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

Marginal note:Power related to dilapidated vessel

• 37 (1) The Minister of Fisheries and Oceans may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with that Minister’s directions if the vessel is

  • (a) in a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act; or

  • (b) on any property belonging to Her Majesty in right of Canada for which the Minister of Fisheries and Oceans is responsible.

• Marginal note:Power related to dilapidated vessel

  (2) The Minister may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with the Minister’s directions if the vessel is

  • (a) located in a public port or public port facility, as defined in subsection 2(1) of the Canada Marine Act; or

  • (b) on any property belonging to Her Majesty in right of Canada, other than a scheduled harbour or property referred to in subsection (1).

• Marginal note:Failure to comply with direction

  (3) If the measures referred to in subsection (1) or (2) are not taken in accordance with the directions given, the Minister who gave them

  • (a) may take the measures that he or she considers necessary, including repairing, securing, moving or removing the vessel or its contents or selling, dismantling, destroying or otherwise disposing of them;

  • (b) may monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and

  • (c) if he or she considers it necessary to do so, may direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

• Marginal note:Authorized representative or owner unknown or not located

  (4) If the authorized representative or, in the absence of an authorized representative, the owner, is unknown or cannot be located, the Minister of Fisheries and Oceans or the Minister, as the case may be, may take any of the measures referred to in paragraphs (3)(a) to (c).

Marginal note:Authorization to take possession

• 38 (1) If any vessel or other thing is wrecked, sunk, partially sunk, stranded, grounded, including on the shore, or abandoned in Canadian waters, the Minister may, for a purpose that he or she specifies and subject to any conditions that he or she considers appropriate, authorize any person to take possession of all or part of the vessel or thing, for the benefit of that person or the public.

• Marginal note:Notification

  (2) The Minister must not authorize a person to take possession of all or part of the vessel or thing under subsection (1) unless the person has given 30 days’ notice, in the form and manner specified by the Minister, of their intention to do so

  • (a) to its owner; or

  • (b) to the public, if its owner is unknown or cannot be located.

• Marginal note:Consent not required

  (3) A person that is authorized to take possession of a vessel under subsection (1) is not required to obtain the consent of its owner to register the vessel or obtain a pleasure craft license for it under the Canada Shipping Act, 2001.

Disposition of Vessel, Wreck or Contents

Marginal note:Disposition of vessel, wreck or contents

39 The Minister or the Minister of Fisheries and Oceans may sell, dismantle, destroy or otherwise dispose of a vessel, a wreck or their contents under paragraph 30(3)(a), section 35, paragraph 36(a) or 37(3)(a) or subsection 37(4) only if

• (a) 30 days have elapsed after the day on which notice of his or her intention to dispose of it was given to

  • (i) the public,

  • (ii) the authorized representative of the vessel or, in the absence of an authorized representative, its owner, if known,

  • (iii) the owner of the wreck or the contents, if known,

  • (iv) the holder of any mortgage or hypothec against the vessel that is registered on the register in which the vessel is recorded,

  • (v) the holder of any maritime lien against the vessel or the holder of any similar interest or right, if known, and

  • (vi) the holder of any lien against the contents or the holder of any similar interest or right, if known;

• (b) the vessel, the wreck or their contents are, in his or her opinion, likely to deteriorate rapidly; or

• (c) the disposition is made under paragraph 36(a) and the Minister of Fisheries and Oceans is of the opinion that it must be made in a period of less than 30 days to prevent, mitigate or eliminate the hazard.

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.

Marginal note:Governor in Council may accept offers of settlement

• 52 (1) The Governor in Council may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty in right of Canada and the master or a crew member, offers of settlement made with respect to claims for salvage services rendered by Crown vessels.

• Marginal note:Distribution

  (2) The proceeds of a settlement made under subsection (1) must be distributed in the manner that the Governor in Council specifies.

Limitation or Prescription Period for Salvage Proceedings

Marginal note:Proceedings within two years

• 53 (1) No action in respect of salvage services may be commenced more than two years after the date that the salvage services were rendered.

• Marginal note:Extension of period by court

  (2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to the extent and on the conditions that it considers appropriate.

Aircraft

Marginal note:Aircraft treated as if vessel

54 The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.

Rights of Salvors

Marginal note:Salvage

55 Compliance with section 130, 131 or 132 of the Canada Shipping Act, 2001 does not affect the right of a master or of any other person to salvage.

PART 4Receiver of Wreck

Interpretation

Marginal note:Definition of wreck

56 In this Part, wreck includes

• (a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and

• (b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.