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Bill C-64

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First Session, Forty-second Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-64
An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations
FIRST READING, October 30, 2017
MINISTER OF TRANSPORT
90857


RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations”.
SUMMARY
This enactment enacts the Wrecked, Abandoned or Hazardous Vessels Act, which promotes the protection of the public, of the environment, including coastlines and shorelines, and of infrastructure by regulating abandoned or hazardous vessels and wrecks in Canadian waters and, in certain cases, Canada’s exclusive economic zone, and by recognizing the responsibility and liability of owners for their vessels.
The Act, among other things,
(a)implements the Nairobi International Convention on the Removal of Wrecks, 2007;
(b)requires owners of vessels of 300 gross tonnage and above, and unregistered vessels being towed, to maintain wreck removal insurance or other financial security;
(c)prohibits vessel abandonment unless it is authorized under an Act of Parliament or of the legislature of a province or it is due to a maritime emergency;
(d)prohibits the leaving of a dilapidated vessel in the same place for more than 60 days without authorization;
(e)authorizes the Minister of Transport or the Minister of Fisheries and Oceans to order the removal of a dilapidated vessel left on any federal property;
(f)authorizes the Minister of Fisheries and Oceans to take measures to prevent, mitigate or eliminate hazards posed by vessels or wrecks and to hold the owner liable;
(g)authorizes the Minister of Transport to take measures with respect to abandoned or dilapidated vessels and to hold the owner liable;
(h)establishes an administration and enforcement scheme, including administrative monetary penalties; and
(i)authorizes the Governor in Council to make regulations respecting such matters as excluding certain vessels from the application of the Act, setting fees and establishing requirements for salvage operations, the towing of vessels and the dismantlement or destruction of vessels.
The enactment also re-enacts and revises provisions related to the International Convention on Salvage, 1989 and to the receiver of wreck. The enactment strengthens the protection of owners of certain wrecks in cases where the owner is unknown or cannot be located and maintains regulatory powers related to the protection and preservation of wrecks having heritage value.
Finally, it makes related and consequential amendments to other Acts.
Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS
An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations
Short Title
1
Wrecked, Abandoned or Hazardous Vessels Act
Interpretation
2
Definitions
Her Majesty
3
Binding on Her Majesty
Purpose
4
Purpose of Act
Application
5
Exclusions
Powers, Duties and Functions of Ministers
6
Agreements or arrangements
7
Delegation — Minister
8
Obligation to consult — Minister of Fisheries and Oceans
9
Obligation to consult — Minister
10
Validity of determination not affected
11
Exclusion
12
Suspension, cancellation and refusal to issue or renew
Disclosure of Information
13
Disclosure by Minister or Minister of Fisheries and Oceans
14
Disclosure to Chief Registrar, registrar or authorized person
PART 1
Removal of Wrecks
Interpretation
15
Definitions
16
Force of law
17
Inconsistency
18
Application
Hazards
19
Obligation to report
20
Marking
21
Direction — locating, marking and removal
22
Immediate action required
Liability
23
Owner
Insurance or Other Financial Security
24
Absence of certificate
25
By whom certificate must be issued
26
Towing
PART 2
Vessels and Wrecks of Concern
Interpretation
27
Definitions
Application
28
Application
29
Exclusions
Prohibitions
30
Dilapidated vessel
31
Vessel adrift
32
Abandoned vessel
33
Vessel becoming wreck
34
Sinking, stranding or grounding vessel
35
Sale, destruction or other disposition
Measures
36
Minister of Fisheries and Oceans — general powers
37
Power related to dilapidated vessel
38
Authorization to take possession
Disposition of Vessel, Wreck or Contents
39
Disposition of vessel, wreck or contents
40
At risk, cost and expense of owner
41
Payment of proceeds
42
Federal Court directions
43
Clear title
Compensation and Liability
44
Compensation
45
Liability of owner
Miscellaneous
46
Direction to vessel
47
Inconsistency — Part 1
PART 3
Salvage
Interpretation
48
Definitions
Application
49
Vessels
Salvage Convention
50
Salvage Convention
Salvage by Crown Vessels
51
When salvage services may be claimed
52
Governor in Council may accept offers of settlement
Limitation or Prescription Period for Salvage Proceedings
53
Proceedings within two years
Aircraft
54
Aircraft treated as if vessel
Rights of Salvors
55
Salvage
PART 4
Receiver of Wreck
Interpretation
56
Definition of wreck
Designation of Receivers of Wreck
57
Designation
Finding or Bringing Wreck into Canada
58
Obligation to report
59
Salvage award
60
Prohibition — selling, dismantling, etc.
61
Claim to wreck
62
Interpleader in case of wreck
Disposition of Wrecks
63
When wrecks may be disposed of
64
Consent not required
65
Unpaid salvage award, fees, etc.
General
66
Prosecutions or violations
PART 5
Administration and Enforcement
Measures Relating to Hazards
67
Minister of Fisheries and Oceans — authority to enter
68
Disposition of samples
69
Return of anything removed
70
Interference
Designation of Enforcement Officers
71
Designation by Minister
72
Designation by Minister of Fisheries and Oceans
73
Certificate of designation
Compliance Measures
74
Authority to enter
75
Entering living quarters
76
Disposition of samples
77
Return of anything removed
78
Interference
79
Seizure
80
Custody of things seized
81
Liability for costs and expenses
82
Detention order
83
Interference with service of notice
84
Permission or direction to move vessel
85
References
Provisions Related to Entry
86
Accompanying persons
87
Duty to assist
Obstruction
88
Obstruction
Administrative Monetary Penalties
Interpretation
89
Definition of Minister
Assurances of Compliance and Notices of Violation
90
Violation — persons
91
Assurance of compliance or notice of violation
92
Deemed violation
93
When assurance of compliance complied with
94
When assurance of compliance not complied with
95
Request for review
96
Return of security
97
Notice of violation — options
98
Right of appeal
Recovery of Debts
99
Debts due to Her Majesty
100
Certificate of default
General
101
Proof of violation by vessel
102
Party to violation committed by vessel
103
Violation by employee or agent or mandatary
104
Direction to vessel
105
Limitation or prescription period
106
Certificate
Public Record
107
Disclosure of notices of violation and default
108
Notations removed
Regulations
109
Governor in Council
Offences and Punishment
Offences and Punishment
110
Offence — persons
111
Relief from minimum fine
112
Continuing offences
113
Court order
114
Service
115
Proof of offence by vessel
116
Party to offence committed by vessel
117
Offence by employee or agent or mandatary
118
Direction to vessel
119
Due diligence defence — persons
120
Limitation or prescription period
Forfeiture, Retention or Disposition
121
Forfeiture
122
Retention or disposition
Jurisdiction
123
Jurisdiction in relation to offences
Reporting of Alleged Contraventions
124
Reasonable grounds
Injunction
125
Injunction
PART 6
General
126
Statutory Instruments Act
127
Immunity — personal liability
128
Immunity — civil or criminal liability
129
Costs constituting debt
PART 7
Regulations
130
Regulations — Minister
131
Regulations — Minister and Minister responsible for Parks Canada Agency
PART 8
Transitional Provision and Related and Consequential Amendments
Transitional Provision
132
Section 20 of Navigation Protection Act
Related Amendments
133
Oceans Act
134
Canada National Marine Conservation Areas Act
Consequential Amendments
135
Crown Liability and Proceedings Act
137
Navigation Protection Act
140
Customs Act
141
Canada Shipping Act, 2001
152
Transportation Appeal Tribunal of Canada Act
PART 9
Review
153
Review by committee
PART 10
Coming into Force
154
Order in council
SCHEDULE 1
SCHEDULE 2


1st Session, 42nd Parliament,
64-65-66 Elizabeth II, 2015-2016-2017
HOUSE OF COMMONS OF CANADA
BILL C-64
An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title
1This Act may be cited as the Wrecked, Abandoned or Hazardous Vessels Act.

