Canada Prize Act (R.S.C. 1970, c. P-24)
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Act current to 2013-04-29
Marginal note:Consent of Attorney General
6. (1) No proceedings to enforce a claim for services rendered in retaking a ship, aircraft or goods taken by an enemy shall be instituted and no such claim shall be made or shall be relied upon in any proceedings by way of defence or otherwise without the consent of the Attorney General of Canada.
Marginal note:Evidence of consent
(2) Evidence of the consent required by this section may be given by means of a document purporting to give such consent and to be signed by the Attorney General of Canada.
- R.S., 1952, c. 28, s. 6.
PROCEDURE AND ORDERS OR REGULATIONS
Marginal note:Orders and regulations
7. The Governor in Council may, on the recommendation of the Minister of Justice, make orders or regulations
(a) regulating the practice and procedure in causes or matters falling within the prize jurisdiction of the Court or a judge thereof;
(b) fixing the scale of costs, charges and fees in such causes or matters and regulating the taxation thereof, where costs are awarded for or against a party in any such cause or matter;
(c) fixing the fees payable to the Court or its officers in respect of anything done or any proceeding taken in such causes or matters;
(d) prescribing the powers and duties of registrars and marshals or their deputies and the powers and duties of other officers of the Court; and
(e) for such other purposes governing the exercise of the prize jurisdiction of the Court or to give effect to the provisions of this Act or otherwise in relation to prize as he may deem advisable.
- R.S., 1952, c. 28, s. 7.
RECIPROCAL ARRANGEMENTS WITH OTHER GOVERNMENTS
Marginal note:Jurisdiction of Court in extra-territorial waters by consent
8. (1) Where Her Majesty in right of a government other than the Government of Canada or a co-belligerent of Her Majesty consents to the taking as prize under the authority of Her Majesty in right of Canada, of ships, aircraft or goods within the territory or territorial waters of Her Majesty in right of the said government, or of the said co-belligerent, or to the bringing within the said territory or territorial waters of ships, aircraft or goods so taken outside the said territory or territorial waters, the Court has and shall exercise jurisdiction in prize in respect of the said ships, aircraft or goods in a like manner and to the same extent as in the case of ships, aircraft or goods so taken on the high seas and brought within Canada or the territorial waters of Canada.
Marginal note:Where consent deemed to have been given
(2) Where Her Majesty in right of a government other than the Government of Canada or a co-belligerent of Her Majesty has given the consent referred to in subsection (1), any ship, aircraft or goods taken as prize under the authority of Her Majesty in right of Canada within or so taken and brought within the territory or territorial waters of Her Majesty in right of the said government or of the said co-belligerent, before the said consent was given, shall be deemed to be so taken or brought with the said consent unless it is expressly stated in the consent that it is to have effect only with respect to ships, aircraft or goods so taken or brought after the date of the consent.
Marginal note:Admissibility of evidence of prize court constituted under other authority
(3) Without limiting or restricting the authority of the Court otherwise to receive or to admit evidence, where Her Majesty in right of a government other than the Government of Canada or a co-belligerent of Her Majesty has given the consent referred to in subsection (1), the Court may receive evidence in respect of the taking as prize under the authority of Her Majesty in right of Canada, of any ship, aircraft or goods taken within, or so taken and brought within, the territory or territorial waters of Her Majesty in right of the said government or of the said co-belligerent, or in respect of any other matters of prize relating thereto, received and recorded by a prize court constituted by or under the authority of Her Majesty in right of the said government or of the said co-belligerent if the evidence would be received and admissible in the Court if given before it.
- R.S., 1952, c. 28, s. 8.
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