Marginal note:Short title

1 This Act may be cited as the Wrecked, Abandoned or Hazardous Vessels Act.

Marginal note:Definitions

2 The following definitions apply in this Act.

authorized representative

authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)

Canadian vessel

Canadian vessel, except in Part 1, means a vessel that is not registered, listed, recorded or licensed in a foreign state. (bâtiment canadien)

master

master has the same meaning as in section 2 of the Canada Shipping Act, 2001. (capitaine)

Minister

Minister means, subject to section 89, the Minister of Transport. (ministre)

owner

owner, except in Part 1, means, in relation to a vessel, a person that

• The following provision is not in force.

  (a) is a registered owner of the vessel;

• The following provision is not in force.

  (b) is a holder of a pleasure craft licence; or

• The following provision is not in force.

  (c) has, either by law or by contract, the rights of an owner of the vessel in respect of its possession and use. (propriétaire)

person

person includes a partnership, an unincorporated organization, an association and a trust. (personne)

person in charge

person in charge means, in relation to a vessel or a wreck, the owner, master or authorized representative of the vessel, and any person that is or appears to be in command, control or charge of the vessel or that has management of the vessel, but does not include a licensed pilot, as defined in section 1.1 of the Pilotage Act, while the pilot is exercising their powers or performing their duties or functions under that Act. (responsable)

pleasure craft

pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

prescribed

prescribed means prescribed by the regulations.‍ (Version anglaise seulement)

Transportation Appeal Tribunal

Transportation Appeal Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.‍ (Tribunal d’appel des transports)

vessel

vessel, except in Part 1, means any boat, ship or craft of any kind designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion or to whether it is under construction or being re-purposed or dismantled. It also includes a floating object that is designated to be a vessel by the regulations. (bâtiment)

Wreck Removal Convention

Wreck Removal Convention means the Nairobi International Convention on the Removal of Wrecks, 2007, signed at Nairobi on May 18, 2007 and set out in Schedule 1. (Convention sur l’enlèvement des épaves)

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Purpose of Act

4 The purpose of this Act is to promote the protection of the public, of the environment, including coastlines and shorelines, and of infrastructure by, among other things, regulating wrecks and vessels posing hazards, prohibiting vessel abandonment, and recognizing the responsibility and liability of owners for their vessels.

Marginal note:Exclusions

• The following provision is not in force.

  5 (1) Except as otherwise provided by regulations made under paragraph 130(1)(c) or subsection 131(1) and despite subsection (3), this Act does not apply in respect of a vessel or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel or aircraft that is under the command, control or direction of the Canadian Forces.

• The following provision is not in force.

  Marginal note:Exclusions

  (2) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in respect of

  • The following provision is not in force.

    (a) a vessel that is owned or operated by Her Majesty in right of Canada or of a province or by a foreign state while that vessel is being used exclusively for non-commercial governmental purposes; and

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    (b) vessels that are on location for the purposes of engaging in the exploration, exploitation or production of mineral resources or that, as a result of an accident or incident, have drifted from that location.

• The following provision is not in force.

  Marginal note:Exclusion

  (3) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in respect of wrecks considered as having heritage value under an Act of Parliament or of the legislature of a province.

Marginal note:Agreements or arrangements

• The following provision is not in force.

  6 (1) The Minister or the Minister of Fisheries and Oceans may, with respect to that Minister’s powers, duties and functions under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person, including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Aboriginal group, with whom an agreement or arrangement is entered into to exercise the powers — other than the power to make an order under section 11 — or perform the duties or functions under this Act that are specified in the agreement or arrangement.

• The following provision is not in force.

  Marginal note:Guidelines

  (2) The Minister may issue guidelines for the purposes of this Act.

Marginal note:Delegation — Minister

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  7 (1) The Minister may delegate any of his or her powers, duties or functions under this Act to the Minister of Fisheries and Oceans for any period and under any terms and conditions that the Minister considers appropriate.

• The following provision is not in force.

  Marginal note:Delegation — Minister of Fisheries and Oceans

  (2) The Minister of Fisheries and Oceans may delegate any of his or her powers, duties or functions under this Act to the Minister for any period and under any terms and conditions that the Minister of Fisheries and Oceans considers appropriate.

Marginal note:Obligation to consult — Minister of Fisheries and Oceans

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  8 (1) For the purposes of this Act, the Minister of Fisheries and Oceans may determine whether a vessel or wreck poses, or may pose, a hazard and, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister to the extent that it is possible to do so.

• The following provision is not in force.

  Marginal note:Consultation — matters

  (2) The consultation with the Minister is to include the following matters:

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    (a) any proposed salvage plans; and

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    (b) if relevant, whether the vessel or wreck poses, or may pose, a hazard

    • (i) to navigation,

    • (ii) to a public port or public port facility, as defined in subsection 2(1) of the Canada Marine Act, or

    • (iii) to transportation infrastructure in respect of which Parliament has jurisdiction.

Marginal note:Obligation to consult — Minister

• The following provision is not in force.

  9 (1) For the purposes of this Act, if the Minister of Fisheries and Oceans has, under subsection 7(2), delegated his or her power to the Minister to determine whether a vessel or wreck poses, or may pose, a hazard, the Minister, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister of Fisheries and Oceans to the extent that it is possible to do so.

• The following provision is not in force.

  Marginal note:Consultation — matters

  (2) The consultation with the Minister of Fisheries and Oceans is to include, if relevant, whether the vessel or wreck poses, or may pose, a hazard

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    (a) to the environment;

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    (b) to aquatic wildlife or their habitat and ecosystems;

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    (c) to fisheries and aquaculture; or

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    (d) to a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act.

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

• The following provision is not in force.

  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

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

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

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    (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).

• The following provision is not in force.

  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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

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    (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:Disclosure by Minister or Minister of Fisheries and Oceans

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  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.

• The following provision is not in force.

  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

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  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.

• The following provision is not in force.

  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.

Marginal note:Definitions

• The following provision is not in force.

  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)

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

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

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  (b) Canadian vessels, wherever they are; and

• The following provision is not in force.

  (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.

Marginal note:Obligation to report

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

Marginal note:Direction — locating, marking and removal

• The following provision is not in force.

  21 (1) If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard, he or she may direct the owner of the vessel that was involved in the maritime casualty that resulted in the wreck, within the time that he or she specifies, to

  • The following provision is not in force.

    (a) take all measures that that Minister considers practicable to establish the precise location of the wreck; and

  • The following provision is not in force.

    (b) take all measures that that Minister considers proportionate to the hazard to mark or remove the wreck.

• The following provision is not in force.

  Marginal note:Measures — Minister of Fisheries and Oceans

  (2) If the measures referred to in subsection (1) are not taken within the period specified by the Minister of Fisheries and Oceans, he or she may take the measures.

• The following provision is not in force.

  Marginal note:Measures — owner cannot be contacted

  (3) If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and the owner of the vessel that was involved in the maritime casualty that resulted in the wreck cannot be contacted, the Minister of Fisheries and Oceans may take the measures referred to in subsection (1).

Marginal note:Immediate action required

22 If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and that a measure referred to in subsection 21(1) must be taken immediately, he or she may take the measure.

Marginal note:Owner

23 Subject to any limit set out in the Marine Liability Act, the liability of the owner of a vessel for the purposes of Article 10 of the Wreck Removal Convention also includes

• The following provision is not in force.

  (a) the costs and expenses incurred by any person in Canada or any person in a state, other than Canada, that is a party to that Convention, including those incurred by the Minister of Fisheries and Oceans in determining whether a wreck poses a hazard, if he or she determined that it posed one; and

• The following provision is not in force.

  (b) any loss or damage caused by the measures taken in accordance with this Act.

Marginal note:Absence of certificate

• The following provision is not in force.

  24 (1) Unless a vessel of 300 gross tonnage and above carries a certificate described in paragraph 2 of Article 12 of the Wreck Removal Convention and issued in accordance with subsection 25(1), the vessel must not

  • The following provision is not in force.

    (a) enter or leave a port in Canadian waters or in the exclusive economic zone of Canada or arrive at or leave an offshore facility in Canadian waters or in the exclusive economic zone of Canada; or

  • The following provision is not in force.

    (b) operate, if it is a Canadian vessel.

• The following provision is not in force.

  Marginal note:Certificate to be produced on request

  (2) Unless, in accordance with paragraph 13 of Article 12 of the Wreck Removal Convention, the certificate is not required to be carried on board the vessel, the master, a crew member or any person on board who is, or appears to be, in charge of the vessel must produce the certificate and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.

Marginal note:By whom certificate must be issued

• The following provision is not in force.

  25 (1) The certificate must be issued

  • The following provision is not in force.

    (a) if the vessel is a Canadian vessel, by the Minister;

  • The following provision is not in force.

    (b) if the vessel is registered, listed, recorded or licensed in a state, other than Canada, that is a party to the Wreck Removal Convention, by or under the authority of the government of that state; or

  • The following provision is not in force.

    (c) if the vessel is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to that Convention.

• The following provision is not in force.

  Marginal note:Designation by Minister

  (2) The Minister may designate persons or classes of persons to issue, refuse or revoke a certificate on the Minister’s behalf.