Interpretation

Definitions
2The following definitions apply in this Act.
authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001.‍ (représentant autorisé)
Canadian vessel, except in Part 1, means a vessel that is not registered, listed, recorded or licensed in a foreign state.‍ (bâtiment canadien)
master has the same meaning as in section 2 of the Canada Shipping Act, 2001.‍ (capitaine)
Minister means, subject to section 89, the Minister of Transport.‍ (ministre)
owner, except in Part 1, means, in relation to a vessel, a person that
(a)is a registered owner of the vessel;
(b)is a holder of a pleasure craft licence; or
(c)has, either by law or by contract, the rights of an owner of the vessel in respect of its possession and use. (propriétaire)
person includes a partnership, an unincorporated organization, an association and a trust. (personne)
person in charge means, in relation to a vessel or a wreck, the owner, master or authorized representative of the vessel, and any person that is or appears to be in command, control or charge of the vessel or that has management of the vessel, but does not include a licensed pilot, as defined in section 1.‍1 of the Pilotage Act, while the pilot is exercising their powers or performing their duties or functions under that Act.‍ (responsable)
pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001.‍ (embarcation de plaisance)
prescribed means prescribed by the regulations.‍‍ (Version anglaise seulement)
Transportation Appeal Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1) of the Transportation Appeal Tribunal of Canada Act.‍‍ (Tribunal d’appel des transports)
vessel, except in Part 1, means any boat, ship or craft of any kind designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water, without regard to method or lack of propulsion or to whether it is under construction or being re-purposed or dismantled. It also includes a floating object that is designated to be a vessel by the regulations. (bâtiment)
Wreck Removal Convention means the Nairobi International Convention on the Removal of Wrecks, 2007, signed at Nairobi on May 18, 2007 and set out in Schedule 1.‍ (Convention sur l’enlèvement des épaves)

Her Majesty

Binding on Her Majesty
3This Act is binding on Her Majesty in right of Canada or a province.

Purpose

Purpose of Act
4The purpose of this Act is to promote the protection of the public, of the environment, including coastlines and shorelines, and of infrastructure by, among other things, regulating wrecks and vessels posing hazards, prohibiting vessel abandonment, and recognizing the responsibility and liability of owners for their vessels.

Application

Exclusions
5(1)Despite any other provision of this Act, other than paragraph 130(1)‍(c), this Act does not apply in respect of a vessel or aircraft that belongs to the Canadian Forces or a foreign military force or in respect of any other vessel or aircraft that is under the command, control or direction of the Canadian Forces.
Exclusions
(2)This Act, other than Parts 3 and 4, does not apply in respect of
(a)a vessel that is owned or operated by Her Majesty in right of Canada or of a province or by a foreign state while that vessel is being used exclusively for non-commercial governmental purposes;
(b)wrecks considered as having heritage value under an Act of Parliament or of the legislature of a province; and
(c)vessels that are on location for the purposes of engaging in the exploration, exploitation or production of mineral resources or that, as a result of an accident or incident, have drifted from that location.

Powers, Duties and Functions of Ministers

Agreements or arrangements
6(1)The Minister or the Minister of Fisheries and Oceans may, with respect to that Minister’s powers, duties and functions under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person, including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Aboriginal group, with whom an agreement or arrangement is entered into to exercise the powers — other than the power to make an order under section 11 — or perform the duties or functions under this Act that are specified in the agreement or arrangement.
Guidelines
(2)The Minister may issue guidelines for the purposes of this Act.
Delegation — Minister
7(1)The Minister may delegate any of his or her powers, duties or functions under this Act to the Minister of Fisheries and Oceans for any period and under any terms and conditions that the Minister considers appropriate.
Delegation — Minister of Fisheries and Oceans
(2)The Minister of Fisheries and Oceans may delegate any of his or her powers, duties or functions under this Act to the Minister for any period and under any terms and conditions that the Minister of Fisheries and Oceans considers appropriate.
Obligation to consult — Minister of Fisheries and Oceans
8(1)For the purposes of this Act, the Minister of Fisheries and Oceans may determine whether a vessel or wreck poses, or may pose, a hazard and, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister to the extent that it is possible to do so.
Consultation — matters
(2)The consultation with the Minister is to include the following matters:
(a)any proposed salvage plans; and
(b)if relevant, whether the vessel or wreck poses, or may pose, a hazard
(i)to navigation,
(ii)to a public port or public port facility, as defined in subsection 2(1) of the Canada Marine Act, or
(iii)to transportation infrastructure in respect of which Parliament has jurisdiction.
Obligation to consult — Minister
9(1)For the purposes of this Act, if the Minister of Fisheries and Oceans has, under subsection 7(2), delegated his or her power to the Minister to determine whether a vessel or wreck poses, or may pose, a hazard, the Minister, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister of Fisheries and Oceans to the extent that it is possible to do so.
Consultation — matters
(2)The consultation with the Minister of Fisheries and Oceans is to include, if relevant, whether the vessel or wreck poses, or may pose, a hazard
(a)to the environment;
(b)to aquatic wildlife or their habitat and ecosystems;
(c)to fisheries and aquaculture; or
(d)to a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act.
Validity of determination not affected
10The failure to comply with the obligation under section 8 or 9 does not affect the validity of the determination of the Minister or the Minister of Fisheries and Oceans.
Exclusion
11Subject to any conditions that the Minister considers appropriate, he or she may, by order, exclude a vessel or wreck that is specified in the order from the application of all or part of this Act, if the Minister is of the opinion that it would be in the public interest to do so.
Suspension, cancellation and refusal to issue or renew
12(1)The Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may suspend, cancel or refuse to issue or renew any document, including a certificate, licence or permit, that may be issued under that Act, if the applicant or the holder of the document
(a)has contravened a direction given under this Act;
(b)has not paid a fine or penalty imposed on them under this Act; or
(c)has not reimbursed the Minister or the Minister of Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections21(2) and (3), section 22, paragraphs 30(3)‍(a) to (c), sections 35 and 36 and subsection 37(3).
Corporation
(2)If the applicant or the holder of the document referred to in subsection (1) is a corporation, the Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may take the measures referred to in that subsection if a director, officer, agent or mandatary of the corporation
(a)has contravened a direction given under this Act;
(b)has not paid a fine or penalty imposed on them under this Act; or
(c)has not reimbursed the Minister or the Minister of Fisheries and Oceans for any costs and expenses incurred in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)‍(a) to (c), sections 35 and 36 and subsection 37(3).

