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

Marginal note:Proceedings within two years

• 145. (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 thinks fit.

Marginal note:Aircraft treated as if vessel

146. 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.

Marginal note:Salvage

147. Compliance with section 130 (direction of rescue coordinator), 131 (distress signals) or 132 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.

Marginal note:Duty of masters in collision

148. If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

• (a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

• (b) give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

Marginal note:Inquiry into cause of death on board

• 149. (1) If a person dies on board a Canadian vessel, on the vessel’s arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

• Marginal note:Powers of Minister

  (2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

  • (a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

  • (b) enter and inspect any premises at any reasonable time.

• Marginal note:Warrant required to enter living quarters

  (3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

• Marginal note:Authority to issue warrant

  (4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

  • (a) is necessary for the purpose of an inquiry; and

  • (b) has been refused or there are reasonable grounds for believing that it will be refused.

• Marginal note:Use of force

  (5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.