Navigable Waters Protection Act (R.S.C., 1985, c. N-22)

Marginal note:Conveyance from site and sale

• 17. (1) The Minister may cause the vessel referred to in section 16 or its cargo, or any other thing causing or forming part of the obstruction or obstacle to be conveyed to the place that the Minister considers appropriate and to be sold by auction or otherwise as the Minister considers appropriate. The Minister may apply the proceeds of the sale to make good the expenses incurred by the Minister in placing and maintaining any signal or light to indicate the position of the obstruction or obstacle, or in securing, removing, destroying or selling the vessel, cargo or thing.

• Marginal note:Surplus

  (2) The Minister shall pay over any surplus of the proceeds referred to in subsection (1) or of any portion of the proceeds to the owner of the vessel, cargo or thing sold or to such other persons as are entitled thereto.

Marginal note:Costs constituting debt

• 18. (1) The amount of the costs incurred by the Minister while acting under subsection 15(2) or section 16 — whether or not a sale has been held under section 17 — constitutes a debt to which subsection (2) applies if the costs have been defrayed out of the public moneys of Canada.

• Marginal note:Recovery by Her Majesty

  (2) A debt constituted by virtue of subsection (1) is due to and recoverable by Her Majesty in right of Canada

  • (a) from the owner, managing owner, master or person in charge of the vessel or other thing at the time of the wreck, sinking, partial sinking, lying ashore or grounding thereof, as the case may be, referred to in subsection (1); or

  • (b) from any person through whose act or fault or through the act or fault of whose servant that wreck, sinking, partial sinking, lying ashore or grounding was occasioned or continued.

• Marginal note:Application of moneys recovered

  (3) Any sum recovered under subsection (2) forms part of the Consolidated Revenue Fund.

Marginal note:Order to remove vessel left anchored

• 19. (1) If a vessel has been left anchored, moored or adrift in any navigable water so that, in the Minister’s opinion, it obstructs or is likely to obstruct navigation, the Minister may order the owner, managing owner, master or person in charge of the vessel to secure it or remove it to a place that the Minister considers appropriate.

• Marginal note:Failure to comply with order

  (2) If a person to whom an order is given under subsection (1) fails to comply without delay with the order, the Minister may order the vessel to be secured or removed to the place that the Minister considers appropriate, and the costs of securing or removing the vessel are recoverable against the person as a debt due to Her Majesty.

• Marginal note:Not a statutory instrument

  (3) For greater certainty, an order given under this section is not a statutory instrument within the meaning of the Statutory Instruments Act.