Disclosure of Information

Disclosure by Minister or Minister of Fisheries and Oceans
13(1)The Minister and the Minister of Fisheries and Oceans may, on their own initiative or on request, disclose to each other, to an enforcement officer or to any person authorized to exercise powers or perform duties or functions under this Act any information collected or obtained under this Act, the Fishing and Recreational Harbours Act, the Navigation Protection Act, the Canada Marine Act or the Canada Shipping Act, 2001, to the extent that the disclosure is necessary for the administration of this Act.
Disclosure by enforcement officer or authorized person
(2)An enforcement officer and any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to each other, to the Minister or to the Minister of Fisheries and Oceans any information collected or obtained under this Act, to the extent that the disclosure is necessary for the administration of this Act.
Disclosure to Chief Registrar, registrar or authorized person
14(1)The Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 or to any person authorized to exercise powers or perform duties or functions under the Canada Shipping Act, 2001 any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001.
Disclosure to Minister
(2)The Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Minister any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001.
PART 1

Removal of Wrecks

Interpretation

Definitions
15(1)The following definitions apply in this Part.
Canadian vessel means a vessel that is registered, listed, recorded or licensed under the Canada Shipping Act, 2001.‍ (bâtiment canadien)
owner, in relation to a vessel, has the meaning assigned by the definition registered owner in Article 1 of the Wreck Removal Convention. (propriétaire)
vessel has the meaning assigned by the definition ship in Article 1 of the Wreck Removal Convention, but includes non-seagoing vessels. (bâtiment)
Words and expressions defined
(2)For the purposes of this Part, unless otherwise provided, words and expressions used in this Part have the same meaning as in the Wreck Removal Convention.
Extended meaning of expression
(3)For the purposes of the application of the Wreck Removal Convention, in cases where Canada is the affected State, the definition Convention area in Article 1 of that Convention is to be read as including Canada.
Clarification
(4)For the purposes of the application of the Wreck Removal Convention, any reference to a “State Party” in the provisions of that Convention referred to in section 16 is, for greater certainty, to be read as including Canada.
Force of law
16Article 1, paragraphs 1 and 3 of Article 3, paragraphs 1, 2 and 4 of Article 4, paragraph 2 of Article 5, Article 6, paragraphs 2 and 3 of Article 9, Articles 10 and 11, paragraphs 1 to 3, 5 to 10 and 13 of Article 12 and Article 13 of the Wreck Removal Convention have the force of law in Canada.
Inconsistency
17In the event of any inconsistency between this Part and the Wreck Removal Convention, this Part prevails to the extent of the inconsistency.
Application
18This Part applies in respect of
(a)vessels in Canadian waters or in the exclusive economic zone of Canada;
(b)Canadian vessels, wherever they are; and
(c)wrecks
(i)that are located in the Convention area of a State Party to the Wreck Removal Convention, and
(ii)that are the result of a maritime casualty.

Hazards

Obligation to report
19(1)Subject to subsection (2), if a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — is involved in a maritime casualty that resulted in a wreck, the master and the operator of the vessel must, without delay and in accordance with Article 5 of that Convention, provide a report containing the information referred to in paragraph 2 of that Article to a marine communications and traffic services officer designated under the Canada Shipping Act, 2001, unless another person has been designated by the Minister of Fisheries and Oceans, in which case it must be provided to that person. To the extent that either the master or the operator complies with the obligation, the other is not required to provide a report.
Canadian vessels abroad
(2)If the vessel referred to in subsection (1) is a Canadian vessel located in the Convention area of a State Party to the Wreck Removal Convention other than Canada, the report under subsection (1) must be made to the government of that state, unless another person has been designated by that state, in which case it must be made to that person.
Designation
(3)The Minister of Fisheries and Oceans may designate persons or classes of persons for the purposes of subsection (1).
Marking
20Unless otherwise directed by the Minister of Fisheries and Oceans, the owner of a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — that was involved in a maritime casualty that resulted in a wreck that poses a hazard must ensure that all reasonable steps are taken without delay to mark the wreck with markings that conform to the internationally accepted system of buoyage in use in the area where the wreck is located.
Direction — locating, marking and removal
21(1)If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard, he or she may direct the owner of the vessel that was involved in the maritime casualty that resulted in the wreck, within the time that he or she specifies, to
(a)take all measures that that Minister considers practicable to establish the precise location of the wreck; and
(b)take all measures that that Minister considers proportionate to the hazard to mark or remove the wreck.
Measures — Minister of Fisheries and Oceans
(2)If the measures referred to in subsection (1) are not taken within the period specified by the Minister of Fisheries and Oceans, he or she may take the measures.
Measures — owner cannot be contacted
(3)If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and the owner of the vessel that was involved in the maritime casualty that resulted in the wreck cannot be contacted, the Minister of Fisheries and Oceans may take the measures referred to in subsection (1).
Immediate action required
22If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard and that a measure referred to in subsection 21(1) must be taken immediately, he or she may take the measure.

Liability

Owner
23Subject to any limit set out in the Marine Liability Act, the liability of the owner of a vessel for the purposes of Article 10 of the Wreck Removal Convention also includes
(a)the costs and expenses incurred by any person in Canada or any person in a state, other than Canada, that is a party to that Convention, including those incurred by the Minister of Fisheries and Oceans in determining whether a wreck poses a hazard, if he or she determined that it posed one; and
(b)any loss or damage caused by the measures taken in accordance with this Act.

Insurance or Other Financial Security

Absence of certificate
24(1)Unless a vessel of 300 gross tonnage and above carries a certificate described in paragraph 2 of Article 12 of the Wreck Removal Convention and issued in accordance with subsection 25(1), the vessel must not
(a)enter or leave a port in Canadian waters or in the exclusive economic zone of Canada or arrive at or leave an offshore facility in Canadian waters or in the exclusive economic zone of Canada; or
(b)operate, if it is a Canadian vessel.
Certificate to be produced on request
(2)Unless, in accordance with paragraph 13 of Article 12 of the Wreck Removal Convention, the certificate is not required to be carried on board the vessel, the master, a crew member or any person on board who is, or appears to be, in charge of the vessel must produce the certificate and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.
By whom certificate must be issued
25(1)The certificate must be issued
(a)if the vessel is a Canadian vessel, by the Minister;
(b)if the vessel is registered, listed, recorded or licensed in a state, other than Canada, that is a party to the Wreck Removal Convention, by or under the authority of the government of that state; or
(c)if the vessel is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to that Convention.
Designation by Minister
(2)The Minister may designate persons or classes of persons to issue, refuse or revoke a certificate on the Minister’s behalf.
Issuance of certificate by Minister
(3)Subject to the regulations, on an application to the Minister for a certificate in respect of a Canadian vessel or a vessel registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, the Minister must issue the certificate to the owner of the vessel — in printed or electronic form, or both — if he or she is satisfied that a contract of insurance or other financial security satisfying the requirements of Article 12 of that Convention will be in force in respect of the vessel throughout the period for which the certificate is issued.
When Minister may refuse certificate
(4)Subject to the regulations, if the Minister is of the opinion that the insurer or guarantor will be unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security will not satisfy the requirements of that Article, the Minister may refuse to issue the certificate.
When Minister may revoke certificate
(5)Subject to the regulations, the Minister may revoke the certificate issued by him or her if the Minister is of the opinion that the insurer or guarantor is unable to meet their obligations under the contract of insurance or other financial security referred to in Article 12 of the Wreck Removal Convention, or that the contract of insurance or other financial security does not satisfy the requirements of that Article.
Towing
26(1)Subject to the regulations, the Minister may, on any terms and conditions that he or she considers necessary, exempt a vessel that is not registered, listed, recorded or licensed from the application of section 24, for the period during which it is being towed, if he or she is satisfied that a contract of insurance or other financial security in an amount equal to that set out in paragraph 1 of Article 12 of the Wreck Removal Convention will be in force in respect of the vessel while it is being towed and the insurer or guarantor will be able to meet their obligations under the contract of insurance or other financial security.
Proof to be produced on request
(2)The master, a crew member or any person on board who is, or appears to be, in charge of the vessel that is towing a vessel that has been exempted under subsection (1) must produce proof of the exemption and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans.
PART 2

Vessels and Wrecks of Concern

Interpretation

Definitions
27The following definitions apply in this Part.
dilapidated vessel means a vessel that meets any prescribed criteria and
(a)is significantly degraded or dismantled; or
(b)is incapable of being used for safe navigation. (bâtiment délabré)
hazard means any condition or threat that may reasonably be expected to result in harmful consequences to the environment, coastlines, shorelines, infrastructure or any other interest, including the health, safety, well-being and economic interests of the public.‍ It does not include harmful consequences that are excluded by the regulations. (danger)
wreck means
(a)a vessel, or part of a vessel, that is sunk, partially sunk, adrift, stranded or grounded, including on the shore; or
(b)equipment, stores, cargo or any other thing that is or was on board a vessel and that is sunk, partially sunk, adrift, stranded or grounded, including on the shore. (épave)

Application

Application
28Unless 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.
Exclusions
29This 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

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.
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.
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.
Vessel adrift
31It is prohibited for an owner of a vessel to leave it adrift for a period of 48 hours without taking measures to secure it.
Abandoned vessel
32(1)It is prohibited for an owner of a vessel to abandon it.
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.
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).
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.
Vessel becoming wreck
33It is prohibited for an owner of a vessel to let it become a wreck by reason of failing to maintain it.
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.
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.
Sale, destruction or other disposition
35The Minister may sell, destroy or otherwise dispose of a vessel that is abandoned.

