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

Marginal note:Governor in Council may accept offers of settlement

• 144 (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.

• Marginal note:Distribution

  (2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.

Limitation of Time for Salvage Proceedings

Marginal note:Proceedings within two years

• 145 (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered.

• Marginal note:Extension of period by court

  (2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it thinks fit.

Aircraft

Marginal note:Aircraft treated as if vessel

146 The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.

Rights Not Affected

Marginal note:Salvage

147 Compliance with section 130 (direction of rescue coordinator), 131 (distress signals) or 132 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.

Obligations in Case of Collisions

Marginal note:Duty of masters in collision

148 If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

• (a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

• (b) give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

Inquiry into Causes of Death

Marginal note:Inquiry into cause of death on board

• 149 (1) If a person dies on board a Canadian vessel, on the vessel’s arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

• Marginal note:Powers of Minister

  (2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

  • (a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

  • (b) enter and inspect any premises at any reasonable time.

• Marginal note:Warrant required to enter living quarters

  (3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

• Marginal note:Authority to issue warrant

  (4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

  • (a) is necessary for the purpose of an inquiry; and

  • (b) has been refused or there are reasonable grounds for believing that it will be refused.

• Marginal note:Use of force

  (5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Regulations

Marginal note:Regulations — Minister

• 150 (1) The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

  • (b) removing any reservation from Part 2 of Schedule 3 that Canada withdraws;

  • (c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

  • (d) prescribing anything that may be prescribed under this Part.

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

  (2) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 163(2)(a).

Offences and Punishment

Marginal note:Contravention of paragraph 148(a) or the regulations

• 151 (1) Every person commits an offence who contravenes

  • (a) paragraph 148(a) (render assistance after a collision); or

  • (b) a provision of the regulations made under paragraph 150(1)(a).

• 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 $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Contravention of Act or regulations

• 152 (1) Every person commits an offence who contravenes

  • (a) paragraph 148(b) (failure to provide information after a collision); or

  • (b) a provision of the regulations made under paragraph 150(1)(c) or subsection 150(2).

• 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 $10,000.

PART 7Wreck

Interpretation

Marginal note:Definitions

153 The definitions in this section apply in this Part.

Minister

ministre

Minister means the Minister of Transport. (ministre)

wreck

épave

wreck includes

• (a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and

• (b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters. (épave)

Designation of Receivers of Wreck

Marginal note:Designation

• 154 (1) The Minister may designate persons or classes of persons as receivers of wreck.

• Marginal note:Authorization

  (2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.

• Marginal note:Immunity

  (3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.

Found Wreck

Marginal note:Duty of persons taking possession of wreck

• 155 (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,

  • (a) report it to a receiver of wreck and provide the information and documents requested; and

  • (b) take any measures with respect to the wreck that the receiver of wreck directs, including

    • (i) delivering it to the receiver of wreck within the period specified by the receiver, or

    • (ii) keeping it in their possession in accordance with the instructions of the receiver.

• Marginal note:Notice

  (2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.

• Marginal note:Discretion

  (3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.