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

Marginal note:Entering living quarters

• 75 (1) An enforcement officer must not enter living quarters under subsection 74(1) without the consent of the occupant except under the authority of a warrant issued under subsection (2), unless they have reasonable grounds to believe that the living quarters are not being lived in or are located on an abandoned vessel.

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer 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

  • (a) the living quarters are a place referred to in subsection 74(1);

  • (b) entry to the living quarters is necessary for a purpose related to verifying compliance or preventing non-compliance with this Act; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

• Marginal note:Use of force

  (3) In executing a warrant to enter living quarters, an enforcement officer may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer.

• Marginal note:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

Marginal note:Disposition of samples

• 76 (1) An enforcement officer who takes a sample under paragraph 74(2)(h) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate.

• Marginal note:Certificate or report

  (2) A person that has made an analysis or examination under subsection (1) may issue a certificate or report that sets out the results of the analysis or examination.

• Marginal note:Certificate or report admissible in evidence

  (3) Subject to subsections (4) and (5), the certificate or report is admissible in evidence in any proceeding related to a contravention of this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

• Marginal note:Attendance of person

  (4) The party against whom the certificate or report is produced may, with leave of the court or of the Transportation Appeal Tribunal, require for the purposes of cross-examination the attendance of the person that issued it.

• Marginal note:Notice

  (5) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

Marginal note:Return of anything removed

• 77 (1) Anything removed under paragraph 74(2)(j) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken unless

  • (a) the thing, in the enforcement officer’s opinion, is no longer useful; or

  • (b) the owner is unknown or cannot be located.

• Marginal note:Thing not returned

  (2) An enforcement officer may dispose of anything that is not returned under subsection (1), in the manner that they consider appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.

Marginal note:Interference

78 Unless authorized by an enforcement officer, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 74(2)(h) or anything removed under paragraph 74(2)(j).

Marginal note:Seizure

79 For the purpose referred to in subsection 74(1), an enforcement officer may seize and detain anything

• (a) by means of which or in relation to which they have reasonable grounds to believe that any provision of this Act or of the regulations has been contravened; or

• (b) that they have reasonable grounds to believe will afford evidence in respect of a contravention of any provision of this Act or of the regulations.

Marginal note:Custody of things seized

80 If an enforcement officer seizes a thing, the enforcement officer, or any person that they may designate, must retain custody of the thing, subject to any order made under section 490 of the Criminal Code.

Marginal note:Liability for costs and expenses

81 If there is more than one owner of a thing seized or forfeited under this Act, the owners are jointly and severally, or solidarily, liable for the amount due or payable in respect of the costs and expenses resulting from the seizure, forfeiture or disposition of the thing in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty in right of Canada under this Act.

Marginal note:Detention order

• 82 (1) An enforcement officer may order the detention of a vessel, including one that has become a wreck, if they have reasonable grounds to believe that an offence under this Act has been committed by or in respect of the vessel.

• Marginal note:Order in writing

  (2) A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel.

• Marginal note:Service of detention order notice

  (3) Subject to subsection (4), notice of a detention order must be served on the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel

  • (a) by delivering a copy of the notice to the authorized representative or a person in charge, as the case may be; or

  • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by posting a copy of the notice on any conspicuous part of the vessel.

• Marginal note:Public notice of detention order

  (4) If service cannot reasonably be effected in the manner provided in paragraph (3)(a) or (b), public notice of the detention order is to be given.

• Marginal note:Contents of notice

  (5) The notice must indicate

  • (a) any measures to be taken for the detention order to be rescinded; and

  • (b) the amount and form of any security that is to be deposited with the Minister or the Minister of Fisheries and Oceans.

• Marginal note:Notification of foreign state

  (6) If the vessel that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made.

• Marginal note:Movement of vessel prohibited

  (7) Subject to subsection 84(1), it is prohibited for a person to move a vessel that is subject to a detention order.