• The following provision is not in force.

  Marginal note:Issuance of certificate by Minister

  (3) Subject to the regulations, on an application to the Minister for a certificate in respect of a Canadian vessel or a vessel registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, the Minister must issue the certificate to the owner of the vessel — in printed or electronic form, or both — if he or she is satisfied that a contract of insurance or other financial security satisfying the requirements of Article 12 of that Convention will be in force in respect of the vessel throughout the period for which the certificate is issued.

• The following provision is not in force.

  Marginal note:When Minister may refuse certificate

  (4) Subject to the regulations, if the Minister is of the opinion that the insurer or guarantor will be unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security will not satisfy the requirements of that Article, the Minister may refuse to issue the certificate.

• The following provision is not in force.

  Marginal note:When Minister may revoke certificate

  (5) Subject to the regulations, the Minister may revoke the certificate issued by him or her if the Minister is of the opinion that the insurer or guarantor is unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security does not satisfy the requirements of that Article.

Marginal note:Towing

• The following provision is not in force.

  26 (1) Subject to the regulations, the Minister may, on any terms and conditions that he or she considers necessary, exempt a vessel that is not registered, listed, recorded or licensed from the application of section 24, for the period during which it is being towed, if he or she is satisfied that a contract of insurance or other financial security in an amount equal to that set out in paragraph 1 of Article 12 of the Wreck Removal Convention will be in force in respect of the vessel while it is being towed and the insurer or guarantor will be able to meet their obligations under the contract of insurance or other financial security.

• The following provision is not in force.

  Marginal note:Proof to be produced on request

  (2) The master, a crew member or any person on board who is, or appears to be, in charge of the vessel that is towing a vessel that has been exempted under subsection (1) must produce proof of the exemption and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.

Marginal note:Definitions

27 The following definitions apply in this Part.

dilapidated vessel

dilapidated vessel means a vessel that meets any prescribed criteria and

• The following provision is not in force.

  (a) is significantly degraded or dismantled; or

• The following provision is not in force.

  (b) is incapable of being used for safe navigation. (bâtiment délabré)

hazard

hazard means any condition or threat that may reasonably be expected to result in harmful consequences to the environment, coastlines, shorelines, infrastructure or any other interest, including the health, safety, well-being and economic interests of the public. It does not include harmful consequences that are excluded by the regulations. (danger)

wreck

wreck means

• The following provision is not in force.

  (a) a vessel, or part of a vessel, that is sunk, partially sunk, adrift, stranded or grounded, including on the shore; or

• The following provision is not in force.

  (b) equipment, stores, cargo or any other thing that is or was on board a vessel and that is sunk, partially sunk, adrift, stranded or grounded, including on the shore. (épave)

Marginal note:Application

28 Unless otherwise provided, this Part applies in respect of

• The following provision is not in force.

  (a) wrecks and Canadian vessels in Canadian waters and in the exclusive economic zone of Canada; and

• The following provision is not in force.

  (b) all other vessels in Canadian waters.

Marginal note:Exclusions

29 This Part does not apply in respect of vessels that are less than 5.5 m in length and are designed to be primarily human-powered or wind-powered, including those that have become wrecks.

Marginal note:Dilapidated vessel

• The following provision is not in force.

  30 (1) It is prohibited for an owner of a dilapidated vessel to leave it stranded, grounded, including on the shore, anchored or moored in the same location — or within a radius of three nautical miles of, or, if a radius is prescribed, within that prescribed radius of that location — for a period of 60 consecutive days or, if a number of consecutive days is prescribed, that number of consecutive days.

• The following provision is not in force.

  Marginal note:Exception — consent

  (2) An owner of a dilapidated vessel does not contravene subsection (1) if they obtain the express consent to leave the vessel, at each location where the vessel is situated during the period referred to in that subsection, of a person that has the authority to give that consent as owner, manager or lessee of the location. The onus of proving that consent is on the owner of the dilapidated vessel.

• The following provision is not in force.

  Marginal note:Measures

  (3) If subsection (1) has been contravened, the Minister may

  • The following provision is not in force.

    (a) take the measures that he or she considers necessary in respect of the dilapidated vessel or its contents, including repairing, securing, moving or removing the vessel or its contents or selling, dismantling, destroying or otherwise disposing of them;

  • The following provision is not in force.

    (b) monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and

  • The following provision is not in force.

    (c) if he or she considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

Marginal note:Vessel adrift

31 It is prohibited for an owner of a vessel to leave it adrift for a period of 48 hours without taking measures to secure it.

Marginal note:Abandoned vessel

• The following provision is not in force.

  32 (1) It is prohibited for an owner of a vessel to abandon it.

• The following provision is not in force.

  Marginal note:Presumption — abandonment

  (2) An owner of a vessel is, in the absence of evidence to the contrary, presumed to have abandoned it if they leave the vessel unattended for a period of two years.

• The following provision is not in force.

  Marginal note:For greater certainty

  (3) For greater certainty and despite subsection (2), it is not necessary for an owner to leave a vessel unattended for a period of two years for the owner to be found to have contravened subsection (1).

• The following provision is not in force.

  Marginal note:Exception

  (4) An owner of a vessel who abandons it does not contravene subsection (1) if

  • The following provision is not in force.

    (a) the abandonment is in accordance with a Canadian permit, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, authorizing the disposal of the vessel;

  • The following provision is not in force.

    (b) the abandonment is in accordance with any other Act of Parliament or of the legislature of a province;

  • The following provision is not in force.

    (c) the abandonment is temporary and necessary to avert a danger to human life; or

  • The following provision is not in force.

    (d) it is a wreck, as defined in Article 1 of the Wreck Removal Convention, and its owner complies with Part 1.

Marginal note:Vessel becoming wreck

33 It is prohibited for an owner of a vessel to let it become a wreck by reason of failing to maintain it.

Marginal note:Sinking, stranding or grounding vessel

• The following provision is not in force.

  34 (1) It is prohibited for a person in charge of a vessel to knowingly cause it to sink or partially sink or to be stranded or grounded, including on the shore.

• The following provision is not in force.

  Marginal note:Exception

  (2) A person in charge of a vessel that knowingly causes it to sink or partially sink or to be stranded or grounded, including on the shore, does not contravene subsection (1) if

  • The following provision is not in force.

    (a) they do so in accordance with any other Act of Parliament or of the legislature of a province;

  • The following provision is not in force.

    (b) they cause it to sink in accordance with a Canadian permit, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, authorizing the disposal of the vessel; or

  • The following provision is not in force.

    (c) they cause it to be stranded or grounded so as to avert a danger to human life.

Marginal note:Sale, destruction or other disposition

35 The Minister may sell, destroy or otherwise dispose of a vessel that is abandoned.

Marginal note:Minister of Fisheries and Oceans — general powers

36 If the Minister of Fisheries and Oceans has reasonable grounds to believe that a vessel or wreck poses, or may pose, a hazard, he or she

• The following provision is not in force.

  (a) may take the measures that he or she considers necessary to prevent, mitigate or eliminate the hazard, including by repairing, securing, moving or removing of the vessel, the wreck or their contents or selling, dismantling, destroying or otherwise disposing of them;

• The following provision is not in force.

  (b) may monitor the measures taken by any person to prevent, mitigate or eliminate the hazard; and

• The following provision is not in force.

  (c) if he or she considers it necessary to do so, may direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

Marginal note:Power related to dilapidated vessel

• The following provision is not in force.

  37 (1) The Minister of Fisheries and Oceans may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with that Minister’s directions if the vessel is

  • The following provision is not in force.

    (a) in a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act; or

  • The following provision is not in force.

    (b) on any property belonging to Her Majesty in right of Canada for which the Minister of Fisheries and Oceans is responsible.

• The following provision is not in force.

  Marginal note:Power related to dilapidated vessel

  (2) The Minister may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with the Minister’s directions if the vessel is

  • The following provision is not in force.

    (a) located in a public port or public port facility, as defined in subsection 2(1) of the Canada Marine Act; or

  • The following provision is not in force.

    (b) on any property belonging to Her Majesty in right of Canada, other than a scheduled harbour or property referred to in subsection (1).

• The following provision is not in force.

  Marginal note:Failure to comply with direction

  (3) If the measures referred to in subsection (1) or (2) are not taken in accordance with the directions given, the Minister who gave them

  • The following provision is not in force.

    (a) may take the measures that he or she considers necessary, including repairing, securing, moving or removing the vessel or its contents or selling, dismantling, destroying or otherwise disposing of them;

  • The following provision is not in force.

    (b) may monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and

  • The following provision is not in force.

    (c) if he or she considers it necessary to do so, may direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

• The following provision is not in force.

  Marginal note:Authorized representative or owner unknown or not located

  (4) If the authorized representative or, in the absence of an authorized representative, the owner, is unknown or cannot be located, the Minister of Fisheries and Oceans or the Minister, as the case may be, may take any of the measures referred to in paragraphs (3)(a) to (c).

Marginal note:Authorization to take possession

• The following provision is not in force.

