Wrecked, Abandoned or Hazardous Vessels Act

Marginal note:Regulations — Minister

• 130 (1) The Governor in Council may, on the recommendation of the Minister, make regulations

  • (a) designating any floating object to be a vessel for the purposes of the definition vessel in section 2;

  • (b) excluding any vessel or wreck from the application of all or part of this Act;

  • (c) extending the application of the Wreck Removal Convention to vessels or classes of vessels excluded from the application of that Convention and specifying the terms and conditions that are applicable to those vessels or classes of vessels under Article 4 of that Convention;

  • (d) imposing a fee for the issuance of a certificate under section 25;

  • (e) respecting the exercise of the powers or the performance of the duties or functions of a person designated under subsection 25(2);

  • (f) respecting conditions under which certificates may be issued, refused or revoked for the purposes of subsections 25(3) to (5);

  • (g) providing, despite subsection 26(3) of the Marine Liability Act, that the limits of liability set out in that Act apply in respect of some or all vessels of less than 300 gross tonnage;

  • (h) respecting insurance or other financial security requirements relating to the locating, marking and removal of wrecks applicable

    • (i) to vessels of less than 300 gross tonnage, and

    • (ii) to towed vessels that are not registered;

  • (i) excluding from the application of some or all of Part 2 any geographic area in which measures may be taken, under an Act of Parliament other than this Act or an Act of the legislature of a province, to prevent, mitigate or eliminate a hazard;

  • (j) specifying harmful consequences, including with respect to a geographic area described in paragraph (i), that are excluded from the definition hazard in section 27;

  • (k) specifying the form and manner of the consent referred to in subsection 30(2);

  • (l) specifying circumstances in which an owner of a vessel is deemed to have abandoned it for the purposes of subsection 32(1);

  • (m) respecting requirements in relation to salvage operations;

  • (n) respecting requirements relating to the towing of vessels that are normally self-propelled and that are without their propelling power;

  • (o) respecting the setting and payment of fees for services provided in the administration of the provisions of this Act, other than section 131, or the regulations;

  • (o.1) respecting the fees, charges, costs and expenses — other than the fees referred to in paragraph (o) — to be paid in relation to the administration and enforcement of this Act;

  • (p) exempting any geographical area from the application of Part 4;

  • (q) respecting the detention of vessels, including the review of detention orders;

  • (r) establishing conditions governing the sale or acquisition of vessels, including measures that must be taken before a vessel is sold or acquired;

  • (s) respecting requirements relating to the dismantlement or destruction of vessels in Canada and of those destined for dismantlement or destruction outside Canada;

  • (t) requiring that notice be given of anything that can or must be done under this Act;

  • (u) respecting directions made and notices given under this Act;

  • (v) respecting the service of documents, including the circumstances under which documents are deemed to be served;

  • (w) respecting record keeping, information management and reporting for the purposes of this Act;

  • (x) removing any reservation from Part 2 of Schedule 2 that Canada withdraws;

  • (y) prescribing anything that is to be prescribed under this Act; and

  • (z) generally for carrying out the purposes and provisions of this Act.

• Marginal note:Debt due to His Majesty

  (2) All fees set under paragraph (1)(o) and all fees, charges, costs and expenses to be paid under paragraph (1)(o.1) constitute a debt due to His Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

• Marginal note:Payment of fees, charges, costs or expenses

  (3) If a fee is imposed under paragraph (1)(o) or a fee, charge, cost or expense is to be paid under paragraph (1)(o.1)

  • (a) in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee, charge, cost or expense;

  • (b) in respect of a Canadian vessel, the authorized representative and the master are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense; and

  • (c) in respect of a vessel that is not a Canadian vessel, its owner and the authorized representative are jointly and severally, or solidarily, liable for payment of the fee, charge, cost or expense.

• Marginal note:Seizure and detention for charges

  (4) If the amount of a fee owed by an authorized representative of a Canadian vessel or by the owner of a vessel that is not a Canadian vessel has not been paid, the Minister may, in addition to any other remedy available for the collection of the amount and whether or not a judgment for the collection of the amount has been obtained, apply to the Federal Court for an order authorizing the Minister to seize, detain and sell any vessel belonging to the authorized representative or the owner, as the case may be. The Court may make the order on the terms that the Court considers appropriate.

• Marginal note:Release on security

  (5) The Minister must release a seized vessel if security in a form satisfactory to him or her for the amount in respect of which the vessel was seized is deposited with the Minister.

• Marginal note:Exemption by Minister

  (6) The Minister may, on any terms and conditions that the Minister considers necessary, exempt any person or vessel, or class of persons or vessels, from the requirement to pay any fee, charge, cost or expense under regulations made under paragraph (1)(o.1) if, in the opinion of the Minister, it is in the public interest to do so. The Minister may also cancel such an exemption.

• Marginal note:Statutory Instruments Act

  (7) An exemption made under subsection (6) and any cancellation of such an exemption are exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act.