Marginal note:Regulations — Minister
(a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;
(b) removing any reservation from Part 2 of Schedule 3 that Canada withdraws;
(c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and
(d) prescribing anything that may be prescribed under this Part.
Marginal note:Regulations — Minister and Minister responsible for Parks Canada Agency
(2) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).
- 2001, c. 26, s. 150;
- 2005, c. 2, s. 8.
Offences and Punishment
Marginal note:Contravention of paragraph 148(a) or the regulations
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
Marginal note:Contravention of Act or regulations
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.
153 The definitions in this section apply in this Part.
Minister means the Minister of Transport. (ministre)
- 2001, c. 26, s. 153;
- 2005, c. 29, s. 19.
Designation of Receivers of Wreck
(2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.
(3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.
Marginal note:Duty of persons taking possession of wreck
(a) report it to a receiver of wreck and provide the information and documents requested; and
(b) take any measures with respect to the wreck that the receiver of wreck directs, including
(2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.
(3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.
Marginal note:Salvage award
Marginal note:Nature of award
(2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.
157 No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 155(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.
Marginal note:Delivery of wreck or proceeds of disposition
158 A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 160(1) to a person who claims ownership of the wreck and
(a) submits, in the form and manner specified by the Minister, a claim to the receiver within 90 days after the wreck was reported under paragraph 155(1)(a);
(b) establishes their claim to the satisfaction of the receiver; and
(c) pays or delivers the salvage award determined by the receiver, and pays the receiver’s fees and expenses.
Marginal note:Interpleader in case of wreck
159 (1) When two or more persons claim wreck or proceeds of wreck, or when a person disputes the amount or value of the salvage award determined by the receiver, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.
Marginal note:Maximum award
(2) A salvage award that a court makes under subsection (1) may not exceed the value of the wreck.
Disposition of Wreck
Marginal note:When wreck may be disposed of
(a) after 90 days following the date that the wreck was reported under paragraph 155(1)(a); or
(b) at any time if, in the receiver’s opinion, the value of the wreck is less than $5,000, the storage costs would likely exceed the value of the wreck or the wreck is perishable or poses a threat to public health or safety.
Marginal note:Proceeds held by receiver of wreck
(2) The proceeds, if any, of a disposition under paragraph (1)(b) must be held by the receiver of wreck for not less than 90 days after the date that the wreck was reported under paragraph 155(1)(a).
Marginal note:Payment to CRF
(3) The proceeds of a disposition under subsection (1) must be paid, less the salvage award, fees and expenses, to the Receiver General, to form part of the Consolidated Revenue Fund
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