  38 (1) If any vessel or other thing is wrecked, sunk, partially sunk, stranded, grounded, including on the shore, or abandoned in Canadian waters, the Minister may, for a purpose that he or she specifies and subject to any conditions that he or she considers appropriate, authorize any person to take possession of all or part of the vessel or thing, for the benefit of that person or the public.

• The following provision is not in force.

  Marginal note:Notification

  (2) The Minister must not authorize a person to take possession of all or part of the vessel or thing under subsection (1) unless the person has given 30 days’ notice, in the form and manner specified by the Minister, of their intention to do so

  • The following provision is not in force.

    (a) to its owner; or

  • The following provision is not in force.

    (b) to the public, if its owner is unknown or cannot be located.

• The following provision is not in force.

  Marginal note:Consent not required

  (3) A person that is authorized to take possession of a vessel under subsection (1) is not required to obtain the consent of its owner to register the vessel or obtain a pleasure craft license for it under the Canada Shipping Act, 2001.

Marginal note:Disposition of vessel, wreck or contents

39 The Minister or the Minister of Fisheries and Oceans may sell, dismantle, destroy or otherwise dispose of a vessel, a wreck or their contents under paragraph 30(3)(a), section 35, paragraph 36(a) or 37(3)(a) or subsection 37(4) only if

• The following provision is not in force.

  (a) 30 days have elapsed after the day on which notice of his or her intention to dispose of it was given to

  • (i) the public,

  • (ii) the authorized representative of the vessel or, in the absence of an authorized representative, its owner, if known,

  • (iii) the owner of the wreck or the contents, if known,

  • (iv) the holder of any mortgage or hypothec against the vessel that is registered on the register in which the vessel is recorded,

  • (v) the holder of any maritime lien against the vessel or the holder of any similar interest or right, if known, and

  • (vi) the holder of any lien against the contents or the holder of any similar interest or right, if known;

• The following provision is not in force.

  (b) the vessel, the wreck or their contents are, in his or her opinion, likely to deteriorate rapidly; or

• The following provision is not in force.

  (c) the disposition is made under paragraph 36(a) and the Minister of Fisheries and Oceans is of the opinion that it must be made in a period of less than 30 days to prevent, mitigate or eliminate the hazard.

Marginal note:At risk, cost and expense of owner

40 The disposition is at the risk, cost and expense of the owner of the vessel, wreck or contents.

Marginal note:Payment of proceeds

41 If a vessel, a wreck or their contents are disposed of under paragraph 30(3)(a), section 35, paragraph 36(a) or 37(3)(a) or subsection 37(4), any surplus remaining from the proceeds of the disposition after deducting the costs and expenses incurred in respect of the disposition must be paid to the Minister or the Minister of Fisheries and Oceans, in respect of all costs and expenses incurred in taking any other measures under subsection 30(3), section 35 or 36 or subsection 37(3) or (4), and to the holders, if known at the time of the disposition, of any mortgages, hypothecs, maritime liens or other interests or rights that are in existence at the time of the disposition, and any amount that remains must be paid to the owner of the vessel, the wreck or their contents or, if proceedings have been commenced under this Act, must be retained by the Minister or the Minister of Fisheries and Oceans, as the case may be, pending the outcome of the proceedings.

Marginal note:Federal Court directions

42 The Minister or the Minister of Fisheries and Oceans may apply to the Federal Court for directions as to the allocation of the surplus referred to in section 41.

Marginal note:Clear title

43 When a vessel, a wreck or their contents are sold or otherwise disposed of under paragraph 30(3)(a), section 35, paragraph 36(a) or 37(3)(a) or subsection 37(4), the Minister or the Minister of Fisheries and Oceans may give the person acquiring it a valid title to the vessel, the wreck or their contents free from any mortgage, hypothec, maritime lien or other interest or right that is in existence at the time of the disposition.

Marginal note:Compensation

44 Compensation must be paid by Her Majesty in right of Canada to any vessel or person that has complied with a direction issued under paragraph 30(3)(c), 36(c) or 37(3)(c) or subsection 37(4), other than

• The following provision is not in force.

  (a) an owner that contravened subsection 30(1);

• The following provision is not in force.

  (b) an authorized representative or owner that was the subject of a direction under subsection 37(1) or (2); or

• The following provision is not in force.

  (c) a vessel or wreck that was the subject of measures under section 36 or subsection 37(3) or (4), or the person in charge of that vessel or wreck.

Marginal note:Liability of owner

• The following provision is not in force.

  45 (1) The owner of a vessel or wreck is liable for the costs and expenses incurred by

  • The following provision is not in force.

    (a) the Minister

    • (i) in respect of measures taken under paragraph 30(3)(a), section 35, paragraph 37(3)(a) or subsection 37(4) and any loss or damage caused by those measures,

    • (ii) in respect of any monitoring under paragraph 30(3)(b) or 37(3)(b) or subsection 37(4),

    • (iii) in relation to any direction given under paragraph 30(3)(c) or 37(3)(c) or subsection 37(4), and

    • (iv) in relation to the use of property under subsection 86(5);

  • The following provision is not in force.

    (b) the Minister of Fisheries and Oceans

    • (i) in respect of measures taken under paragraph 36(a) (including any costs and expenses incurred by the Minister of Fisheries and Oceans in determining whether a vessel or wreck poses a hazard, if he or she determined that it posed one) or 37(3)(a) or subsection 37(4) and any loss or damage caused by those measures,

    • (ii) in respect of any monitoring under paragraph 36(b) or 37(3)(b) or subsection 37(4),

    • (iii) in relation to any direction given under paragraph 36(c) or 37(3)(c) or subsection 37(4), and

    • (iv) in relation to the use of property under subsection 86(5); and

  • The following provision is not in force.

    (c) any other person, in cases where no compensation is paid by Her Majesty in right of Canada,

    • (i) in respect of the measures that they were directed to take or to refrain from taking under paragraph 30(3)(c), 36(c) or 37(3)(c) or subsection 37(4) and any loss or damage caused by those measures, and

    • (ii) in respect of any loss or damage caused by the use of property under subsection 86(5).

• The following provision is not in force.

  Marginal note:Limitation or prescription period

  (2) No action lies in respect of the liability referred to in subsection (1) if it is commenced more than six years after the day on which the first measure was taken in respect of the vessel or wreck under any of paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and 37(3)(a) to (c) and subsections 37(4) and 86(5).

• The following provision is not in force.

  Marginal note:Liability for costs and expenses

  (3) If there is more than one owner of a vessel or wreck, the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1).

Marginal note:Direction to vessel

46 For the purposes of this Part, a direction is deemed to have been given to the vessel and is binding on it if

• The following provision is not in force.

  (a) the direction is given to the authorized representative or a person in charge of the vessel; or

• The following provision is not in force.

  (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Inconsistency — Part 1

• The following provision is not in force.

  47 (1) In the event of any inconsistency between Part 1 and this Part, Part 1 prevails to the extent of the inconsistency.

• The following provision is not in force.

  Marginal note:Inconsistency — directions

  (2) Any direction under this Part that is inconsistent with a direction under any other Act of Parliament is void to the extent of the inconsistency.

Marginal note:Definitions

• The following provision is not in force.

  48 (1) The following definitions apply in this Part.

  Crown vessel

  Crown vessel means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada. (bâtiment appartenant à Sa Majesté)

  Salvage Convention

  Salvage Convention means the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 2. (Convention sur l’assistance)

• The following provision is not in force.

  Marginal note:Clarification

  (2) For the purposes of the application of the Salvage Convention, any reference to a “State Party” in the provisions referred to in subsection 50(1) is, for greater certainty, to be read as including Canada.

Marginal note:Vessels

49 This Part applies in respect of vessels registered, listed, recorded or licensed under the Canada Shipping Act, 2001, wherever they are, and in respect of all other vessels in Canadian waters.

Marginal note:Salvage Convention

• The following provision is not in force.

  50 (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 2, Articles 1 to 9, paragraphs 1 and 3 of Article 10 and Articles 11 to 26 of the Salvage Convention have the force of law in Canada.

• The following provision is not in force.

  Marginal note:Inconsistent laws

  (2) In the event of any inconsistency between the Salvage Convention and this Act or the Canada Shipping Act, 2001 or the regulations made under those Acts, the Convention prevails to the extent of the inconsistency.

Marginal note:When salvage services may be claimed

• The following provision is not in force.

  51 (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 of the Crown vessel may claim salvage for salvage services only if the Crown vessel is a tug or is specially equipped with a salvage plant.

• The following provision is not in force.

  Marginal note:Rights and limitations

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

  • The following provision is not in force.

    (a) Her Majesty and the master and crew members have 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

  • The following provision is not in force.

    (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 institution of proceedings in respect of the claim is proved.

• The following provision is not in force.

  Marginal note:Time for giving consent

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

• The following provision is not in force.

  Marginal note:Evidence of consent

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

• The following provision is not in force.

  Marginal note:Claim dismissed if no consent

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

Marginal note:Governor in Council may accept offers of settlement

• The following provision is not in force.

  52 (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.

• The following provision is not in force.

  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.

Marginal note:Proceedings within two years

• The following provision is not in force.

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

• The following provision is not in force.

  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 considers appropriate.

Marginal note:Aircraft treated as if vessel

54 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.

