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

Marginal note:Interference with service of notice

83 It is prohibited for a person to intentionally interfere with the service of a notice of a detention order.

Marginal note:Permission or direction to move vessel

• 84 (1) The Minister may, in respect of a vessel that is subject to a detention order,

  • (a) on application made by the authorized representative of the vessel or, in the absence of an authorized representative, the person in charge of the vessel, permit the vessel to be moved in accordance with the Minister’s directions; and

  • (b) on application made by the owner of a dock or wharf — or by the person in charge of a place — at which the detained vessel is situated, direct the authorized representative or person in charge of the vessel to move it in accordance with the Minister’s directions.

• Marginal note:Non-compliance with paragraph (1)(b)

  (2) If a person does not comply with a direction given to them under paragraph (1)(b) and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, the Minister may authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner.

Marginal note:References

85 For the purposes of sections 82 to 84, in the case of a wreck that is subject to Part 4, a reference to the owner or person in charge is to be read as a reference to a person that has possession of the wreck.

Provisions Related to Entry

Marginal note:Accompanying persons

• 86 (1) If an enforcement officer or the Minister of Fisheries and Oceans enters a place under subsection 67(1) or 74(1), as the case may be, they may be accompanied by any other person whom they believe is necessary to help them in the exercise of their powers or the performance of their duties or functions under this Act.

• Marginal note:Entry on private property — Minister

  (2) The Minister and any person accompanying him or her may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to take the measures referred to in subsection 30(3) or section 35.

• Marginal note:Entry on private property — enforcement officer

  (3) An enforcement officer and any person accompanying them may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 74(1).

• Marginal note:Entry on private property — Minister of Fisheries and Oceans

  (4) The Minister of Fisheries and Oceans and any person accompanying him or her may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 67(1).

• Marginal note:Use of property

  (5) If required, the Minister or the Minister of Fisheries and Oceans may use property adjacent to or in the vicinity of the vessel or wreck for the purposes of repairing, securing, moving, removing, dismantling or destroying the vessel, the wreck or their contents.

• Marginal note:Compensation

  (6) Her Majesty in right of Canada may compensate the owner of a property, or any person that has, either by law or by contract, the rights of the owner of that property in respect of its possession and use, for any loss or damage caused by the use of that property under subsection (5) that exceeds the value of the benefit derived by the owner or person, as the case may be, from the fact that, through the use of that property, the vessel, the wreck or their contents were repaired, secured, moved, removed, dismantled or destroyed.

Marginal note:Duty to assist

87 The owner of a place that is entered by the Minister of Fisheries and Oceans under subsection 67(1) or by an enforcement officer under subsection 74(1), the person in charge of the place and every person in it must give all assistance to the enforcement officer or that Minister that is reasonably required to enable them to exercise their powers or perform their duties or functions under this Act and must provide them with any document or information, or access to any data, that they may reasonably require.

Obstruction

Marginal note:Obstruction

88 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, the Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person acting on their behalf or under their direction who is exercising powers or performing duties or functions under this Act.

Administrative Monetary Penalties

Interpretation

Marginal note:Definition of Minister

89 In sections 90 to 108, Minister means the Minister of Transport, except that

• (a) it means the Minister of Fisheries and Oceans in relation to a violation involving

  • (i) the contravention of subsection 19(1) or section 20, or

  • (ii) the contravention of a direction given under subsection 21(1), paragraph 36(c), subsection 37(1), paragraph 67(2)(e), (k) or (m) or subsection 67(3) or (4); and

• (b) it means the minister who gave a direction under paragraph 37(3)(c), in relation to a violation involving the contravention of that direction.

Assurances of Compliance and Notices of Violation

Marginal note:Violation — persons

• 90 (1) Every person that contravenes any of the following commits a violation and is liable to a penalty:

  • (a) subsection 30(1) or 32(1), section 33 or subsection 34(1);

  • (b) subsection 19(1), section 20 or 31 or subsection 58(1) or (3), 60(1) or 82(7) or (8);

  • (c) a direction given under subsection 21(1), paragraph 30(3)(c) or 36(c) or subsection 37(1) or (2);

  • (d) a direction given under paragraph 37(3)(c), 58(4)(b), 67(2)(e), (k) or (m), (3)(a) or (4)(b), 74(2)(e), (k) or (m) or (3)(a) or 84(1)(b);

  • (e) a provision the contravention of which is designated as a violation by a regulation made under paragraph 109(a).

• Marginal note:Violation — vessels

  (2) Every vessel that contravenes any of the following commits a violation and is liable to a penalty:

  • (a) a direction given under paragraph 30(3)(c) or 36(c);

  • (b) a direction given under paragraph 37(3)(c) or 67(3)(b), subsection 67(4), paragraph 74(3)(b) or subsection 74(4);

  • (c) a provision the contravention of which is designated as a violation by a regulation made under paragraph 109(a).

• Marginal note:Continuing violation

  (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

• Marginal note:Penalty

  (4) The maximum amount payable as the penalty for each violation set out in paragraph (1)(a) or (c) or (2)(a) is, in the case of an individual, $50,000, and in the case of any other person or vessel, $250,000.

• Marginal note:Penalty

  (5) The maximum amount payable as the penalty for each violation set out in paragraph (1)(b), (d) or (e) or (2)(b) or (c) is, in the case of an individual, $5,000 and, in the case of any other person or vessel, $25,000.

• Marginal note:Purpose of penalty

  (6) The purpose of the penalty is to promote compliance with this Act and not to punish.

• Marginal note:Clarification

  (7) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

• Marginal note:Nature of violation

  (8) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

• Marginal note:Due diligence defence — persons

  (9) A person must not be found to be liable for a violation under this Act, other than in relation to a contravention of subsection 34(1), if they establish that they exercised due diligence to prevent its commission.

• Marginal note:Due diligence defence — vessels

  (10) A vessel must not be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.

Marginal note:Assurance of compliance or notice of violation

• 91 (1) If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may

  • (a) enter into an assurance of compliance with the person or vessel that

    • (i) identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,

    • (ii) sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and

    • (iii) sets out the penalty that the person or vessel would have been liable to pay for the violation if the assurance had not been entered into; or

  • (b) issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out

    • (i) the penalty that the person or vessel is liable to pay for the violation,

    • (ii) the period, being 30 days after the day on which the notice is served, within which the penalty must be paid or a review must be requested, and

    • (iii) particulars of the manner in which, and the address at which, the penalty must be paid or a review must be requested.

• Marginal note:Extension of period

  (2) The Minister may extend the period specified under subparagraph (1)(a)(i) if the Minister is satisfied that the person or vessel is unable to comply with the assurance of compliance for reasons beyond the person’s or vessel’s control.

• Marginal note:Short-form descriptions in notices of violation

  (3) The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.