Wrecked, Abandoned or Hazardous Vessels Act (S.C. 2019, c. 1)
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Assented to 2019-02-28
PART 7Regulations (continued)
Marginal note:Regulations — Minister and Minister responsible for Parks Canada Agency
131 (1) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations
(a) respecting the salvage of wrecks or classes of wrecks specified by regulations made under paragraph (b);
(b) specifying wrecks or classes of wrecks that have heritage value, including ocean war graves;
(c) respecting the protection and preservation of wrecks or classes of wrecks that have heritage value, including ocean war graves, and providing for the issuance of permits to access those wrecks;
(d) authorizing the designation of enforcement officers to ensure compliance with the regulations made under any of paragraphs (b) and (c) and (e) to (h), and specifying their powers, duties and functions;
(e) 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 with whom an agreement or arrangement is entered into to exercise the powers or perform the duties or functions under those regulations that are specified in the agreement or arrangement;
(f) exempting wrecks or classes of wrecks that have heritage value, including ocean war graves, from the application of any provision of Part 4;
(g) exempting any geographical area from the application of regulations made under paragraph (c) or (d);
(h) respecting the setting and payment of fees, and the determination and payment of costs and expenses, for services provided in the administration of regulations made under this subsection;
(i) extending the application of paragraph 110(1)(f), subsections 110(5) and (7), section 111, paragraph 113(d), subsection 119(1) and section 120 to wrecks or classes of wrecks that are specified in regulations made under paragraph (b);
(j) extending to wrecks or classes of wrecks that are specified in regulations made under paragraph (b) the application of paragraph 110(1)(b), in respect of a contravention of subsection 58(1) or (3) or section 60, and of paragraph 110(1)(d), in respect of a contravention of a direction given under paragraph 58(4)(b); and
(k) extending the application of any provision of the regulations made under this subsection to wrecked vessels or aircraft — or classes of wrecked vessels or aircraft — that are referred to in subsection 5(1) and paragraphs 5(2)(a) and (b) and that are specified in regulations made under paragraph (b).
Marginal note:Debt due to Her Majesty
(2) All fees, costs and expenses referred to in paragraph (1)(h) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
PART 8Transitional Provision and Related and Consequential Amendments
Transitional Provision
Marginal note:Section 20 of Navigation Protection Act
132 A notice given under section 20 of the Navigation Protection Act before the day on which section 138 comes into force is deemed to have been given under subsection 38(2).
Related Amendments
1996, c. 31Oceans Act
133 Subsection 41(1) of the Oceans Act is amended by adding the following after paragraph (b):
(c) response to wrecks and hazardous or dilapidated ships;
2002, c. 18Canada National Marine Conservation Areas Act
Marginal note:2012, c. 31, s. 346
134 Subsection 16(5) of the Canada National Marine Conservation Areas Act is replaced by the following:
Marginal note:Conflicts
(5) Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigation Protection Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.
Consequential Amendments
R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act
Marginal note:2001, c. 26, s. 295
135 The definition Crown ship in section 2 of the Crown Liability and Proceedings Act is replaced by the following:
- Crown ship
Crown ship means a Crown vessel as defined in subsection 48(1) of the Wrecked, Abandoned or Hazardous Vessels Act; (navire de l’État)
Marginal note:2001, c. 26, s. 298
136 Subsection 7(1) of the Act is replaced by the following:
Marginal note:Limitation or prescription period for salvage proceedings
7 (1) Section 53 of the Wrecked, Abandoned or Hazardous Vessels Act applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft.
R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act
137 The Navigation Protection Act is amended by adding the following before section 15:
Marginal note:Non-application
14.2 Sections 15 to 19 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
Marginal note:2012, c. 31, s. 320
138 Section 20 of the Act is repealed.
139 The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:
R.S., c. 1 (2nd Supp.)Customs Act
Marginal note:2001, c. 26, s. 299
140 The portion of subsection 16(2) of the Customs Act before paragraph (a) is replaced by the following:
Marginal note:Report of wreck and liability for duties
(2) If any wreck that has come into Canada from outside Canada is released to a person under section 61 of the Wrecked, Abandoned or Hazardous Vessels Act, that person
2001, c. 26Canada Shipping Act, 2001
Marginal note:2005, c. 29, s. 16(1)
141 Paragraphs 35(1)(e) to (g) of the Canada Shipping Act, 2001 are replaced by the following:
(e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);
(f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);
(g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1);
142 The heading before section 140 of the French version of the Act is replaced by the following:
Définition
143 Sections 140 to 147 of the Act are replaced by the following:
Marginal note:Definition of Minister
140 In this Part, Minister means the Minister of Transport.
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