Measures

Minister of Fisheries and Oceans — general powers
36If 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.
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.
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).
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.
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).
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.
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.
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

Disposition of vessel, wreck or contents
39The 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.
At risk, cost and expense of owner
40The disposition is at the risk, cost and expense of the owner of the vessel, wreck or contents.
Payment of proceeds
41If 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.
Federal Court directions
42The 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.
Clear title
43When 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

Compensation
44Compensation 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.
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 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).
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).
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

Direction to vessel
46For 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.
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.
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 3

Salvage

Interpretation

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

Vessels
49This 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

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.
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

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.
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.
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.
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.
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.
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.
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

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.
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

Aircraft treated as if vessel
54The 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

Salvage
55Compliance 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 4

Receiver of Wreck

Interpretation

Definition of wreck
56In 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

Designation
57(1)The Minister may designate persons or classes of persons as receivers of wreck.
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

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.
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.
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).
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.
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).
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.
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.
Prohibition — selling, dismantling, etc.
60(1)Except as authorized under this Part, it is prohibited for a person to sell, dismantle, destroy or otherwise dispose of a wreck that was required to be reported under subsection 58(1).
Prohibition — concealing or disguising
(2)It is prohibited for a person to conceal a wreck, or use any means to disguise or conceal the fact that anything is a wreck, if the person knows that it has not been reported to a receiver of wreck under subsection 58(1).
Claim to wreck
61A receiver of wreck must release a wreck or pay the proceeds of its disposition under subsection 63(1) to a person that claims ownership of the wreck and that
(a)submits, in the form and manner specified by the Minister, a claim to the receiver within 30 days after the day on which notice was given under paragraph 63(1)‍(a);
(b)establishes their claim to the satisfaction of the receiver;
(c)pays to the receiver the receiver’s costs and expenses and the prescribed fees;
(d)pays to the person entitled to a reimbursement under subsection 59(3) the costs and expenses referred to in that subsection; and
(e)pays to the person entitled to the salvage award under subsection 59(1) the salvage award determined by the receiver.
Interpleader in case of wreck
62(1)If two or more persons claim a wreck or proceeds of the disposition of a wreck, or if a person disputes the amount or value of the salvage award determined by the receiver of wreck, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.
Maximum award
(2)A salvage award that a court makes under subsection (1) must not exceed the value of the wreck.

Disposition of Wrecks

When wrecks may be disposed of
63(1)A receiver of wreck may sell, dismantle, destroy or otherwise dispose of a wreck that was the subject of a report referred to in subsection 58(1), or authorize its disposition, only if
(a)30 days have elapsed after the day on which notice was given that the wreck was reported; or
(b)in the opinion of the receiver, the wreck is likely to deteriorate rapidly.
Proceeds held by receiver of wreck
(2)The proceeds, if any, of a disposition under subsection (1) must be held by the receiver of wreck for not less than 30 days after the day on which the disposition occurred.
Payment to Receiver General
(3)The proceeds of a disposition under subsection (1) must be paid, less the amounts described in paragraphs 61(c) to (e), to the Receiver General
(a)if no claim has been submitted in accordance with paragraph 61(a); or
(b)if a claim to the wreck has not been established within the period that the receiver of wreck considers appropriate.
Consent not required
64A person that has been awarded all or part of a wreck under section 59 or that obtains a wreck under section 63 is not required to obtain the consent of its owner to register it as a vessel or obtain a pleasure craft licence for it under the Canada Shipping Act, 2001.
Unpaid salvage award, fees, etc.
65If a person has established a claim to a wreck, but has not paid the salvage award or the costs and expenses described in paragraphs 61(c) to (e) within 30 days after the day on which the receiver of wreck notified the person that the amounts were due, the receiver may sell, dismantle, destroy or otherwise dispose of all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the award and the costs and expenses described in paragraphs 61(c) to (e), and release whatever remains of the wreck and pay any amount that remains from the proceeds to that person.

General

Prosecutions or violations
66In any proceeding related to a contravention of this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.
PART 5

Administration and Enforcement

Measures Relating to Hazards

Minister of Fisheries and Oceans — authority to enter
67(1)The Minister of Fisheries and Oceans may, in exercising the powers referred to in sections 21, 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, enter a place, including a vessel or wreck.
Powers on entry
(2)The Minister of Fisheries and Oceans may, in exercising those powers or for that purpose,
(a)examine the place and anything in the place;
(b)use any means of communication or cause it to be used;
(c)use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it;
(d)prepare or cause to be prepared any record, in the form of a printout or other intelligible output, from the data;
(e)direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document;
(f)use any copying equipment or cause it to be used;
(g)conduct tests or analyses;
(h)take measurements or samples;
(i)take photographs or make recordings or sketches;
(j)remove anything for the purposes of examination, testing or copying;
(k)direct any person to put anything into operation or to cease operating it;
(l)prohibit or limit access to all or part of the place or to anything in the place; and
(m)direct any person to establish their identity to his or her satisfaction.
Minister of Fisheries and Oceans — other powers
(3)The Minister of Fisheries and Oceans, in exercising the powers referred to in sections 21, 22 and 36 or for the purposes of determining whether a vessel or wreck poses, or may pose, a hazard, may
(a)direct any person to provide any information; and
(b)direct the vessel, if it is about to enter or is within Canadian waters or in the exclusive economic zone of Canada,
(i)to stop,
(ii)to provide any information,
(iii)to proceed through those waters or to the place that he or she may specify within those waters, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,
(iv)to proceed out of those waters, by the route and in the manner that he or she may specify, or
(v)to remain outside those waters.
Emergency zone
(4)The Minister of Fisheries and Oceans may, if he or she has reasonable grounds to believe that a vessel or wreck poses a hazard that is grave and imminent, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and
(a)direct any vessel within that emergency zone to report its position to him or her;
(b)direct any person or vessel to leave or not to enter the emergency zone or any vessel not to leave the emergency zone; and
(c)direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.
Exclusive economic zone
(5)Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.
Disposition of samples
68(1)The Minister of Fisheries and Oceans may dispose of a sample taken under paragraph 67(2)‍(h) in any manner that he or she considers appropriate or may submit it for analysis or examination to any person that he or she considers appropriate.
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.
Return of anything removed
69(1)Anything removed under paragraph 67(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 opinion of the Minister of Fisheries and Oceans, is no longer useful; or
(b)the owner is unknown or cannot be located.
Thing not returned
(2)The Minister of Fisheries and Oceans may dispose of anything that is not returned under subsection (1), in the manner that he or she considers appropriate, and any proceeds realized from the disposition are to be paid to the Receiver General.
Interference
70Unless authorized by the Minister of Fisheries and Oceans, it is prohibited for a person to knowingly move, alter or interfere in any way with a sample taken under paragraph 67(2)‍(h) or anything removed under paragraph 67(2)‍(j).