Marginal note:Salvage

55 Compliance with section 130, 131 or 132 of the Canada Shipping Act, 2001 does not affect the right of a master or of any other person to salvage.

Marginal note:Definition of wreck

56 In this Part, wreck includes

• The following provision is not in force.

  (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

• The following provision is not in force.

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

Marginal note:Designation

• The following provision is not in force.

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

• The following provision is not in force.

  Marginal note:Authorization

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

Marginal note:Obligation to report

• The following provision is not in force.

  58 (1) A person must report a wreck whose owner is unknown or cannot be located to a receiver of wreck, in the form and manner specified by the receiver of wreck,

  • The following provision is not in force.

    (a) as soon as feasible after taking possession of it under paragraph (3)(a);

  • The following provision is not in force.

    (b) before taking possession of it, other than under paragraph (3)(a), if the wreck was found in Canada; or

  • The following provision is not in force.

    (c) as soon as feasible, if the person brings the wreck into Canada.

• The following provision is not in force.

  Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a wreck that is a thing that could not reasonably be expected to be identified as having been part of or on a vessel or aircraft.

• The following provision is not in force.

  Marginal note:Finding wreck

  (3) It is prohibited for a person that finds a wreck in Canada whose owner is unknown or cannot be located to take possession of it unless

  • The following provision is not in force.

    (a) the wreck is in danger and the possession is necessary to secure or otherwise protect it; or

  • The following provision is not in force.

    (b) that person has been authorized to do so by the receiver of wreck under paragraph (4)(a).

• The following provision is not in force.

  Marginal note:Powers of receiver of wreck

  (4) On receipt of a report referred to in subsection (1), a receiver of wreck may

  • The following provision is not in force.

    (a) authorize the person that made the report to take possession of the wreck;

  • The following provision is not in force.

    (b) direct the person that made the report to

    • (i) provide any additional information that the receiver specifies,

    • (ii) take the measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver specifies, including delivering it to the receiver or keeping it in their possession, in accordance with his or her instructions, and

    • (iii) take the measures that the receiver specifies to determine the owner of the wreck, including giving notice that the wreck was reported, in the form and manner that the receiver considers appropriate; and

  • The following provision is not in force.

    (c) take, or authorize any other person to take, the measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver considers appropriate.

Marginal note:Salvage award

• The following provision is not in force.

  59 (1) The following persons are entitled to a salvage award to be determined by the receiver of wreck:

  • The following provision is not in force.

    (a) a person that took possession of a wreck and that was authorized to do so under paragraph 58(4)(a); and

  • The following provision is not in force.

    (b) a person that reported a wreck under paragraph 58(1)(a) or (c).

• The following provision is not in force.

  Marginal note:Nature of award

  (2) The salvage award may consist of the wreck, part of the wreck or all or part of the proceeds of its disposition.

• The following provision is not in force.

  Marginal note:Reimbursement of costs and expenses

  (3) A person that has complied with a direction given to them under subparagraph 58(4)(b)(iii) or that has taken a measure under paragraph 58(4)(c) is entitled to the reimbursement of any costs and expenses incurred by them in doing so from the person that pays them under paragraph 61(d) or, if no payment is made under that paragraph, from the receiver of wreck.

Marginal note:Prohibition — selling, dismantling, etc.

• The following provision is not in force.

  60 (1) Except as authorized under this Part, it is prohibited for a person to sell, dismantle, destroy or otherwise dispose of a wreck that was required to be reported under subsection 58(1).

• The following provision is not in force.

  Marginal note:Prohibition — concealing or disguising

  (2) It is prohibited for a person to conceal a wreck, or use any means to disguise or conceal the fact that anything is a wreck, if the person knows that it has not been reported to a receiver of wreck under subsection 58(1).

Marginal note:Claim to wreck

61 A receiver of wreck must release a wreck or pay the proceeds of its disposition under subsection 63(1) to a person that claims ownership of the wreck and that

• The following provision is not in force.

  (a) submits, in the form and manner specified by the Minister, a claim to the receiver within 30 days after the day on which notice was given under paragraph 63(1)(a);

• The following provision is not in force.

  (b) establishes their claim to the satisfaction of the receiver;

• The following provision is not in force.

  (c) pays to the receiver the receiver’s costs and expenses and the prescribed fees;

• The following provision is not in force.

  (d) pays to the person entitled to a reimbursement under subsection 59(3) the costs and expenses referred to in that subsection; and

• The following provision is not in force.

  (e) pays to the person entitled to the salvage award under subsection 59(1) the salvage award determined by the receiver.

Marginal note:Interpleader in case of wreck

• The following provision is not in force.

  62 (1) If two or more persons claim a wreck or proceeds of the disposition of a wreck, or if a person disputes the amount or value of the salvage award determined by the receiver of wreck, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.

• The following provision is not in force.

  Marginal note:Maximum award

  (2) A salvage award that a court makes under subsection (1) must not exceed the value of the wreck.

Marginal note:When wrecks may be disposed of

• The following provision is not in force.

  63 (1) A receiver of wreck may sell, dismantle, destroy or otherwise dispose of a wreck that was the subject of a report referred to in subsection 58(1), or authorize its disposition, only if

  • The following provision is not in force.

    (a) 30 days have elapsed after the day on which notice was given that the wreck was reported; or

  • The following provision is not in force.

    (b) in the opinion of the receiver, the wreck is likely to deteriorate rapidly.

• The following provision is not in force.

  Marginal note:Proceeds held by receiver of wreck

  (2) The proceeds, if any, of a disposition under subsection (1) must be held by the receiver of wreck for not less than 30 days after the day on which the disposition occurred.

• The following provision is not in force.

  Marginal note:Payment to Receiver General

  (3) The proceeds of a disposition under subsection (1) must be paid, less the amounts described in paragraphs 61(c) to (e), to the Receiver General

  • The following provision is not in force.

    (a) if no claim has been submitted in accordance with paragraph 61(a); or

  • The following provision is not in force.

    (b) if a claim to the wreck has not been established within the period that the receiver of wreck considers appropriate.

Marginal note:Consent not required

64 A person that has been awarded all or part of a wreck under section 59 or that obtains a wreck under section 63 is not required to obtain the consent of its owner to register it as a vessel or obtain a pleasure craft licence for it under the Canada Shipping Act, 2001.

Marginal note:Unpaid salvage award, fees, etc.

65 If a person has established a claim to a wreck, but has not paid the salvage award or the costs and expenses described in paragraphs 61(c) to (e) within 30 days after the day on which the receiver of wreck notified the person that the amounts were due, the receiver may sell, dismantle, destroy or otherwise dispose of all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the award and the costs and expenses described in paragraphs 61(c) to (e), and release whatever remains of the wreck and pay any amount that remains from the proceeds to that person.

Marginal note:Prosecutions or violations

66 In any proceeding related to a contravention of this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.

Marginal note:Minister of Fisheries and Oceans — authority to enter

• The following provision is not in force.

  67 (1) The Minister of Fisheries and Oceans may, in exercising the powers referred to in sections 21, 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, enter a place, including a vessel or wreck.

• The following provision is not in force.

  Marginal note:Powers on entry

  (2) The Minister of Fisheries and Oceans may, in exercising those powers or for that purpose,

  • The following provision is not in force.

    (a) examine the place and anything in the place;

  • The following provision is not in force.

    (b) use any means of communication or cause it to be used;

  • The following provision is not in force.

    (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it;

  • The following provision is not in force.

    (d) prepare or cause to be prepared any record, in the form of a printout or other intelligible output, from the data;

  • The following provision is not in force.

    (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document;

  • The following provision is not in force.

    (f) use any copying equipment or cause it to be used;

  • The following provision is not in force.

    (g) conduct tests or analyses;

  • The following provision is not in force.

    (h) take measurements or samples;

  • The following provision is not in force.

    (i) take photographs or make recordings or sketches;

  • The following provision is not in force.

    (j) remove anything for the purposes of examination, testing or copying;

  • The following provision is not in force.

    (k) direct any person to put anything into operation or to cease operating it;

  • The following provision is not in force.

    (l) prohibit or limit access to all or part of the place or to anything in the place; and

  • The following provision is not in force.

    (m) direct any person to establish their identity to his or her satisfaction.

• The following provision is not in force.

  Marginal note:Minister of Fisheries and Oceans — other powers

  (3) The Minister of Fisheries and Oceans, in exercising the powers referred to in sections 21, 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, may

  • The following provision is not in force.

    (a) direct any person to provide any information; and

  • The following provision is not in force.

    (b) direct the vessel, if it is about to enter or is within Canadian waters or in the exclusive economic zone of Canada,

    • (i) to stop,

    • (ii) to provide any information,

    • (iii) to proceed through those waters or to the place that he or she may specify within those waters, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,

    • (iv) to proceed out of those waters, by the route and in the manner that he or she may specify, or

    • (v) to remain outside those waters.

• The following provision is not in force.

  Marginal note:Emergency zone

  (4) The Minister of Fisheries and Oceans may, if he or she has reasonable grounds to believe that a vessel or wreck poses a hazard that is grave and imminent, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and

  • The following provision is not in force.

