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

Short Title

Marginal note:Short title

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

Interpretation

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

• (a) is a registered owner of the vessel;

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

• (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)

Her Majesty

Marginal note:Binding on Her Majesty

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

Purpose

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.

Application

Marginal note:Exclusions

• 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.

• 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

  • (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

  • (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.

• 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.

Powers, Duties and Functions of Ministers

Marginal note:Agreements or arrangements

• 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 Indigenous 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.

• Marginal note:Guidelines

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

Marginal note:Delegation — Minister

• 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.

• 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

• 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.

• Marginal note:Consultation — matters

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

  • (a) any proposed salvage plans; and

  • (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

• 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.

• 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

  • (a) to the environment;

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

  • (c) to fisheries and aquaculture; or

  • (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

• 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

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

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

  • (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: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

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

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

  • (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).

Disclosure of Information

Marginal note:Disclosure by Minister or Minister of Fisheries and Oceans

• 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 Canadian Navigable Waters 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.

• 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

• 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.

• 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.

PART 1Removal of Wrecks

Interpretation

Marginal note:Definitions

• 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)

• 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.

• 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.

• 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.