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

AMENDMENTS NOT IN FORCE

• — 2023, c. 26, s. 430

  • 430 The Act is amended by adding the following after section 14:

    Vessel Remediation Fund

    • Fund established

      • 14.1 (1) There is established in the accounts of Canada an account to be known as the Vessel Remediation Fund.

      • Credits to Fund

        (2) There is to be paid into the Consolidated Revenue Fund and credited to the Vessel Remediation Fund

        • (a) any amounts forfeited to His Majesty in right of Canada under subsection 41(2);

        • (b) the amounts of the debts referred to in any of paragraphs 99(1)(a) to (d) and 129(1)(a) to (c) and recovered by His Majesty in right of Canada;

        • (c) all amounts paid under regulations made under paragraph 130(1)(o.1); and

        • (d) the amounts of all fines and penalties paid in respect of the commission of an offence or violation under this Act.

      • Charges to Fund

        (3) There may be paid out of the Consolidated Revenue Fund and charged to the Vessel Remediation Fund all amounts required by the Minister or the Minister of Fisheries and Oceans to

        • (a) take measures under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsections 37(3) and (4) and to pay compensation under section 44 or subsection 86(6);

        • (b) promote public awareness of the responsibilities associated with vessel ownership;

        • (c) fund research and development activities aimed at improving methods of recycling vessels and disposing of them in a manner that is environmentally responsible;

        • (d) fund research and development activities with respect to vessel and wreck remediation techniques;

        • (e) increase capacity at the local level, including in Indigenous groups and communities, to perform vessel risk assessments and to recycle, dismantle or otherwise dispose of vessels;

        • (f) fund voluntary vessel disposal activities in respect of dilapidated vessels, wrecks, abandoned vessels and vessels that pose, or may pose, a hazard, as well as in respect of vessels at risk of becoming dilapidated vessels, wrecks or abandoned, including for the purposes of repairing, securing, moving or removing the vessels, wrecks and their contents or selling, dismantling, destroying or otherwise disposing of them;

        • (g) pay for the financial and program administration costs incurred in relation to the purposes referred to in paragraphs (a) to (f) and (h), other than the salaries of employees, as defined in subsection 2(1) of the Public Service Employment Act; and

        • (h) pay for the costs incurred in relation to any other purpose that the Governor in Council may, by order, specify and that relates to dilapidated vessels, wrecks, abandoned vessels or vessels that pose a hazard.

      • Agreement

        (4) An amount paid out of the Consolidated Revenue Fund under subsection (3) must be in respect of a purpose that is set out in a plan for the use of the Vessel Remediation Fund that is agreed to by the Minister and the Minister of Fisheries and Oceans.

      • Limit on payments

        (5) No payment is to be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Vessel Remediation Fund.

      • Definitions

        (6) In subsection (3), the expressions dilapidated vessel, hazard and wreck have the meanings assigned by section 27.

• — 2023, c. 26, s. 431

  • 431 Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following:

    • Owner unknown or not located

      (2) If the owner referred to in subsection (1) is unknown or cannot be located, any amount that is to be paid to them under that subsection is forfeited to His Majesty in right of Canada.