• Marginal note:Granting clearance prohibited

  (8) It is prohibited for a person to whom a detention order is addressed, after they have received notice of the order, to grant clearance to the vessel that is subject to the order unless they have been notified that the order has been rescinded.

• Marginal note:Rescission of orders

  (9) An enforcement officer may rescind a detention order if, in their opinion, it would be in the public interest to do so. However, an enforcement officer must rescind a detention order if they are satisfied that the measures indicated in the notice referred to in subsection (5) have been taken and, if applicable, security in the amount and form indicated in the notice has been deposited with the Minister or the Minister of Fisheries and Oceans.

• Marginal note:Notice of rescission

  (10) An enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister or the Minister of Fisheries and Oceans, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)(a) of the rescission.

• Marginal note:Liability for costs and expenses

  (11) The authorized representative of a vessel that is subject to a detention order or, in the absence of an authorized representative, the owner of that vessel is liable for all costs and expenses incurred in respect of the detention.

• Marginal note:Return of security

  (12) If, in the opinion of the Minister or the Minister of Fisheries and Oceans, the matter has been resolved, that Minister

  • (a) may apply the security to reimburse or pay Her Majesty in right of Canada, either fully or partially, if any of the costs and expenses resulting from the detention of the vessel or any fine or penalty imposed under this Act has not been paid; and

  • (b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all costs and expenses and any fine or penalty imposed under this Act have been paid.

Marginal note:Interference with service of notice

83 It is prohibited for a person to intentionally interfere with the service of a notice of a detention order.

Marginal note:Permission or direction to move vessel

• 84 (1) The Minister or the Minister of Fisheries and Oceans may, in respect of a vessel that is subject to a detention order,

  • (a) on application made by the authorized representative of the vessel or, in the absence of an authorized representative, the person in charge of the vessel, permit the vessel to be moved in accordance with the directions of the Minister or the Minister of Fisheries and Oceans; and

  • (b) on application made by the owner of a dock or wharf — or by the person in charge of a place — at which the detained vessel is situated, direct the authorized representative or person in charge of the vessel to move it in accordance with the directions of the Minister or the Minister of Fisheries and Oceans.

• Marginal note:Non-compliance with paragraph (1)(b)

  (2) If a person does not comply with a direction given to them under paragraph (1)(b) and the Minister or the Minister of Fisheries and Oceans is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, the Minister or the Minister of Fisheries and Oceans may authorize the applicant to move the vessel in accordance with that Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner.

Marginal note:References

85 For the purposes of sections 82 to 84, in the case of a wreck that is subject to Part 4, a reference to the owner or person in charge is to be read as a reference to a person that has possession of the wreck.

Provisions Related to Entry

Marginal note:Accompanying persons

• 86 (1) If an enforcement officer or the Minister of Fisheries and Oceans enters a place under subsection 67(1) or 74(1), as the case may be, they may be accompanied by any other person whom they believe is necessary to help them in the exercise of their powers or the performance of their duties or functions under this Act.

• Marginal note:Entry on private property — Minister

  (2) The Minister and any person accompanying him or her may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to take the measures referred to in subsection 30(3) or section 35.

• Marginal note:Entry on private property — enforcement officer

  (3) An enforcement officer and any person accompanying them may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 74(1).

• Marginal note:Entry on private property — Minister of Fisheries and Oceans

  (4) The Minister of Fisheries and Oceans and any person accompanying him or her may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, in order to gain entry to the place referred to in subsection 67(1).

• Marginal note:Use of property

  (5) If required, the Minister or the Minister of Fisheries and Oceans may use property adjacent to or in the vicinity of the vessel or wreck for the purposes of repairing, securing, moving, removing, dismantling or destroying the vessel, the wreck or their contents.

• Marginal note:Compensation

  (6) Her Majesty in right of Canada may compensate the owner of a property, or any person that has, either by law or by contract, the rights of the owner of that property in respect of its possession and use, for any loss or damage caused by the use of that property under subsection (5) that exceeds the value of the benefit derived by the owner or person, as the case may be, from the fact that, through the use of that property, the vessel, the wreck or their contents were repaired, secured, moved, removed, dismantled or destroyed.