    (a) direct any vessel within that emergency zone to report its position to him or her;

  • The following provision is not in force.

    (b) direct any person or vessel to leave or not to enter the emergency zone or any vessel not to leave the emergency zone; and

  • The following provision is not in force.

    (c) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.

• The following provision is not in force.

  Marginal note:Exclusive economic zone

  (5) Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.

Marginal note:Disposition of samples

• The following provision is not in force.

  68 (1) The Minister of Fisheries and Oceans may dispose of a sample taken under paragraph 67(2)(h) in any manner that he or she considers appropriate or may submit it for analysis or examination to any person that he or she considers appropriate.

• The following provision is not in force.

  Marginal note:Certificate or report

  (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination.

Marginal note:Return of anything removed

• The following provision is not in force.

  69 (1) Anything removed under paragraph 67(2)(j) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless

  • The following provision is not in force.

    (a) the thing, in the opinion of the Minister of Fisheries and Oceans, is no longer useful; or

  • The following provision is not in force.

    (b) the owner is unknown or cannot be located.

• The following provision is not in force.

  Marginal note:Thing not returned

  (2) The Minister of Fisheries and Oceans may dispose of anything that is not returned under subsection (1), in the manner that he or she considers appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.

Marginal note:Interference

70 Unless authorized by the Minister of Fisheries and Oceans, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 67(2)(h) or anything removed under paragraph 67(2)(j).

Marginal note:Designation by Minister

71 The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of this Act — other than subsection 19(1), section 20, subsection 21(1), paragraph 36(c), subsection 37(1), paragraphs 67(2)(e), (k) and (m), subsections 67(3) and (4) and section 70 — and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.

Marginal note:Designation by Minister of Fisheries and Oceans

72 The Minister of Fisheries and Oceans may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of subsection 19(1), section 20, subsection 21(1), paragraph 36(c), subsection 37(1), paragraphs 37(3)(c), 67(2)(e), (k) and (m), subsections 67(3) and (4) and sections 70, 87 and 88 and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.

Marginal note:Certificate of designation

73 The Minister or the Minister of Fisheries and Oceans, as the case may be, must provide every enforcement officer with a certificate of their designation and, if the officer’s powers are limited under section 71 or 72, the certificate must specify the powers that the officer may exercise.

Marginal note:Authority to enter

• The following provision is not in force.

  74 (1) An enforcement officer may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a vessel or wreck, in which the enforcement officer has reasonable grounds to believe that

  • The following provision is not in force.

    (a) there is anything to which this Act applies;

  • The following provision is not in force.

    (b) there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or

  • The following provision is not in force.

    (c) there is any book, record, electronic data or other document relating to the application of this Act.

• The following provision is not in force.

  Marginal note:Powers on entry

  (2) The enforcement officer may, for that purpose,

  • The following provision is not in force.

    (a) examine the place and anything in the place;

  • The following provision is not in force.

    (b) use any means of communication or cause it to be used;

  • The following provision is not in force.

    (c) use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it;

  • The following provision is not in force.

    (d) prepare or cause to be prepared any record, in the form of a printout or other intelligible output, from the data;

  • The following provision is not in force.

    (e) direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document;

  • The following provision is not in force.

    (f) use any copying equipment or cause it to be used;

  • The following provision is not in force.

    (g) conduct tests or analyses;

  • The following provision is not in force.

    (h) take measurements or samples;

  • The following provision is not in force.

    (i) take photographs or make recordings or sketches;

  • The following provision is not in force.

    (j) remove anything for the purposes of examination, testing or copying;

  • The following provision is not in force.

    (k) direct any person to put anything into operation or to cease operating it;

  • The following provision is not in force.

    (l) prohibit or limit access to all or part of the place or to anything in the place; and

  • The following provision is not in force.

    (m) direct any person to establish their identity to the enforcement officer’s satisfaction.

• The following provision is not in force.

  Marginal note:Powers — direction to provide information

  (3) An enforcement officer may, for a purpose related to verifying compliance or preventing non-compliance with this Act,

  • The following provision is not in force.

    (a) direct any person to provide any information; and

  • The following provision is not in force.

    (b) direct a vessel, if it is about to enter or is within Canadian waters or in the exclusive economic zone of Canada, to provide any information.

• The following provision is not in force.

  Marginal note:Powers — direction to vessel

  (4) If an enforcement officer has reasonable grounds to believe that an offence under this Act has been committed, they may direct a vessel that is about to enter or is within Canadian waters or in the exclusive economic zone of Canada

  • The following provision is not in force.

    (a) to stop;

  • The following provision is not in force.

    (b) to proceed through those waters or to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify;

  • The following provision is not in force.

    (c) to proceed out of those waters, by the route and in the manner that they may specify; or

  • The following provision is not in force.

    (d) to remain outside those waters.

• The following provision is not in force.

  Marginal note:Exclusive economic zone

  (5) Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.

Marginal note:Entering living quarters

• The following provision is not in force.

  75 (1) An enforcement officer must not enter living quarters under subsection 74(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless they have reasonable grounds to believe that the living quarters are not being lived in or are located on an abandoned vessel.

• The following provision is not in force.

  Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer 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

  • The following provision is not in force.

    (a) the living quarters are a place referred to in subsection 74(1);

  • The following provision is not in force.

    (b) entry to the living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and

  • The following provision is not in force.

    (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• The following provision is not in force.

  Marginal note:Use of force

  (3) In executing a warrant to enter living quarters, an enforcement officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

• The following provision is not in force.

  Marginal note:Telewarrant

  (4) If an enforcement officer believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

Marginal note:Disposition of samples

• The following provision is not in force.

  76 (1) An enforcement officer who takes a sample under paragraph 74(2)(h) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate.

• The following provision is not in force.

  Marginal note:Certificate or report

  (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination.

• The following provision is not in force.

  Marginal note:Certificate or report admissible in evidence

  (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

• The following provision is not in force.

  Marginal note:Attendance of person

  (4) The party against whom the certificate or report is produced may, with leave of the court or of the Transportation Appeal Tribunal, require for the purposes of cross-examination the attendance of the person that issued it.

• The following provision is not in force.

  Marginal note:Notice

  (5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

Marginal note:Return of anything removed

• The following provision is not in force.

  77 (1) Anything removed under paragraph 74(2)(j) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless

  • The following provision is not in force.

    (a) the thing, in the enforcement officer’s opinion, is no longer useful; or

  • The following provision is not in force.

    (b) the owner is unknown or cannot be located.

• The following provision is not in force.

  Marginal note:Thing not returned

  (2) An enforcement officer may dispose of anything that is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.

Marginal note:Interference

78 Unless authorized by an enforcement officer, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 74(2)(h) or anything removed under paragraph 74(2)(j).

Marginal note:Seizure

79 For the purpose referred to in subsection 74(1), an enforcement officer may seize and detain anything

• The following provision is not in force.

  (a) by means of which or in relation to which they have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or

• The following provision is not in force.

  (b) that they have reasonable grounds to believe will afford evidence in respect of a contravention of any provision of this Act or of the regulations.

Marginal note:Custody of things seized

80 If an enforcement officer seizes a thing, the enforcement officer, or any person that they may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

Marginal note:Liability for costs and expenses

81 If there is more than one owner of a thing seized or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act.

Marginal note:Detention order

• The following provision is not in force.

  82 (1) An enforcement officer may order the detention of a vessel, including one that has become a wreck, if they have reasonable grounds to believe that an offence under this Act has been committed by or in respect of the vessel.

• The following provision is not in force.

  Marginal note:Order in writing

  (2) A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel.

• The following provision is not in force.

  Marginal note:Service of detention order notice

  (3) Subject to subsection (4), notice of a detention order must be served on the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel

  • The following provision is not in force.

    (a) by delivering a copy of the notice to the authorized representative or a person in charge, as the case may be; or

  • The following provision is not in force.

    (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting a copy of the notice on any conspicuous part of the vessel.

• The following provision is not in force.

  Marginal note:Public notice of detention order

  (4) If service cannot reasonably be effected in the manner provided in paragraph (3)(a) or (b), public notice of the detention order is to be given.

• The following provision is not in force.

  Marginal note:Contents of notice

  (5) The notice must indicate

  • The following provision is not in force.

    (a) any measures to be taken for the detention order to be rescinded; and

  • The following provision is not in force.

    (b) the amount and form of any security that is to be deposited with the Minister.

• The following provision is not in force.

  Marginal note:Notification of foreign state

  (6) If the vessel that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made.

• The following provision is not in force.

  Marginal note:Movement of vessel prohibited

  (7) Subject to subsection 84(1), it is prohibited for a person to move a vessel that is subject to a detention order.

• The following provision is not in force.

  Marginal note:Granting clearance prohibited

  (8) It is prohibited for a person to whom a detention order is addressed, after they have received notice of the order, to grant clearance to the vessel that is subject to the order unless they have been notified that the order has been rescinded.

• The following provision is not in force.

  Marginal note:Rescission of orders

  (9) An enforcement officer may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an enforcement officer must rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister.

• The following provision is not in force.

  Marginal note:Notice of rescission

  (10) An enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)(a) of the rescission.

