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

Application

Marginal note:Application

28 Unless otherwise provided, this Part applies in respect of

• (a) wrecks and Canadian vessels in Canadian waters and in the exclusive economic zone of Canada; and

• (b) all other vessels in Canadian waters.

Marginal note:Exclusions

29 This Part does not apply in respect of vessels that are less than 5.5 m in length and are designed to be primarily human-powered or wind-powered, including those that have become wrecks.

Prohibitions

Marginal note:Dilapidated vessel

• 30 (1) It is prohibited for an owner of a dilapidated vessel to leave it stranded, grounded, including on the shore, anchored or moored in the same location — or within a radius of three nautical miles of, or, if a radius is prescribed, within that prescribed radius of that location — for a period of 60 consecutive days or, if a number of consecutive days is prescribed, that number of consecutive days.

• Marginal note:Exception — consent

  (2) An owner of a dilapidated vessel does not contravene subsection (1) if they obtain the express consent to leave the vessel, at each location where the vessel is situated during the period referred to in that subsection, of a person that has the authority to give that consent as owner, manager or lessee of the location. The onus of proving that consent is on the owner of the dilapidated vessel.

• Marginal note:Measures

  (3) If subsection (1) has been contravened, the Minister may

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

  • (b) 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, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

Marginal note:Vessel adrift

31 It is prohibited for an owner of a vessel to leave it adrift for a period of 48 hours without taking measures to secure it.

Marginal note:Abandoned vessel

• 32 (1) It is prohibited for an owner of a vessel to abandon it.

• Marginal note:Presumption — abandonment

  (2) An owner of a vessel is, in the absence of evidence to the contrary, presumed to have abandoned it if they leave the vessel unattended for a period of two years.

• Marginal note:For greater certainty

  (3) For greater certainty and despite subsection (2), it is not necessary for an owner to leave a vessel unattended for a period of two years for the owner to be found to have contravened subsection (1).

• Marginal note:Exception

  (4) An owner of a vessel who abandons it does not contravene subsection (1) if

  • (a) the abandonment is in accordance with a Canadian permit, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, authorizing the disposal of the vessel;

  • (b) the abandonment is in accordance with any other Act of Parliament or of the legislature of a province;

  • (c) the abandonment is temporary and necessary to avert a danger to human life; or

  • (d) it is a wreck, as defined in Article 1 of the Wreck Removal Convention, and its owner complies with Part 1.

Marginal note:Vessel becoming wreck

33 It is prohibited for an owner of a vessel to let it become a wreck by reason of failing to maintain it.

Marginal note:Sinking, stranding or grounding vessel

• 34 (1) It is prohibited for a person in charge of a vessel to knowingly cause it to sink or partially sink or to be stranded or grounded, including on the shore.

• Marginal note:Exception

  (2) A person in charge of a vessel that knowingly causes it to sink or partially sink or to be stranded or grounded, including on the shore, does not contravene subsection (1) if

  • (a) they do so in accordance with any other Act of Parliament or of the legislature of a province;

  • (b) they cause it to sink in accordance with a Canadian permit, as defined in subsection 122(1) of the Canadian Environmental Protection Act, 1999, authorizing the disposal of the vessel; or

  • (c) they cause it to be stranded or grounded so as to avert a danger to human life.

Marginal note:Sale, destruction or other disposition

35 The Minister may sell, destroy or otherwise dispose of a vessel that is abandoned.

Measures

Marginal note:Minister of Fisheries and Oceans — general powers

36 If the Minister of Fisheries and Oceans has reasonable grounds to believe that a vessel or wreck poses, or may pose, a hazard, he or she

• (a) may take the measures that he or she considers necessary to prevent, mitigate or eliminate the hazard, including by repairing, securing, moving or removing of the vessel, the wreck or their contents or selling, dismantling, destroying or otherwise disposing of them;

• (b) may monitor the measures taken by any person to prevent, mitigate or eliminate the hazard; 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: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.