Canada Shipping Act, 2001

Marginal note:When salvage services may be claimed

• 143 (1) In the case of salvage services rendered by or with the aid of a Crown vessel, Her Majesty in right of Canada and the master and crew members may claim salvage for salvage services only if the vessel is a tug or is specially equipped with a salvage plant.

• Marginal note:Rights and limitations

  (2) In respect of salvage services that may be claimed under subsection (1),

  • (a) Her Majesty has the same rights and remedies in respect of salvage services as any other salvor would have had if the vessel had belonged to that other salvor; and

  • (b) no claim for salvage services by the master or a crew member of a Crown vessel may be finally adjudicated unless the consent of the Governor in Council to the prosecution of the claim is proved.

• Marginal note:Time for giving consent

  (3) For the purpose of paragraph (2)(b), the consent of the Governor in Council may be given at any time before final adjudication.

• Marginal note:Evidence of consent

  (4) Any document that purports to give the consent of the Governor in Council for the purpose of paragraph (2)(b) is evidence of that consent.

• Marginal note:Claim dismissed if no consent

  (5) If a claim by the master or a crew member is prosecuted and the consent of the Governor in Council is not proved, the claim must be dismissed with costs.