Designation of Enforcement Officers

Designation by Minister
71The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of this Act — other than subsection 19(1), section 20, subsection 21(1), paragraph 36(c), subsection 37(1), paragraphs 67(2)‍(e), (k) and (m), subsections 67(3) and (4) and section 70 — and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.
Designation by Minister of Fisheries and Oceans
72The Minister of Fisheries and Oceans may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of all or part of subsection 19(1), section 20, subsection 21(1), paragraph 36(c), subsection 37(1), paragraphs 37(3)‍(c), 67(2)‍(e), (k) and (m), subsections 67(3) and (4) and sections 70, 87 and 88 and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Act.
Certificate of designation
73The Minister or the Minister of Fisheries and Oceans, as the case may be, must provide every enforcement officer with a certificate of their designation and, if the officer’s powers are limited under section 71 or 72, the certificate must specify the powers that the officer may exercise.

Compliance Measures

Authority to enter
74(1)An enforcement officer may, for a purpose related to verifying compliance or preventing non-compliance with this Act, enter a place, including a vessel or wreck, in which the enforcement officer has reasonable grounds to believe that
(a)there is anything to which this Act applies;
(b)there has been carried on, is being carried on or is likely to be carried on any activity in respect of which this Act applies; or
(c)there is any book, record, electronic data or other document relating to the application of this Act.
Powers on entry
(2)The enforcement officer may, for that purpose,
(a)examine the place and anything in the place;
(b)use any means of communication or cause it to be used;
(c)use any computer system or data processing system, or cause it to be used, to examine data contained in or available to it;
(d)prepare or cause to be prepared any record, in the form of a printout or other intelligible output, from the data;
(e)direct any person to produce for inspection, or for the purposes of making copies or taking extracts, any document;
(f)use any copying equipment or cause it to be used;
(g)conduct tests or analyses;
(h)take measurements or samples;
(i)take photographs or make recordings or sketches;
(j)remove anything for the purposes of examination, testing or copying;
(k)direct any person to put anything into operation or to cease operating it;
(l)prohibit or limit access to all or part of the place or to anything in the place; and
(m)direct any person to establish their identity to the enforcement officer’s satisfaction.
Powers — direction to provide information
(3)An enforcement officer may, for a purpose related to verifying compliance or preventing non-compliance with this Act,
(a)direct any person to provide any information; and
(b)direct a vessel, if it is about to enter or is within Canadian waters or in the exclusive economic zone of Canada, to provide any information.
Powers — direction to vessel
(4)If an enforcement officer has reasonable grounds to believe that an offence under this Act has been committed, they may direct a vessel that is about to enter or is within Canadian waters or in the exclusive economic zone of Canada
(a)to stop;
(b)to proceed through those waters or to the place within those waters that they may specify, by the route and in the manner that they may specify, and to moor, anchor or remain there for any reasonable period that they may specify;
(c)to proceed out of those waters, by the route and in the manner that they may specify; or
(d)to remain outside those waters.
Exclusive economic zone
(5)Every power that may be exercised in Canada under this section may be exercised in the exclusive economic zone of Canada.
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.
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.
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.
Telewarrant
(4)If an enforcement officer believes that it would not be practicable to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication, on information submitted by telephone or other means of telecommunication, and section 487.‍1 of the Criminal Code applies for that purpose, with any necessary modifications.
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.
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.
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.
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.
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.
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.
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.
Interference
78Unless 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).
Seizure
79For 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.
Custody of things seized
80If 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.
Liability for costs and expenses
81If 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.
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.
Order in writing
(2)A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel.
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.
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.
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.
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.
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.
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.
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.
Notice of rescission
(10)An enforcement officer who rescinds a detention order must notify, in the form and manner specified by the Minister, the persons referred to in subsection (2) and the persons on whom the notice was served under paragraph (3)‍(a) of the rescission.
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.
Return of security
(12)If, in the Minister’s opinion, the matter has been resolved, he or she
(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.
Interference with service of notice
83It is prohibited for a person to intentionally interfere with the service of a notice of a detention order.
Permission or direction to move vessel
84(1)The Minister 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 Minister’s directions; 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 Minister’s directions.
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 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 may authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative or, in the absence of an authorized representative, the owner.
References
85For 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

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.
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.
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).
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).
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.
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.
Duty to assist
87The 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

Obstruction
88It 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

Definition of Minister
89In 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

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).
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).
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.
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.
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.
Purpose of penalty
(6)The purpose of the penalty is to promote compliance with this Act and not to punish.
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.
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.
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.
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.
Assurance of compliance or notice of violation
91(1)If the Minister has reasonable grounds to believe that a person or vessel has committed a violation, the Minister may
(a)enter into an assurance of compliance with the person or vessel that
(i)identifies the violation and provides that the person or vessel will comply with the provision to which the violation relates within the period, and be subject to the terms and conditions, specified in the assurance,
(ii)sets out the amount and form of any security that, pending compliance with the assurance, must be deposited with the Minister, and
(iii)sets out the penalty that the person or vessel would have been liable to pay for the violation if the assurance had not been entered into; or
(b)issue, and cause to be served on the person or vessel, a notice of violation that names the person or vessel, identifies the violation and sets out
(i)the penalty that the person or vessel is liable to pay for the violation,
(ii)the period, being 30 days after the day on which the notice is served, within which the penalty must be paid or a review must be requested, and
(iii)particulars of the manner in which, and the address at which, the penalty must be paid or a review must be requested.
Extension of period
(2)The Minister may extend the period specified under subparagraph (1)‍(a)‍(i) if the Minister is satisfied that the person or vessel is unable to comply with the assurance of compliance for reasons beyond the person’s or vessel’s control.
Short-form descriptions in notices of violation
(3)The Minister may establish, in respect of each violation, a short-form description to be used in notices of violation.
Deemed violation
92(1)A person or vessel that enters into an assurance of compliance under paragraph 91(1)‍(a) is, unless a review is requested under subsection (2), deemed to have committed the violation in respect of which the assurance was entered into.
Request for review
(2)A person or vessel that enters into an assurance of compliance may, within 48 hours after the assurance is signed, unless a notice of default is served within that period under subsection 94(1), file a request with the Transportation Appeal Tribunal for a review of the facts of the violation, in which case the assurance is deemed to be a notice of violation and a review under paragraph 97(1)‍(b) of the facts of the violation and of the amount of the penalty is deemed to have been requested.
When assurance of compliance complied with
93If the Minister is satisfied that a person or vessel that has entered into an assurance of compliance under paragraph 91(1)‍(a) has complied with it, he or she must cause a notice to that effect to be served on the person or vessel and, on the service of the notice,
(a)no further proceedings may be taken against the person or vessel with respect to the violation in respect of which the assurance was entered into; and
(b)any security deposited under subparagraph 91(1)‍(a)‍(ii) must be returned to the person or vessel.
When assurance of compliance not complied with
94(1)If the Minister is of the opinion that a person or vessel that has entered into an assurance of compliance under paragraph 91(1)‍(a) has not complied with it, the Minister may cause a notice of default to be served on the person or vessel to the effect that, unless a member determines under section 95, or an appeal panel decides under section 98, that the assurance has been complied with,
(a)the person or vessel is liable to pay double the amount of the penalty set out in the assurance; or
(b)the security deposited under subparagraph 91(1)‍(a)‍(ii) is forfeited to Her Majesty in right of Canada.
Contents of notice
(2)The notice must include the address at which, and the date, being 30 days after the day on which the notice is served, on or before which a request for a review may be filed and the particulars concerning the procedure for requesting a review.
No set-off
(3)On the service of a notice of default, the person or vessel served has no right of set-off against any amount spent by the person or vessel under the assurance of compliance.
Request for review
95(1)A person or vessel served with a notice under subsection 94(1) may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under that subsection with the Tribunal.
Time and place for review
(2)On receipt of the request, the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.
Review procedure
(3)The member of the Transportation Appeal Tribunal who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.
Burden of proof
(4)The burden is on the Minister to establish that the person or vessel did not comply with the assurance of compliance referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.
Certain defences not available
(5)Despite subsections 90(9) and (10), a person or vessel does not have a defence by reason that the person or vessel exercised due diligence to comply with the assurance of compliance.
Determination by member
(6)At the conclusion of the review, the member who conducts the review may confirm the Minister’s decision or determine that the person or vessel has complied with the assurance of compliance and must without delay inform the parties of his or her decision.
Return of security
96Any security deposited under subparagraph 91(1)‍(a)‍(ii) must be returned to the person or vessel if
(a)a notice is served under subsection 94(1) and the person or vessel pays double the amount of the penalty set out in the assurance of compliance; or
(b)a member determines under subsection 95(6), or an appeal panel decides under subsection 98(3), that the assurance has been complied with.
Notice of violation — options
97(1)A person or vessel served with a notice of violation under paragraph 91(1)‍(b) must
(a)pay the amount of the penalty; or
(b)within 30 days after the day on which the notice was served or any further time that the Transportation Appeal Tribunal on application allows, file with the Transportation Appeal Tribunal a written request for a review of the facts of the violation or the amount of the penalty.
When review not requested
(2)If a review is not requested within the period referred to in paragraph (1)‍(b), or the amount of the penalty is paid, the person or vessel is considered to have committed the violation in respect of which the notice was served and proceedings in respect of the violation are ended.
Time and place for review
(3)On receipt of a request filed under paragraph (1)‍(b), the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.
Review procedure
(4)The member of the Transportation Appeal Tribunal assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.
Burden of proof
(5)The burden is on the Minister to establish that the person or vessel committed the violation referred to in the notice. The person is not required, and must not be compelled, to give any evidence or testimony in the matter.
Determination by member
(6)At the conclusion of the review, the member who conducts the review must, without delay and in writing, inform the Minister and the person or vessel that is alleged to have committed a violation
(a)that the person or vessel has not committed a violation, in which case, subject to section 98, no further proceedings under this Act are to be taken against the person or vessel in respect of the alleged violation; or
(b)that the person or vessel has committed a violation and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), of the amount determined by the member to be payable to the Transportation Appeal Tribunal by or on behalf of the person or vessel and the period within which it must be paid.
Right of appeal
98(1)The Minister or the person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection 95(6) or 97(6), appeal the determination to the Transportation Appeal Tribunal.
Loss of right of appeal
(2)A party that does not appear at the review hearing is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal
(3)At the conclusion of the review, the appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may
(a)in the case of a determination made under subsection 95(6), dismiss the appeal or allow the appeal and substitute its own decision; or
(b)in the case of a determination made under subsection 97(6), dismiss the appeal, or allow the appeal and, subject to subsections 90(4) and (5) and regulations made under paragraph 109(b), substitute its own decision.
The appeal panel must inform the parties of its decision without delay and must specify the period within which any amount determined by the appeal panel to be payable to the Transportation Appeal Tribunal must be paid.

