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

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.

Compensation and Liability

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

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

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

• (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

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

  • (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);

  • (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

  • (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).

• 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).

• 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).

Miscellaneous

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

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

• (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

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

• 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.

PART 3Salvage

Interpretation

Marginal note:Definitions

• 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)

• 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.

Application

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.

Salvage Convention

Marginal note:Salvage Convention

• 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.

• 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.

Salvage by Crown Vessels

Marginal note:When salvage services may be claimed

• 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.

• Marginal note:Rights and limitations

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

  • (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

  • (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.

• 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.

• 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.

• 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.