• The following provision is not in force.

  Marginal note:Liability for costs and expenses

  (11) The authorized representative of a vessel that is subject to a detention order or, in the absence of an authorized representative, the owner of that vessel is liable for all costs and expenses incurred in respect of the detention.

• The following provision is not in force.

  Marginal note:Return of security

  (12) If, in the Minister’s opinion, the matter has been resolved, he or she

  • The following provision is not in force.

    (a) may apply the security to reimburse or pay Her Majesty in right of Canada, either fully or partially, if any of the costs and expenses resulting from the detention of the vessel or any fine or penalty imposed under this Act has not been paid; and

  • The following provision is not in force.

    (b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid.

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

• The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (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.

• The following provision is not in force.

  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.

Marginal note:Accompanying persons

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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).

• The following provision is not in force.

  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).

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

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.

Marginal note:Definition of Minister

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

• The following provision is not in force.

  (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

• The following provision is not in force.

  (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.

Marginal note:Violation — persons

• The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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);

  • The following provision is not in force.

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

• The following provision is not in force.

  Marginal note:Violation — vessels

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  Marginal note:Purpose of penalty

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

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

Marginal note:Deemed violation

• The following provision is not in force.

  92 (1) A person or vessel that enters into an assurance of compliance under paragraph 91(1)(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.

• The following provision is not in force.

  Marginal note:Request for review

  (2) A person or vessel that enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 94(1), file a request with the Transportation Appeal Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 97(1)(b) of the facts of the violation and of the amount of the penalty is deemed to have been requested.

Marginal note:When assurance of compliance complied with

93 If the Minister is satisfied that a person or vessel that has entered into an assurance of compliance under paragraph 91(1)(a) has complied with it, he or she must cause a notice to that effect to be served on the person or vessel and, on the service of the notice,

• The following provision is not in force.

  (a) no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and

• The following provision is not in force.

  (b) any security deposited under subparagraph 91(1)(a)(ii) must be returned to the person or vessel.

Marginal note:When assurance of compliance not complied with

• The following provision is not in force.

  94 (1) If the Minister is of the opinion that a person or vessel that has entered into an assurance of compliance under paragraph 91(1)(a) has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless a member determines under section 95, or an appeal panel decides under section 98, that the assurance has been complied with,

  • The following provision is not in force.

    (a) the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or

  • The following provision is not in force.

    (b) the security deposited under subparagraph 91(1)(a)(ii) is forfeited to Her Majesty in right of Canada.

• The following provision is not in force.

  Marginal note:Contents of notice

  (2) The notice must include the address at which, and the date, being 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the particulars concerning the procedure for requesting a review.

• The following provision is not in force.

  Marginal note:No set-off

  (3) On the service of a notice of default, the person or vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance.

Marginal note:Manner of service

• The following provision is not in force.

  94.1 (1) A notice referred to in any of sections 91, 93, 94 and 108 is to be served

  • The following provision is not in force.

    (a) in the case of an individual,

    • (i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or

    • (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence;

  • The following provision is not in force.

    (b) in the case of a person other than an individual,

    • (i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or

    • (ii) by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business;

  • The following provision is not in force.

    (c) in the case of a vessel,

    • (i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the vessel,

    • (ii) by posting a copy of it on any conspicuous part of the vessel,

    • (iii) by leaving a copy of it with the owner or operator of the vessel, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or

    • (iv) by sending a copy of it by registered mail, courier or fax or other electronic means to the vessel or to a person referred to in subparagraph (i) or (iii) or to their head office or place of business.

• The following provision is not in force.

  Marginal note:Proof of service

  (2) Service may be proved by

  • The following provision is not in force.

    (a) an acknowledgement of service signed by or on behalf of the person or vessel served, specifying the date and location of service;

  • The following provision is not in force.

    (b) a certificate of service, signed by the person who effected the service, indicating the name of the person or vessel served and the means by which and day on which service was effected; or

  • The following provision is not in force.

    (c) a record of electronic transmission setting out the date and time of transmission.

• The following provision is not in force.

  Marginal note:Date service effective

  (3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

  • The following provision is not in force.

    (a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; or

  • The following provision is not in force.

    (b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.

Marginal note:Request for review

• The following provision is not in force.

  95 (1) A person or vessel served with a notice under subsection 94(1) may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under that subsection with the Tribunal.

• The following provision is not in force.

  Marginal note:Time and place for review

  (2) On receipt of the request, the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.

• The following provision is not in force.

  Marginal note:Review procedure

  (3) The member of the Transportation Appeal Tribunal who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• The following provision is not in force.

  Marginal note:Burden of proof

  (4) The burden is on the Minister to establish that the person or vessel did not comply with the assurance of compliance referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.

• The following provision is not in force.

  Marginal note:Certain defences not available

  (5) Despite subsections 90(9) and (10), a person or vessel does not have a defence by reason that the person or vessel exercised due diligence to comply with the assurance of compliance.

• The following provision is not in force.

  Marginal note:Determination by member

  (6) At the conclusion of the review, the member who conducts the review may confirm the Minister’s decision or determine that the person or vessel has complied with the assurance of compliance and must without delay inform the parties of his or her decision.

Marginal note:Return of security

96 Any security deposited under subparagraph 91(1)(a)(ii) must be returned to the person or vessel if

• The following provision is not in force.

  (a) a notice is served under subsection 94(1) and the person or vessel pays double the amount of the penalty set out in the assurance of compliance; or

• The following provision is not in force.

  (b) a member determines under subsection 95(6), or an appeal panel decides under subsection 98(3), that the assurance has been complied with.

Marginal note:Notice of violation — options

• The following provision is not in force.

  97 (1) A person or vessel served with a notice of violation under paragraph 91(1)(b) must

  • The following provision is not in force.

    (a) pay the amount of the penalty; or

  • The following provision is not in force.

    (b) within 30 days after the day on which the notice was served or any further time that the Transportation Appeal Tribunal on application allows, file with the Transportation Appeal Tribunal a written request for a review of the facts of the violation or the amount of the penalty.

• The following provision is not in force.

  Marginal note:When review not requested

  (2) If a review is not requested within the period referred to in paragraph (1)(b), or the amount of the penalty is paid, the person or vessel is considered to have committed the violation in respect of which the notice was served and proceedings in respect of the violation are ended.

• The following provision is not in force.

  Marginal note:Time and place for review

  (3) On receipt of a request filed under paragraph (1)(b), the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.

• The following provision is not in force.

  Marginal note:Review procedure

  (4) The member of the Transportation Appeal Tribunal assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• The following provision is not in force.

  Marginal note:Burden of proof

  (5) The burden is on the Minister to establish that the person or vessel committed the violation referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.

• The following provision is not in force.

  Marginal note:Determination by member

  (6) At the conclusion of the review, the member who conducts the review must, without delay and in writing, inform the Minister and the person or vessel that is alleged to have committed a violation

  • The following provision is not in force.

    (a) that the person or vessel has not committed a violation, in which case, subject to section 98, no further proceedings under this Act are to be taken against the person or vessel in respect of the alleged violation; or

  • The following provision is not in force.

    (b) that the person or vessel has committed a violation and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), of the amount determined by the member to be payable to the Transportation Appeal Tribunal by or on behalf of the person or vessel and the period within which it must be paid.

Marginal note:Right of appeal

• The following provision is not in force.

  98 (1) The Minister or the person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection 95(6) or 97(6), appeal the determination to the Transportation Appeal Tribunal.

• The following provision is not in force.

  Marginal note:Loss of right of appeal

  (2) A party that does not appear at the review hearing is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.

• The following provision is not in force.

  Marginal note:Disposition of appeal

  (3) At the conclusion of the review, the appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may

  • The following provision is not in force.

    (a) in the case of a determination made under subsection 95(6), dismiss the appeal or allow the appeal and substitute its own decision; or

  • The following provision is not in force.

    (b) in the case of a determination made under subsection 97(6), dismiss the appeal, or allow the appeal and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), substitute its own decision.

  The appeal panel must inform the parties of its decision without delay and must specify the period within which any amount determined by the appeal panel to be payable to the Transportation Appeal Tribunal must be paid.

Marginal note:Debts due to Her Majesty

• The following provision is not in force.

  99 (1) The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction:

  • The following provision is not in force.

    (a) the amount of a penalty set out in a notice of violation referred to in paragraph 91(1)(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under subsection 97(1);

  • The following provision is not in force.

    (b) the amount of a penalty set out in a notice of default referred to in subsection 94(1), from the time the notice is served, unless a review is requested under subsection 95(1);

  • The following provision is not in force.

    (c) the amount of a penalty determined by a member under section 97, or decided by an appeal panel under section 98, from the expiry of the period specified in the decision for the payment of that amount; and

  • The following provision is not in force.

    (d) the amount of any costs and expenses referred to in subsection (3).

• The following provision is not in force.

  Marginal note:Limitation or prescription period

  (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable.

• The following provision is not in force.

  Marginal note:Liability

  (3) A person or vessel that is liable to pay an amount referred to in paragraph (1)(a), (b) or (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount.

Marginal note:Certificate of default

• The following provision is not in force.