Recovery of Debts

Debts due to Her Majesty
99(1)The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court or any other court of competent jurisdiction:
(a)the amount of a penalty set out in a notice of violation referred to in paragraph 91(1)‍(b), from the expiry of the period specified in the notice for the payment of that amount, unless a review is requested under subsection 97(1);
(b)the amount of a penalty set out in a notice of default referred to in subsection 94(1), from the time the notice is served, unless a review is requested under subsection 95(1);
(c)the amount of a penalty determined by a member under section 97, or decided by an appeal panel under section 98, from the expiry of the period specified in the decision for the payment of that amount; and
(d)the amount of any costs and expenses referred to in subsection (3).
Limitation or prescription period
(2)Proceedings to recover a debt referred to in subsection (1) may be commenced no later than five years after the day on which the debt becomes payable.
Liability
(3)A person or vessel that is liable to pay an amount referred to in paragraph (1)‍(a), (b) or (c) is also liable for the amount of any costs and expenses incurred in attempting to recover that amount.
Certificate of default
100(1)All or part of a debt referred to in subsection 99(1) in respect of which there is a default of payment may be certified by the Minister or the Transportation Appeal Tribunal, as the case may be.
Effect of registration
(2)On production to the Federal Court, a certificate made under subsection (1) is to be registered in that Court and, when registered, has the same force and effect, and proceedings may be taken in connection with it, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all costs and expenses attendant on its registration.

General

Proof of violation by vessel
101It is sufficient proof that a vessel has committed a violation to establish that the act or omission that constitutes the violation was committed by a person in charge of the vessel, whether or not the person has been identified.
Party to violation committed by vessel
102(1)If a vessel commits a violation under this Act and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the violation, that person is a party to and liable for the violation, whether or not the vessel has been proceeded against under sections 91 to 100.
Party to violation committed by corporation
(2)If a corporation commits a violation under this Act, any director, officer or agent or mandatary of the corporation that directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation, whether or not the corporation has been identified or proceeded against under sections 91 to 100.
Violation by employee or agent or mandatary
103A person is liable for a violation that is committed by the person’s employee or agent or mandatary, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.
Direction to vessel
104For the purposes of a proceeding against a vessel for a violation in respect of a contravention of a direction given under this Act, a direction is deemed to have been given to the vessel 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.
Limitation or prescription period
105No notice of violation may be issued more than two years after the day on which an enforcement officer becomes aware of the violation.
Certificate
106A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the violation is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the violation on that day.

Public Record

Disclosure of notices of violation and default
107The Minister may keep a public record of notices of violation or default, including, with respect to each violation or default, the nature of the violation or default, the name of the person or vessel that committed it and the amount of the penalty.
Notations removed
108(1)Unless the Minister is of the opinion that it is not in the public interest to do so, on the fifth anniversary of the day on which the person or vessel has paid every penalty that the person or vessel is liable to pay under this Act, the Minister must remove a notice of violation or default from the public record of notices of violation or default.
Duty to notify
(2)If the Minister is of the opinion that removal of a notation is not in the public interest, he or she must give notice of that fact to the person or vessel in writing, and provide the grounds for that opinion.
Contents of notice
(3)The notice must include the address at which, and the date, being 30 days after the day on which the notice is served, on or before which, a request for a review may be filed and the particulars concerning the procedure for requesting a review.
Request for review
(4)The person or vessel may, no later than the date specified in the notice or within any further time that the Transportation Appeal Tribunal on application may allow, file a written request for a review of the Minister’s decision made under subsection (2) with the Tribunal.
Time and place for review
(5)On receipt of the request, the Transportation Appeal Tribunal must appoint a time and place for the review and must notify the Minister and the person or vessel that filed the request of that time and place in writing.
Review procedure
(6)The member of the Transportation Appeal Tribunal who is assigned to conduct the review must provide the Minister and the person or vessel with an opportunity that is consistent with procedural fairness and natural justice to present evidence and make representations.
Determination by member
(7)The member who conducts the review may confirm the Minister’s decision or refer the matter back to the Minister for reconsideration.
Right of appeal
(8)The person or vessel that requested the review may, within 30 days after the day on which a determination is made under subsection (7), appeal the determination to the Transportation Appeal Tribunal.
Loss of right of appeal
(9)If the person or vessel does not appear at the review hearing, the person or vessel is not entitled to appeal the determination, unless they establish that there was sufficient reason to justify their absence.
Disposition of appeal
(10)The appeal panel of the Transportation Appeal Tribunal that is assigned to hear the appeal may dismiss it or refer the matter back to the Minister for reconsideration.

