Canada Shipping Act, 2001

Marginal note:Minister of Fisheries and Oceans — measures

• 180 (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel, an oil handling facility or a hazardous and noxious substances handling facility has discharged, is discharging or may discharge a pollutant, that Minister may

  • (a) take the measures that that Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or facility, including, in the case of a vessel, by removing — or by selling, dismantling, destroying or otherwise disposing of — the vessel or its contents;

  • (b) monitor the measures taken by any person or vessel to repair, remedy, minimize or prevent pollution damage from the vessel or facility; or

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

• Marginal note:Clear title

  (2) When a vessel or its contents are disposed of under paragraph 180(1)(a), the Minister of Fisheries and Oceans may give the person acquiring them a valid title to the vessel or its contents free from any mortgage, hypothec, maritime lien or other interest or right that is in existence at the time of the disposition.

• Marginal note:At risk and expense of owner

  (2.1) The disposition is at the risk, cost and expense of the owner of the vessel or its contents.

• Marginal note:Payment of proceeds

  (2.2) When a vessel or its contents are disposed of under paragraph 180(1)(a), any surplus remaining from the proceeds of the disposition after deducting the costs and expenses incurred in respect of the disposition shall be paid to the Minister of Fisheries and Oceans, in respect of all costs and expenses incurred in taking any other measures under this Part, 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 after paying the Minister of Fisheries and Oceans and the holders shall be paid to the owner of the vessel or the contents.

• Marginal note:Federal Court directions

  (2.3) The Minister of Fisheries and Oceans may apply to the Federal Court for directions as to the allocation of the surplus referred to in subsection (2.2).

• Marginal note:Compensation

  (3) Compensation must be paid by His Majesty in right of Canada for the services of any person or vessel, other than the operator of a vessel, an oil handling facility or a hazardous and noxious substances handling facility that had discharged, was discharging or may have discharged a pollutant, that has complied with a direction issued under paragraph (1)(c).

• Marginal note:Priority

  (4) A direction made by the Minister of Fisheries and Oceans under paragraph (1)(c) prevails over an order or direction made under any Act of Parliament, to the extent of any inconsistency.