  100 (1) All or part of a debt referred to in subsection 99(1) in respect of which there is a default of payment may be certified by the Minister or the Transportation Appeal Tribunal, as the case may be.

• The following provision is not in force.

  Marginal note:Effect of registration

  (2) On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration.

Marginal note:Proof of violation by vessel

101 It is sufficient proof that a vessel has committed a violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the vessel, whether or not the person has been identified.

Marginal note:Party to violation committed by vessel

• The following provision is not in force.

  102 (1) If a vessel commits a violation under this Act and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the vessel has been proceeded against under sections 91 to 100.

• The following provision is not in force.

  Marginal note:Party to violation committed by corporation

  (2) If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 91 to 100.

Marginal note:Violation by employee or agent or mandatary

103 A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Marginal note:Direction to vessel

104 For the purposes of a proceeding against a vessel for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the vessel if

• The following provision is not in force.

  (a) the direction is given to the authorized representative or a person in charge of the vessel; or

• The following provision is not in force.

  (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Limitation or prescription period

105 No notice of violation may be issued more than two years after the day on which an enforcement officer becomes aware of the violation.

Marginal note:Certificate

106 A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the violation on that day.

Marginal note:Disclosure of notices of violation and default

107 The Minister must keep a public record of notices of violation or default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or vessel that committed it and the amount of the penalty.

Marginal note:Notations removed

• The following provision is not in force.

  108 (1) Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which the person or vessel has paid every penalty that the person or vessel is liable to pay under this Act, the Minister must remove a notice of violation or default from the public record of notices of violation or default.

• The following provision is not in force.

  Marginal note:Duty to notify

  (2) If the Minister is of the opinion that removal of a notation is not in the public interest, he or she must give notice of that fact to the person or vessel in writing, and provide the grounds for that opinion.

• The following provision is not in force.

  Marginal note:Contents of notice

  (3) The notice must include the address at which, and the date, being 30 days after the day on which the notice is served, on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review.

• The following provision is not in force.

  Marginal note:Request for review

  (4) The person or vessel may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under subsection (2) with the Tribunal.

• The following provision is not in force.

  Marginal note:Time and place for review

  (5) On receipt of the request, the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.

• The following provision is not in force.

  Marginal note:Review procedure

  (6) The member of the Transportation Appeal Tribunal who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.

• The following provision is not in force.

  Marginal note:Determination by member

  (7) The member who conducts the review may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.

• The following provision is not in force.

  Marginal note:Right of appeal

  (8) The person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Transportation Appeal Tribunal.

• The following provision is not in force.

  Marginal note:Loss of right of appeal

  (9) If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.

• The following provision is not in force.

  Marginal note:Disposition of appeal

  (10) The appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may dismiss it or refer the matter back to the Minister for reconsideration.

Marginal note:Governor in Council

109 For the purposes of sections 90 to 108, the Governor in Council may, on the recommendation of the Minister, make regulations

• The following provision is not in force.

  (a) designating as a violation — in addition to a violation that is already set out in subsection 90(1) or (2) — the contravention of

  • (i) any specified provision of this Act or of the regulations, or

  • (ii) any direction given under any specified provision of this Act or of the regulations;

• The following provision is not in force.

  (b) establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 90(4) or (5), as the case may be;

• The following provision is not in force.

  (c) if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account;

• The following provision is not in force.

  (d) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and

• The following provision is not in force.

  (e) respecting persons who can request a review on behalf of a vessel in relation to an alleged violation by the vessel.

Marginal note:Offence — persons

• The following provision is not in force.

  110 (1) Every person that contravenes any of the following commits an offence:

  • The following provision is not in force.

    (a) subsection 24(2) or 26(2);

  • The following provision is not in force.

    (b) subsection 19(1), section 20, 31 or 33, subsection 58(1) or (3), section 60 or subsection 82(7) or (8);

  • The following provision is not in force.

    (c) subsection 30(1), 32(1) or 34(1) or section 70, 78, 83, 87 or 88;

  • The following provision is not in force.

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

  • The following provision is not in force.

    (e) a direction given under subsection 21(1), paragraph 30(3)(c) or 36(c), subsection 37(1) or (2) or paragraph 67(4)(b);

  • The following provision is not in force.

    (f) a provision of the regulations.

• The following provision is not in force.

  Marginal note:Offence — vessels

  (2) Every vessel that contravenes any of the following commits an offence:

  • The following provision is not in force.

    (a) paragraph 24(1)(a) or (b);

  • The following provision is not in force.

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

  • The following provision is not in force.

    (c) a direction given under paragraph 30(3)(c) or 36(c) or subsection 67(4);

  • The following provision is not in force.

    (d) a provision of the regulations.

• The following provision is not in force.

  Marginal note:Punishment — certificates

  (3) Every person or vessel that commits an offence under paragraph (1)(a) or (2)(a) is liable on summary conviction to a fine of not more than $100,000.

• The following provision is not in force.

  Marginal note:Punishment — individuals

  (4) Every individual who commits an offence under paragraph (1)(c) or (e) is liable

  • The following provision is not in force.

    (a) on conviction on indictment to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; or

  • The following provision is not in force.

    (b) on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

• The following provision is not in force.

  Marginal note:Punishment — individuals

  (5) Every individual who commits an offence under any of paragraphs (1)(b), (d) and (f) is liable on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.

• The following provision is not in force.

  Marginal note:Punishment — other persons and vessels

  (6) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(c) and (e) and (2)(c) is liable

  • The following provision is not in force.

    (a) on conviction on indictment to a fine of not less than $500,000 and not more than $6,000,000; or

  • The following provision is not in force.

    (b) on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.

• The following provision is not in force.

  Marginal note:Punishment — other persons and vessels

  (7) Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)(b), (d) and (f) and (2)(b) and (d) is liable on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.

Marginal note:Relief from minimum fine

111 The court may impose a fine that is less than the minimum amount provided for in subsections 110(4) to (7) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship or would be grossly disproportionate to the nature and gravity of the offence. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections.

Marginal note:Continuing offences

112 If an offence under section 110 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Marginal note:Court order

113 If a person is found guilty of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order

• The following provision is not in force.

  (a) prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

• The following provision is not in force.

  (b) directing the person to take any action the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence;

• The following provision is not in force.

  (c) directing the person to pay the Minister or the Minister of Fisheries and Oceans an amount of money as compensation, in whole or in part, for the costs and expenses of any remedial or preventive action taken by or caused to be taken on behalf of the Minister or the Minister of Fisheries and Oceans as a result of the commission of the offence; and

• The following provision is not in force.

  (d) prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.

Marginal note:Service

• The following provision is not in force.

  114 (1) If a vessel is charged with an offence under subsection 110(2), the summons must be served

  • The following provision is not in force.

    (a) by delivering it to the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel; or

  • The following provision is not in force.

    (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the vessel.

• The following provision is not in force.

  Marginal note:Appearance at trial

  (2) If a vessel is charged with an offence under subsection 110(2), the vessel may appear by counsel or representative before the court. Despite the Criminal Code, if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.

Marginal note:Proof of offence by vessel

115 In a prosecution of a vessel for an offence under subsection 110(2), it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the vessel, whether or not the person has been identified.

Marginal note:Party to offence committed by vessel

• The following provision is not in force.

  116 (1) If a vessel commits an offence under subsection 110(2) and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the vessel has been prosecuted or convicted.

• The following provision is not in force.

  Marginal note:Party to offence committed by corporation

  (2) If a corporation commits an offence under this Act, any director, officer or agent or mandatary of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.

Marginal note:Offence by employee or agent or mandatary

117 A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act.

Marginal note:Direction to vessel

118 For the purposes of prosecuting a vessel for contravening a direction given under this Act, a direction is deemed to have been given to the vessel if

• The following provision is not in force.

  (a) the direction is given to the authorized representative or a person in charge of the vessel; or

• The following provision is not in force.

  (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Due diligence defence — persons

• The following provision is not in force.

  119 (1) A person must not be found guilty of an offence under this Act, other than in relation to a contravention of subsection 34(1) or 60(2) or section 70, 78, 83 or 88, if they establish that they exercised due diligence to prevent its commission.

• The following provision is not in force.

  Marginal note:Due diligence defence — vessels

  (2) A vessel must not be found guilty of an offence under this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.

Marginal note:Limitation or prescription period

• The following provision is not in force.

  120 (1) Proceedings by way of summary conviction under this Act may be commenced no later than two years after the day on which an enforcement officer becomes aware of the subject matter of the proceedings.

• The following provision is not in force.

  Marginal note:Certificate

  (2) A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the subject matter on that day.

• The following provision is not in force.

  Marginal note:Defendant outside Canada

  (3) If the proceedings cannot be commenced because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.

Marginal note:Forfeiture

• The following provision is not in force.

  121 (1) If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.

• The following provision is not in force.

  Marginal note:Return where no forfeiture ordered

  (2) If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner.

• The following provision is not in force.

  Marginal note:Protection of persons claiming interest

  (3) The provisions of sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any thing forfeited under subsection (1) as though it were a thing forfeited under subsection 72(1) of that Act.

Marginal note:Retention or disposition

122 If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.

Marginal note:Jurisdiction in relation to offences

123 If a person or a vessel is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or vessel within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.