Regulations

Governor in Council
109For the purposes of sections 90 to 108, the Governor in Council may, on the recommendation of the Minister, make regulations
(a)designating as a violation — in addition to a violation that is already set out in subsection 90(1) or (2) — the contravention of
(i)any specified provision of this Act or of the regulations, or
(ii)any direction given under any specified provision of this Act or of the regulations;
(b)establishing a penalty or a range of penalties in respect of a violation up to the maximum amount set out in subsection 90(4) or (5), as the case may be;
(c)if a range of penalties is established by regulations made under paragraph (b), respecting the method of determining the amount payable as the penalty for the violation, including the criteria to be taken into account;
(d)respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be reduced in whole or in part; and
(e)respecting persons who can request a review on behalf of a vessel in relation to an alleged violation by the vessel.

Offences and Punishment

Offences and Punishment

Offence — persons
110(1)Every person that contravenes any of the following commits an offence:
(a)subsection 24(2) or 26(2);
(b)subsection 19(1), section 20, 31 or 33, subsection 58(1) or (3), section 60 or 78 or subsection 82(7) or (8);
(c)subsection 30(1), 32(1) or 34(1) or section 70, 78, 83, 87 or 88;
(d)a direction given under paragraph 37(3)‍(c), 58(4)‍(b), 67(2)‍(e), (k) or (m) or (3)‍(a), 74(2)‍(e), (k) or (m) or (3)‍(a) or 84(1)‍(b);
(e)a direction given under subsection 21(1), paragraph 30(3)‍(c) or 36(c), subsection 37(1) or (2) or paragraph 67(4)‍(b);
(f)a provision of the regulations.
Offence — vessels
(2)Every vessel that contravenes any of the following commits an offence:
(a)paragraph 24(1)‍(a) or (b);
(b)a direction given under paragraph 37(3)‍(c), 67(3)‍(b) or 74(3)‍(b) or subsection 74(4);
(c)a direction given under paragraph 30(3)‍(c) or 36(c) or subsection 67(4);
(d)a provision of the regulations.
Punishment — certificates
(3)Every person or vessel that commits an offence under paragraph (1)‍(a) or (2)‍(a) is liable on summary conviction to a fine of not more than $100,000.
Punishment — individuals
(4)Every individual who commits an offence under paragraph (1)‍(c) or (e) is liable
(a)on conviction on indictment to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; or
(b)on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.
Punishment — individuals
(5)Every individual who commits an offence under any of paragraphs (1)‍(b), (d) and (f) is liable on summary conviction to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both.
Punishment — other persons and vessels
(6)Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)‍(c) and (e) and (2)‍(c) is liable
(a)on conviction on indictment to a fine of not less than $500,000 and not more than $6,000,000; or
(b)on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.
Punishment — other persons and vessels
(7)Every person, other than an individual, or vessel that commits an offence under any of paragraphs (1)‍(b), (d) and (f) and (2)‍(b) and (d) is liable on summary conviction to a fine of not less than $100,000 and not more than $4,000,000.
Relief from minimum fine
111The court may impose a fine that is less than the minimum amount provided for in subsections 110(4) to (7) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship or would be grossly disproportionate to the nature and gravity of the offence. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections.
Continuing offences
112If an offence under section 110 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Court order
113If a person is found guilty of an offence under this Act, the court may, in addition to any other punishment it may impose, make an order
(a)prohibiting the person from doing any act or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
(b)directing the person to take any action the court considers appropriate to remedy or avoid any harm that results or may result from the commission of the offence;
(c)directing the person to pay the Minister or the Minister of Fisheries and Oceans an amount of money as compensation, in whole or in part, for the costs and expenses of any remedial or preventive action taken by or caused to be taken on behalf of the Minister or the Minister of Fisheries and Oceans as a result of the commission of the offence; and
(d)prohibiting the person from operating a vessel or providing services essential to the operation of a vessel for the period or at the times and places that may be specified in the order.
Service
114(1)If a vessel is charged with an offence under subsection 110(2), the summons must be served
(a)by delivering it to the authorized representative of the vessel or, in the absence of an authorized representative, a person in charge of the vessel; or
(b)if service cannot reasonably be effected in the manner provided in paragraph (a), by posting the summons on any conspicuous part of the vessel.
Appearance at trial
(2)If a vessel is charged with an offence under subsection 110(2), the vessel may appear by counsel or representative before the court. Despite the Criminal Code, if the vessel does not so appear, a court may, on proof of service of the summons, proceed to hold the trial.
Proof of offence by vessel
115In a prosecution of a vessel for an offence under subsection 110(2), it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by a person in charge of the vessel, whether or not the person has been identified.
Party to offence committed by vessel
116(1)If a vessel commits an offence under subsection 110(2) and a person in charge of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, that person is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the vessel has been prosecuted or convicted.
Party to offence committed by corporation
(2)If a corporation commits an offence under this Act, any director, officer or agent or mandatary of the person who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.
Offence by employee or agent or mandatary
117A person is liable for an offence that is committed by the person’s employee or their agent or mandatary, whether or not the employee or agent or mandatary who actually committed the offence is identified or prosecuted for the offence under this Act.
Direction to vessel
118For the purposes of prosecuting a vessel for contravening a direction given under this Act, a direction is deemed to have been given to the vessel 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.
Due diligence defence — persons
119(1)A person must not be found guilty of an offence under this Act, other than in relation to a contravention of subsection 34(1) or 60(2) or section 70, 83 or 88, if they establish that they exercised due diligence to prevent its commission.
Due diligence defence — vessels
(2)A vessel must not be found guilty of an offence under this Act if the person that committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
Limitation or prescription period
120(1)Proceedings by way of summary conviction under this Act may be commenced no later than two years after the day on which an enforcement officer becomes aware of the subject matter of the proceedings.
Certificate
(2)A document that purports to have been issued by the enforcement officer and that certifies the day on which they became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the enforcement officer became aware of the subject matter on that day.
Defendant outside Canada
(3)If the proceedings cannot be commenced because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.

Forfeiture, Retention or Disposition

Forfeiture
121(1)If a person is found guilty of an offence, the court may, in addition to any punishment imposed, order that any seized thing under this Act, or any proceeds of its disposition, be forfeited to Her Majesty in right of Canada.
Return where no forfeiture ordered
(2)If the court does not order the forfeiture, the seized thing or the proceeds of its disposition must be returned or paid to its owner.
Protection of persons claiming interest
(3)The provisions of sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any thing forfeited under subsection (1) as though it were a thing forfeited under subsection 72(1) of that Act.
Retention or disposition
122If a fine is imposed on a person convicted of an offence, any seized thing, or any proceeds of its disposition, may be retained until the fine is paid, or the thing may be disposed of and the proceeds applied, in whole or in part, in payment of the fine.

Jurisdiction

Jurisdiction in relation to offences
123If a person or a vessel is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person or vessel within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been committed there.

Reporting of Alleged Contraventions

Reasonable grounds
124(1)An individual who has reasonable grounds to believe that a person or vessel has contravened or intends to contravene a provision of this Act or the regulations may notify the minister responsible for administering that provision of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
Confidentiality
(2)The identity of an individual to whom the Minister or the Minister of Fisheries and Oceans has provided an assurance of confidentiality may be disclosed by the Minister or the Minister of Fisheries and Oceans only in accordance with the Privacy Act.

