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

Marginal note:Liability of owner

• 45 (1) The owner of a vessel or wreck is liable for the costs and expenses incurred by

  • (a) the Minister

    • (i) in respect of measures taken under paragraph 30(3)(a), section 35, paragraph 37(3)(a) or subsection 37(4) and any loss or damage caused by those measures,

    • (ii) in respect of any monitoring under paragraph 30(3)(b) or 37(3)(b) or subsection 37(4),

    • (iii) in relation to any direction given under paragraph 30(3)(c) or 37(3)(c) or subsection 37(4), and

    • (iv) in relation to the use of property under subsection 86(5);

  • (b) the Minister of Fisheries and Oceans

    • (i) in respect of measures taken under paragraph 36(a) (including any costs and expenses incurred by the Minister of Fisheries and Oceans in determining whether a vessel or wreck poses a hazard, if he or she determined that it posed one) or 37(3)(a) or subsection 37(4) and any loss or damage caused by those measures,

    • (ii) in respect of any monitoring under paragraph 36(b) or 37(3)(b) or subsection 37(4),

    • (iii) in relation to any direction given under paragraph 36(c) or 37(3)(c) or subsection 37(4), and

    • (iv) in relation to the use of property under subsection 86(5); and

  • (c) any other person, in cases where no compensation is paid by Her Majesty in right of Canada,

    • (i) in respect of the measures that they were directed to take or to refrain from taking under paragraph 30(3)(c), 36(c) or 37(3)(c) or subsection 37(4) and any loss or damage caused by those measures, and

    • (ii) in respect of any loss or damage caused by the use of property under subsection 86(5).

• Marginal note:Limitation or prescription period

  (2) No action lies in respect of the liability referred to in subsection (1) if it is commenced more than six years after the day on which the first measure was taken in respect of the vessel or wreck under any of paragraphs 30(3)(a) to (c), section 35, paragraphs 36(a) to (c) and 37(3)(a) to (c) and subsections 37(4) and 86(5).

• Marginal note:Liability for costs and expenses

  (3) If there is more than one owner of a vessel or wreck, the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1).

Miscellaneous

Marginal note:Direction to vessel

46 For the purposes of this Part, a direction is deemed to have been given to the vessel and is binding on it if

• (a) the direction is given to the authorized representative or a person in charge of the vessel; or

• (b) in the case of a direction that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Marginal note:Inconsistency — Part 1

• 47 (1) In the event of any inconsistency between Part 1 and this Part, Part 1 prevails to the extent of the inconsistency.

• Marginal note:Inconsistency — directions

  (2) Any direction under this Part that is inconsistent with a direction under any other Act of Parliament is void to the extent of the inconsistency.

PART 3Salvage

Interpretation

Marginal note:Definitions

• 48 (1) The following definitions apply in this Part.

  Crown vessel

  Crown vessel means a vessel that is owned by or is in the exclusive possession of Her Majesty in right of Canada. (bâtiment appartenant à Sa Majesté)

  Salvage Convention

  Salvage Convention means the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Part 1 of Schedule 2. (Convention sur l’assistance)

• Marginal note:Clarification

  (2) For the purposes of the application of the Salvage Convention, any reference to a “State Party” in the provisions referred to in subsection 50(1) is, for greater certainty, to be read as including Canada.

Application

Marginal note:Vessels

49 This Part applies in respect of vessels registered, listed, recorded or licensed under the Canada Shipping Act, 2001, wherever they are, and in respect of all other vessels in Canadian waters.

Salvage Convention

Marginal note:Salvage Convention

• 50 (1) Subject to the reservations that Canada made and that are set out in Part 2 of Schedule 2, Articles 1 to 9, paragraphs 1 and 3 of Article 10 and Articles 11 to 26 of the Salvage Convention have the force of law in Canada.

• Marginal note:Inconsistent laws

  (2) In the event of any inconsistency between the Salvage Convention and this Act or the Canada Shipping Act, 2001 or the regulations made under those Acts, the Convention prevails to the extent of the inconsistency.

Salvage by Crown Vessels

Marginal note:When salvage services may be claimed

• 51 (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 of the Crown vessel may claim salvage for salvage services only if the Crown 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 and the master and crew members have 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 institution of proceedings in respect of the claim is proved.

• Marginal note:Time for giving consent

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

• Marginal note:Claim dismissed if no consent

  (5) If proceedings in respect of a claim are instituted by the master or a crew member 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

• 52 (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.

Limitation or Prescription Period for Salvage Proceedings

Marginal note:Proceedings within two years

• 53 (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 considers appropriate.

Aircraft

Marginal note:Aircraft treated as if vessel

54 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.

Rights of Salvors

Marginal note:Salvage

55 Compliance with section 130, 131 or 132 of the Canada Shipping Act, 2001 does not affect the right of a master or of any other person to salvage.

PART 4Receiver of Wreck

Interpretation

Marginal note:Definition of wreck

56 In this Part, wreck includes

• (a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and

• (b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.

Designation of Receivers of Wreck

Marginal note:Designation

• 57 (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 or perform any of their duties or functions.

Finding or Bringing Wreck into Canada

Marginal note:Obligation to report

• 58 (1) A person must report a wreck whose owner is unknown or cannot be located to a receiver of wreck, in the form and manner specified by the receiver of wreck,

  • (a) as soon as feasible after taking possession of it under paragraph (3)(a);

  • (b) before taking possession of it, other than under paragraph (3)(a), if the wreck was found in Canada; or

  • (c) as soon as feasible, if the person brings the wreck into Canada.

• Marginal note:Exception

  (2) Subsection (1) does not apply in respect of a wreck that is a thing that could not reasonably be expected to be identified as having been part of or on a vessel or aircraft.

• Marginal note:Finding wreck

  (3) It is prohibited for a person that finds a wreck in Canada whose owner is unknown or cannot be located to take possession of it unless

  • (a) the wreck is in danger and the possession is necessary to secure or otherwise protect it; or

  • (b) that person has been authorized to do so by the receiver of wreck under paragraph (4)(a).

• Marginal note:Powers of receiver of wreck

  (4) On receipt of a report referred to in subsection (1), a receiver of wreck may

  • (a) authorize the person that made the report to take possession of the wreck;

  • (b) direct the person that made the report to

    • (i) provide any additional information that the receiver specifies,

    • (ii) take the measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver specifies, including delivering it to the receiver or keeping it in their possession, in accordance with his or her instructions, and

    • (iii) take the measures that the receiver specifies to determine the owner of the wreck, including giving notice that the wreck was reported, in the form and manner that the receiver considers appropriate; and

  • (c) take, or authorize any other person to take, the measures with respect to the wreck — other than selling, dismantling, destroying or otherwise disposing of it — that the receiver considers appropriate.

Marginal note:Salvage award

• 59 (1) The following persons are entitled to a salvage award to be determined by the receiver of wreck:

  • (a) a person that took possession of a wreck and that was authorized to do so under paragraph 58(4)(a); and

  • (b) a person that reported a wreck under paragraph 58(1)(a) or (c).

• Marginal note:Nature of award

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

• Marginal note:Reimbursement of costs and expenses

  (3) A person that has complied with a direction given to them under subparagraph 58(4)(b)(iii) or that has taken a measure under paragraph 58(4)(c) is entitled to the reimbursement of any costs and expenses incurred by them in doing so from the person that pays them under paragraph 61(d) or, if no payment is made under that paragraph, from the receiver of wreck.