Marginal note:Reasonable grounds

• The following provision is not in force.

  124 (1) An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a provision of this Act or the regulations may notify the minister responsible for administering that provision of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.

• The following provision is not in force.

  Marginal note:Confidentiality

  (2) The identity of an individual to whom the Minister or the Minister of Fisheries and Oceans has provided an assurance of confidentiality may be disclosed by the Minister or the Minister of Fisheries and Oceans only in accordance with the Privacy Act.

Marginal note:Injunction

• The following provision is not in force.

  125 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to

  • The following provision is not in force.

    (a) refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or

  • The following provision is not in force.

    (b) do an act that it appears to the court may prevent the commission of an offence under this Act.

• The following provision is not in force.

  Marginal note:Notice

  (2) No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.

Marginal note:Statutory Instruments Act

126 A direction or detention order under this Act is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Immunity — personal liability

• The following provision is not in force.

  127 (1) The following persons are not personally liable for anything they do or omit to do under this Act unless it is established that they acted in bad faith:

  • The following provision is not in force.

    (a) a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act;

  • The following provision is not in force.

    (b) a receiver of wreck and a person authorized or within a class of persons authorized under subsection 57(2); and

  • The following provision is not in force.

    (c) an enforcement officer.

• The following provision is not in force.

  Marginal note:Crown not relieved

  (2) Paragraphs (1)(a) and (b) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject, except if a receiver of wreck, or a person authorized or within a class of persons authorized under subsection 57(2), disposes of or releases a wreck or pays the proceeds of its disposition in accordance with Part 4.

Marginal note:Immunity — civil or criminal liability

• The following provision is not in force.

  128 (1) A person, other than an owner that contravened subsection 30(1) and an owner of a vessel that was the subject of measures under section 35 or 36 or subsection 37(3) or (4), that provides assistance or advice to the Minister, the Minister of Fisheries and Oceans or an enforcement officer in taking or refraining from taking measures under this Act, or that is directed to take or refrain from taking measures under paragraph 30(3)(c), 36(c) or 37(3)(c) or subsection 37(4), in respect of any act or omission in the course of providing assistance or advice or taking or refraining from taking any measures, does not incur

  • The following provision is not in force.

    (a) civil liability, unless it is established that the person acted in bad faith; or

  • The following provision is not in force.

    (b) criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances.

• The following provision is not in force.

  Marginal note:Immunity — accompanying persons

  (2) Any person accompanying the Minister, an enforcement officer or the Minister of Fisheries and Oceans does not incur, in respect of that which is authorized by subsections 86(2) to (4),

  • The following provision is not in force.

    (a) civil liability, unless it is established that the person acted in bad faith; or

  • The following provision is not in force.

    (b) criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances.

Marginal note:Costs constituting debt

• The following provision is not in force.

  129 (1) The amount of the costs and expenses incurred by the Minister or the Minister of Fisheries and Oceans, in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and subsection 37(3) and (4) or in relation to the use of property under subsection 86(5), constitutes a debt due to Her Majesty in right of Canada that may be recovered

  • The following provision is not in force.

    (a) in the case of measures taken under subsection 21(2) or (3) or section 22, from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck;

  • The following provision is not in force.

    (b) in the case of measures taken under any of paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and subsections 37(3) and (4), from the person that was the owner of the vessel or wreck at the time the costs and expenses were incurred; or

  • The following provision is not in force.

    (c) in the case of property used under subsection 86(5),

    • (i) if a wreck is subject to Part 1, from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck, or

    • (ii) in all other cases, from the person that was the owner of the vessel or wreck at the time the costs and expenses were incurred.

• The following provision is not in force.

  Marginal note:Liability

  (2) If more than one person was the owner of the vessel referred to in subsection (1), the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.

• The following provision is not in force.

  Marginal note:Other remedies available

  (3) Nothing in this Act prevents a debt referred to in subsection (1) from being recovered from the debtor in any court of competent jurisdiction or the exercise against the debtor of any other right or remedy available at law.

Marginal note:Regulations — Minister

• The following provision is not in force.

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

  • The following provision is not in force.

    (a) designating any floating object to be a vessel for the purposes of the definition vessel in section 2;

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    (b) excluding any vessel or wreck from the application of all or part of this Act;

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    (c) extending the application of the Wreck Removal Convention to vessels or classes of vessels excluded from the application of that Convention and specifying the terms and conditions that are applicable to those vessels or classes of vessels under Article 4 of that Convention;

  • The following provision is not in force.

    (d) imposing a fee for the issuance of a certificate under section 25;

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    (e) respecting the exercise of the powers or the performance of the duties or functions of a person designated under subsection 25(2);

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    (f) respecting conditions under which certificates may be issued, refused or revoked for the purposes of subsections 25(3) to (5);

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    (g) providing, despite subsection 26(3) of the Marine Liability Act, that the limits of liability set out in that Act apply in respect of some or all vessels of less than 300 gross tonnage;

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    (h) respecting insurance or other financial security requirements relating to the locating, marking and removal of wrecks applicable

    • (i) to vessels of less than 300 gross tonnage, and

    • (ii) to towed vessels that are not registered;

  • The following provision is not in force.

    (i) excluding from the application of some or all of Part 2 any geographic area in which measures may be taken, under an Act of Parliament other than this Act or an Act of the legislature of a province, to prevent, mitigate or eliminate a hazard;

  • The following provision is not in force.

    (j) specifying harmful consequences, including with respect to a geographic area described in paragraph (i), that are excluded from the definition hazard in section 27;

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    (k) specifying the form and manner of the consent referred to in subsection 30(2);

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    (l) specifying circumstances in which an owner of a vessel is deemed to have abandoned it for the purposes of subsection 32(1);

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    (m) respecting requirements in relation to salvage operations;

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    (n) respecting requirements relating to the towing of vessels that are normally self-propelled and that are without their propelling power;

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    (o) respecting the setting and payment of fees for services provided in the administration of the provisions of this Act, other than section 131, or the regulations;

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    (p) exempting any geographical area from the application of Part 4;

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    (q) respecting the detention of vessels, including the review of detention orders;

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    (r) establishing conditions governing the sale or acquisition of vessels, including measures that must be taken before a vessel is sold or acquired;

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    (s) respecting requirements relating to the dismantlement or destruction of vessels in Canada and of those destined for dismantlement or destruction outside Canada;

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    (t) requiring that notice be given of anything that can or must be done under this Act;

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    (u) respecting directions made and notices given under this Act;

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    (v) respecting the service of documents, including the circumstances under which documents are deemed to be served;

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    (w) respecting record keeping, information management and reporting for the purposes of this Act;

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    (x) removing any reservation from Part 2 of Schedule 2 that Canada withdraws;

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    (y) prescribing anything that is to be prescribed under this Act; and

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    (z) generally for carrying out the purposes and provisions of this Act.

• The following provision is not in force.

  Marginal note:Debt due to Her Majesty

  (2) All fees set under paragraph (1)(o) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• The following provision is not in force.

  Marginal note:Payment of fees

  (3) If a fee is imposed under paragraph (1)(o)

  • The following provision is not in force.

    (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee;

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    (b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally, or solidarily, liable for payment of the fee; and

  • The following provision is not in force.

    (c) in respect of a vessel that is not a Canadian vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee.

• The following provision is not in force.

  Marginal note:Seizure and detention for charges

  (4) If the amount of a fee owed by an authorized representative of a Canadian vessel or by the owner of a vessel that is not a Canadian vessel has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing the Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.

• The following provision is not in force.

  Marginal note:Release on security

  (5) The Minister must release a seized vessel if security in a form satisfactory to him or her for the amount in respect of which the vessel was seized is deposited with the Minister.

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

• The following provision is not in force.

  131 (1) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations

  • The following provision is not in force.

    (a) respecting the salvage of wrecks or classes of wrecks specified by regulations made under paragraph (b);

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    (b) specifying wrecks or classes of wrecks that have heritage value, including ocean war graves;

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    (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;

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    (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;

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    (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;

  • The following provision is not in force.

    (f) exempting wrecks or classes of wrecks that have heritage value, including ocean war graves, from the application of any provision of Part 4;

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    (g) exempting any geographical area from the application of regulations made under paragraph (c) or (d);

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    (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;

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    (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);

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    (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

  • The following provision is not in force.

    (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).

• The following provision is not in force.

  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.

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).

133 [Amendments]

134 [Amendments]

135 [Amendments]

136 [Amendments]

137 [Amendments]

138 [Amendments]

140 [Amendments]

141 [Amendments]

142 [Amendments]

143 [Amendments]

144 [Amendments]

145 [Amendments]

146 [Amendments]

147 [Amendments]

148 [Amendments]

149 [Amendments]

150 [Amendments]

151 [Amendments]

152 [Amendments]

Marginal note:Review by committee

• The following provision is not in force.

  153 (1) As soon as possible after the fifth anniversary of the day on which section 4 comes into force, the provisions of this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

• The following provision is not in force.

  Marginal note:Report

  (2) The committee to which the provisions are referred is to review them and the operation of this Act and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.