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

Marginal note:Immunity — personal liability

• 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:

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

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

  • (c) an enforcement officer.

• 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

• 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

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

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

• 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),

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

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

Marginal note:Costs constituting debt

• 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

  • (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;

  • (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

  • (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.

• 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.

• 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.

PART 7Regulations

Marginal note:Regulations — Minister

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

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

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

  • (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;

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

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

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

  • (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;

  • (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;

  • (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;

  • (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;

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

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

  • (m) respecting requirements in relation to salvage operations;

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

  • (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;

  • (o.1) respecting the fees, charges, costs and expenses — other than the fees referred to in paragraph (o) — to be paid in relation to the administration and enforcement of this Act;

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

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

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

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

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

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

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

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

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

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

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

• Marginal note:Debt due to His Majesty

  (2) All fees set under paragraph (1)(o) and all fees, charges, costs and expenses to be paid under paragraph (1)(o.1) constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Payment of fees, charges, costs or expenses

  (3) If a fee is imposed under paragraph (1)(o) or a fee, charge, cost or expense is to be paid under paragraph (1)(o.1)

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

  • (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, charge, cost or expense; and

  • (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, charge, cost or expense.

• 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.

• 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:Exemption by Minister

  (6) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any person or vessel, or class of persons or vessels, from the requirement to pay any fee, charge, cost or expense under regulations made under paragraph (1)(o.1) if, in the opinion of the Minister, it is in the public interest to do so. The Minister may also cancel such an exemption.

• Marginal note:Statutory Instruments Act

  (7) An exemption made under subsection (6) and any cancellation of such an exemption are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.

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

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

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

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

  • (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;

  • (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;

  • (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;

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

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

  • (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;

  • (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);

  • (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

  • (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).

• 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.