Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Vessels

141. This Part applies in respect of vessels registered, listed, recorded or licensed under this Act, wherever they are, and in respect of all other vessels in Canadian waters.

Marginal note:Salvage Convention

• 142. (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 3, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 3, is approved and declared to have the force of law in Canada.

• Marginal note:Inconsistent laws

  (2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.

Marginal note:When salvage services may be claimed

• 143. (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 may claim salvage for salvage services only if the 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 has 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 prosecution of the claim is proved.

• Marginal note:Time for giving consent

  (3) For the purpose 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 purpose of paragraph (2)(b) is evidence of that consent.

• Marginal note:Claim dismissed if no consent

  (5) If a claim by the master or a crew member is prosecuted 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

• 144. (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.