Wrecked, Abandoned or Hazardous Vessels Act (S.C. 2019, c. 1)

Marginal note:Validity of determination not affected

10 The failure to comply with the obligation under section 8 or 9 does not affect the validity of the determination of the Minister or the Minister of Fisheries and Oceans.

Marginal note:Exclusion

11 Subject to any conditions that the Minister considers appropriate, he or she may, by order, exclude a vessel or wreck that is specified in the order from the application of all or part of this Act, if the Minister is of the opinion that it would be in the public interest to do so.

Marginal note:Suspension, cancellation and refusal to issue or renew

• 12 (1) The Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may suspend, cancel or refuse to issue or renew any document, including a certificate, licence or permit, that may be issued under that Act, if the applicant or the holder of the document

  • (a) has contravened a direction given under this Act;

  • (b) has not paid a fine or penalty imposed on them under this Act; or

  • (c) has not reimbursed the Minister or the Minister of Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsection 37(3).

• Marginal note:Corporation

  (2) If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may take the measures referred to in that subsection if a director, officer, agent or mandatary of the corporation

  • (a) has contravened a direction given under this Act;

  • (b) has not paid a fine or penalty imposed on them under this Act; or

  • (c) has not reimbursed the Minister or the Minister of Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsection 37(3).

Disclosure of Information

Marginal note:Disclosure by Minister or Minister of Fisheries and Oceans

• 13 (1) The Minister and the Minister of Fisheries and Oceans may, on their own initiative or on request, disclose to each other, to an enforcement officer or to any person authorized to exercise powers or perform duties or functions under this Act any information collected or obtained under this Act, the Fishing and Recreational Harbours Act, the Navigation Protection Act, the Canada Marine Act or the Canada Shipping Act, 2001, to the extent that the disclosure is necessary for the administration of this Act.

• Marginal note:Disclosure by enforcement officer or authorized person

  (2) An enforcement officer and any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to each other, to the Minister or to the Minister of Fisheries and Oceans any information collected or obtained under this Act, to the extent that the disclosure is necessary for the administration of this Act.

Marginal note:Disclosure to Chief Registrar, registrar or authorized person

• 14 (1) The Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 or to any person authorized to exercise powers or perform duties or functions under the Canada Shipping Act, 2001 any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001.

• Marginal note:Disclosure to Minister

  (2) The Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Minister any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001.

PART 1Removal of Wrecks

Interpretation

Marginal note:Definitions

• 15 (1) The following definitions apply in this Part.

  Canadian vessel

  Canadian vessel means a vessel that is registered, listed, recorded or licensed under the Canada Shipping Act, 2001. (bâtiment canadien)

  owner

  owner, in relation to a vessel, has the meaning assigned by the definition registered owner in Article 1 of the Wreck Removal Convention. (propriétaire)

  vessel

  vessel has the meaning assigned by the definition ship in Article 1 of the Wreck Removal Convention, but includes non-seagoing vessels. (bâtiment)

• Marginal note:Words and expressions defined

  (2) For the purposes of this Part, unless otherwise provided, words and expressions used in this Part have the same meaning as in the Wreck Removal Convention.

• Marginal note:Extended meaning of expression

  (3) For the purposes of the application of the Wreck Removal Convention, in cases where Canada is the affected State, the definition Convention area in Article 1 of that Convention is to be read as including Canada.

• Marginal note:Clarification

  (4) For the purposes of the application of the Wreck Removal Convention, any reference to a “State Party” in the provisions of that Convention referred to in section 16 is, for greater certainty, to be read as including Canada.

Marginal note:Force of law

16 Article 1, paragraphs 1 and 3 of Article 3, paragraphs 1, 2 and 4 of Article 4, paragraph 2 of Article 5, Article 6, paragraphs 2 and 3 of Article 9, Articles 10 and 11, paragraphs 1 to 3, 5 to 10 and 13 of Article 12 and Article 13 of the Wreck Removal Convention have the force of law in Canada.

Marginal note:Inconsistency

17 In the event of any inconsistency between this Part and the Wreck Removal Convention, this Part prevails to the extent of the inconsistency.

Marginal note:Application

18 This Part applies in respect of

• (a) vessels in Canadian waters or in the exclusive economic zone of Canada;

• (b) Canadian vessels, wherever they are; and

• (c) wrecks

  • (i) that are located in the Convention area of a State Party to the Wreck Removal Convention, and

  • (ii) that are the result of a maritime casualty.

Hazards

Marginal note:Obligation to report

• 19 (1) Subject to subsection (2), if a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — is involved in a maritime casualty that resulted in a wreck, the master and the operator of the vessel must, without delay and in accordance with Article 5 of that Convention, provide a report containing the information referred to in paragraph 2 of that Article to a marine communications and traffic services officer designated under the Canada Shipping Act, 2001, unless another person has been designated by the Minister of Fisheries and Oceans, in which case it must be provided to that person. To the extent that either the master or the operator complies with the obligation, the other is not required to provide a report.

• Marginal note:Canadian vessels abroad

  (2) If the vessel referred to in subsection (1) is a Canadian vessel located in the Convention area of a State Party to the Wreck Removal Convention other than Canada, the report under subsection (1) must be made to the government of that state, unless another person has been designated by that state, in which case it must be made to that person.

• Marginal note:Designation

  (3) The Minister of Fisheries and Oceans may designate persons or classes of persons for the purposes of subsection (1).

Marginal note:Marking

20 Unless otherwise directed by the Minister of Fisheries and Oceans, the owner of a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — that was involved in a maritime casualty that resulted in a wreck that poses a hazard must ensure that all reasonable steps are taken without delay to mark the wreck with markings that conform to the internationally accepted system of buoyage in use in the area where the wreck is located.