Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Act current to 2017-10-13 and last amended on 2017-06-22. Previous Versions

Marginal note:Salvage award
  •  (1) A person who is referred to in subsection 155(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.

  • 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.

Marginal note:Prohibition

 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

 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
  •  (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
  •  (1) A receiver of wreck may dispose of or destroy wreck, or authorize its disposition or destruction,

    • (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

    • (a) if no claim has been submitted in accordance with paragraph 158(a); or

    • (b) if a claim has not been established within the period that the receiver of wreck considers appropriate.

Marginal note:Unpaid salvage, fees, expenses

 If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice is given by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.

Marginal note:Release of wreck

 On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 154(2), is discharged from all liability in respect of the wreck.

Regulations

Marginal note:Regulations — Minister
  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) exempting any geographical area from the application of this Part; and

    • (b) for carrying out the purposes and provisions of this Part.

  • Marginal note:Regulations — Minister and Minister responsible for Parks Canada Agency

    (2) The Governor in Council may, on the joint recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations

    • (a) specifying wreck or classes of wreck that have heritage value;

    • (b) respecting the protection and preservation of wreck or classes of wreck that have heritage value, and providing for issuing permits to access such wreck;

    • (c) authorizing the designation of enforcement officers to ensure compliance with the regulations made under this Part and specifying their powers and duties;

    • (d) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

    • (e) exempting wreck or any class of wreck that has heritage value from the application of any provision of this Part;

    • (f) exempting any geographical area from the application of regulations made under paragraph (b) or (c); and

    • (g) respecting the setting and payment of fees, and the determination and payment of expenses, for services provided in the administration of regulations made under this subsection.

  • Marginal note:Debt due to Her Majesty

    (3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

  • 2001, c. 26, s. 163;
  • 2005, c. 2, s. 9.

Offences and Punishment

Marginal note:Contravention of Act or regulations
  •  (1) Every person commits an offence who contravenes

    • (a) paragraph 155(1)(a) (report wreck);

    • (b) paragraph 155(1)(b) (take directed measures regarding wreck);

    • (c) section 157 (possessing, concealing, destroying or disposing of wreck); or

    • (d) a provision of the regulations made under this Part.

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

  • Marginal note:Prosecutions

    (3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.

PART 8Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

discharge

rejet

discharge means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

Minister

ministre

Minister means the Minister of Transport. (ministre)

oil

hydrocarbures

oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. (hydrocarbures)

oil pollution incident

événement de pollution par les hydrocarbures

oil pollution incident means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil. (événement de pollution par les hydrocarbures)

pollutant

polluant

pollutant means

  • (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

  • (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

It includes oil and any substance or class of substances that is prescribed for the purpose of this Part to be a pollutant. (polluant)

pollution damage

dommages dus à la pollution

pollution damage, in relation to a vessel or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility. (dommages dus à la pollution)

response organization

organisme d’intervention

response organization means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1). (organisme d’intervention)

  • 2001, c. 26, s. 165;
  • 2005, c. 29, s. 21.
 
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