Marginal note:Duty to assist

87 The owner of a place that is entered by the Minister of Fisheries and Oceans under subsection 67(1) or by an enforcement officer under subsection 74(1), the person in charge of the place and every person in it must give all assistance to the enforcement officer or that Minister that is reasonably required to enable them to exercise their powers or perform their duties or functions under this Act and must provide them with any document or information, or access to any data, that they may reasonably require.

Obstruction

Marginal note:Obstruction

88 It is prohibited for a person to knowingly give false or misleading information either orally or in writing to, or otherwise knowingly obstruct or hinder, the Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person acting on their behalf or under their direction who is exercising powers or performing duties or functions under this Act.

Administrative Monetary Penalties

Interpretation

Marginal note:Definition of Minister

89 In sections 90 to 108, Minister means the Minister of Transport, except that

• (a) it means the Minister of Fisheries and Oceans in relation to a violation involving

  • (i) the contravention of subsection 19(1) or section 20, or

  • (ii) the contravention of a direction given under subsection 21(1), paragraph 36(c), subsection 37(1), paragraph 67(2)(e), (k) or (m) or subsection 67(3) or (4); and

• (b) it means the minister who gave a direction under paragraph 37(3)(c), in relation to a violation involving the contravention of that direction.

Assurances of Compliance and Notices of Violation

Marginal note:Violation — persons

• 90 (1) Every person that contravenes any of the following commits a violation and is liable to a penalty:

  • (a) subsection 30(1) or 32(1), section 33 or subsection 34(1);

  • (b) subsection 19(1), section 20 or 31 or subsection 58(1) or (3), 60(1) or 82(7) or (8);

  • (c) a direction given under subsection 21(1), paragraph 30(3)(c) or 36(c) or subsection 37(1) or (2);

  • (d) a direction given under paragraph 37(3)(c), 58(4)(b), 67(2)(e), (k) or (m), (3)(a) or (4)(b), 74(2)(e), (k) or (m) or (3)(a) or 84(1)(b);

  • (e) a provision the contravention of which is designated as a violation by a regulation made under paragraph 109(a).

• Marginal note:Violation — vessels

  (2) Every vessel that contravenes any of the following commits a violation and is liable to a penalty:

  • (a) a direction given under paragraph 30(3)(c) or 36(c);

  • (b) a direction given under paragraph 37(3)(c) or 67(3)(b), subsection 67(4), paragraph 74(3)(b) or subsection 74(4);

  • (c) a provision the contravention of which is designated as a violation by a regulation made under paragraph 109(a).

• Marginal note:Continuing violation

  (3) A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.

• Marginal note:Penalty

  (4) The maximum amount payable as the penalty for each violation set out in paragraph (1)(a) or (c) or (2)(a) is, in the case of an individual, $50,000, and in the case of any other person or vessel, $250,000.

• Marginal note:Penalty

  (5) The maximum amount payable as the penalty for each violation set out in paragraph (1)(b), (d) or (e) or (2)(b) or (c) is, in the case of an individual, $5,000 and, in the case of any other person or vessel, $25,000.

• Marginal note:Purpose of penalty

  (6) The purpose of the penalty is to promote compliance with this Act and not to punish.

• Marginal note:Clarification

  (7) If a contravention of a provision may be proceeded with as a violation or as an offence, proceeding with it in one manner precludes proceeding with it in the other.

• Marginal note:Nature of violation

  (8) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.

• Marginal note:Due diligence defence — persons

  (9) A person must not be found to be liable for a violation under this Act, other than in relation to a contravention of subsection 34(1), if they establish that they exercised due diligence to prevent its commission.

• Marginal note:Due diligence defence — vessels

  (10) A vessel must not be found to be liable for a violation under this Act if the person that committed the act or omission that constitutes the violation establishes that they exercised due diligence to prevent its commission.