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

Marginal note:Designation

• 154. (1) The Minister may designate persons or classes of persons as receivers of wreck.

• Marginal note:Authorization

  (2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.

• Marginal note:Immunity

  (3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.

Marginal note:Duty of persons taking possession of wreck

• 155. (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,

  • (a) report it to a receiver of wreck and provide the information and documents requested; and

  • (b) take any measures with respect to the wreck that the receiver of wreck directs, including

    • (i) delivering it to the receiver of wreck within the period specified by the receiver, or

    • (ii) keeping it in their possession in accordance with the instructions of the receiver.

• Marginal note:Notice

  (2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.

• Marginal note:Discretion

  (3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.

Marginal note:Salvage award

• 156. (1) A person who is referred to in subsection 155(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.

• Marginal note:Nature of award

  (2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.

Marginal note:Prohibition

157. No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 155(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.

Marginal note:Delivery of wreck or proceeds of disposition

158. A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 160(1) to a person who claims ownership of the wreck and

• (a) submits, in the form and manner specified by the Minister, a claim to the receiver within 90 days after the wreck was reported under paragraph 155(1)(a);

• (b) establishes their claim to the satisfaction of the receiver; and

• (c) pays or delivers the salvage award determined by the receiver, and pays the receiver’s fees and expenses.