Injunction

Injunction
125(1)If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has committed, is about to commit or is likely to commit an act or omission that constitutes or is directed toward the commission of an offence under this Act, the court may order the person named in the application to
(a)refrain from doing an act that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or
(b)do an act that it appears to the court may prevent the commission of an offence under this Act.
Notice
(2)No order may be made unless 48 hours’ notice is served on the person named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
PART 6

General

Statutory Instruments Act
126A direction or detention order under this Act is not a statutory instrument for the purposes of the Statutory Instruments Act.
Immunity — personal liability
127(1)The following persons are not personally liable for anything they do or omit to do under this Act unless it is established that they acted in bad faith:
(a)a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act;
(b)a receiver of wreck and a person authorized or within a class of persons authorized under subsection 57(2); and
(c)an enforcement officer.
Crown not relieved
(2)Paragraphs (1)‍(a) and (b) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability for a tort or extracontractual civil liability to which the Crown would otherwise be subject, except if a receiver of wreck, or a person authorized or within a class of persons authorized under subsection 57(2), disposes of or releases a wreck or pays the proceeds of its disposition in accordance with Part 4.
Immunity — civil or criminal liability
128(1)A person, other than an owner that contravened subsection 30(1) and an owner of a vessel that was the subject of measures under section 35 or 36 or subsection 37(3) or (4), that provides assistance or advice to the Minister, the Minister of Fisheries and Oceans or an enforcement officer in taking or refraining from taking measures under this Act, or that is directed to take or refrain from taking measures under paragraph 30(3)‍(c), 36(c) or 37(3)‍(c) or subsection 37(4), in respect of any act or omission in the course of providing assistance or advice or taking or refraining from taking any measures, does not incur
(a)civil liability, unless it is established that the person acted in bad faith; or
(b)criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances.
Immunity — accompanying persons
(2)Any person accompanying the Minister, an enforcement officer or the Minister of Fisheries and Oceans does not incur, in respect of that which is authorized by subsections 86(2) to (4),
(a)civil liability, unless it is established that the person acted in bad faith; or
(b)criminal liability, unless it is shown that the person’s conduct was not reasonable in the circumstances.
Costs constituting debt
129(1)The amount of the costs and expenses incurred by the Minister or the Minister of Fisheries and Oceans, in respect of measures taken under any of subsections 21(2) and (3), section 22, paragraphs 30(3)‍(a) to (c), section 35, paragraphs 36(a) to (c) and subsection 37(3) and (4), constitutes a debt due to Her Majesty in right of Canada that may be recovered
(a)in the case of measures taken under subsection 21(2) or (3) or section 22, from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck; or
(b)in the case of measures taken under any of paragraphs 30(3)‍(a) to (c), section 35, paragraphs 36(a) to (c) and subsections 37(3) and (4), from the person that was the owner of the vessel or wreck at the time the costs and expenses were incurred.
Liability
(2)If more than one person was the owner of the vessel referred to in subsection (1), the owners are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.
Other remedies available
(3)Nothing in this Act prevents a debt referred to in subsection (1) from being recovered from the debtor in any court of competent jurisdiction or the exercise against the debtor of any other right or remedy available at law.
PART 7

Regulations

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;
(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.
Debt due to Her Majesty
(2)All fees set under paragraph (1)‍(o) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Payment of fees
(3)If a fee is imposed under paragraph (1)‍(o)
(a)in respect of a pleasure craft that is not a Canadian vessel, its owner is liable for payment of the fee;
(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; 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.
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.
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.
Regulations — Minister and Minister responsible for Parks Canada Agency
131(1)The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations
(a)respecting the salvage of wrecks or classes of wrecks specified by regulations made under paragraph (b);
(b)specifying wrecks or classes of wrecks that have heritage value;
(c)respecting the protection and preservation of wrecks or classes of wrecks that have heritage value, and providing for the issuance of permits to access those wrecks;
(d)authorizing the designation of enforcement officers to ensure compliance with the regulations made under any of paragraphs (b) and (c) and (e) to (h), and specifying their powers, duties and functions;
(e)authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person with whom an agreement or arrangement is entered into to exercise the powers or perform the duties or functions under those regulations that are specified in the agreement or arrangement;
(f)exempting wrecks or classes of wrecks that have heritage value from the application of any provision of Part 4;
(g)exempting any geographical area from the application of regulations made under paragraph (c) or (d); and
(h)respecting the setting and payment of fees, and the determination and payment of costs and expenses, for services provided in the administration of regulations made under this subsection.
Debt due to Her Majesty
(2)All fees, costs and expenses referred to in paragraph (1)‍(h) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
PART 8

Transitional Provision and Related and Consequential Amendments

Transitional Provision

Section 20 of Navigation Protection Act
132A notice given under section 20 of the Navigation Protection Act before the day on which section 138 comes into force is deemed to have been given under subsection 38(2).

Related Amendments

1996, c. 31

Oceans Act

133Subsection 41(1) of the Oceans Act is amended by adding the following after paragraph (b):
(c)response to wrecks and hazardous or dilapidated ships;
2002, c. 18

Canada National Marine Conservation Areas Act

2012, c. 31, s. 346
134Subsection 16(5) of the Canada National Marine Conservation Areas Act is replaced by the following:
Conflicts
(5)Regulations referred to in subsection (2), (3) or (4) prevail over regulations made under the Fisheries Act, the Coastal Fisheries Protection Act, the Canada Shipping Act, 2001, the Arctic Waters Pollution Prevention Act, the Navigation Protection Act, the Aeronautics Act or the Wrecked, Abandoned or Hazardous Vessels Act to the extent of any conflict between them.

Consequential Amendments

R.‍S.‍, c. C-50; 1990, c. 8, s. 21

Crown Liability and Proceedings Act

2001, c. 26, s. 295
135The definition Crown ship in section 2 of the Crown Liability and Proceedings Act is replaced by the following:
Crown ship means a Crown vessel as defined in subsection 48(1) of the Wrecked, Abandoned or Hazardous Vessels Act; (navire de l’État)
2001, c. 26, s. 298
136Subsection 7(1) of the Act is replaced by the following:
Limitation or prescription period for salvage proceedings
7(1)Section 53 of the Wrecked, Abandoned or Hazardous Vessels Act applies in respect of salvage services rendered to Crown ships or aircraft as it applies in respect of salvage services rendered to other ships or aircraft.
R.‍S.‍, c. N-22; 2012, c. 31, s. 316

Navigation Protection Act

137The Navigation Protection Act is amended by adding the following before section 15:
Non-application
14.‍2Sections 15 to 19 do not apply in respect of a wreck to which Part 1 of the Wrecked, Abandoned or Hazardous Vessels Act applies.
2012, c. 31, s. 320
138Section 20 of the Act is repealed.
139The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:
(Section 3, subsections 4(1) and (3), 5(1) and 6(1), section 8, subsections 9(1), 10(1), 12(1), 13(1), 15(1), 16(1), 17(1) and 19(1), paragraphs 28(1)‍(e) and (2)‍(b) and (c) and subsections 29(2) to (4))
R.‍S.‍, c. 1 (2nd Supp.‍)

Customs Act

2001, c. 26, s. 299
140The portion of subsection 16(2) of the Customs Act before paragraph (a) is replaced by the following:
Report of wreck and liability for duties
(2)If any wreck that has come into Canada from outside Canada is released to a person under section 61 of the Wrecked, Abandoned or Hazardous Vessels Act, that person
2001, c. 26

Canada Shipping Act, 2001

2005, c. 29, s. 16(1)
141Paragraphs 35(1)‍(e) to (g) of the Canada Shipping Act, 2001 are replaced by the following:
(e)respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);
(f)respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);
(g)respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1);
142The heading before section 140 of the French version of the Act is replaced by the following:
Définition
143Sections 140 to 147 of the Act are replaced by the following:
Definition of Minister
140In this Part, Minister means the Minister of Transport.
144(1)Paragraph 150(1)‍(b) of the Act is repealed.
2005, c. 2, s. 8
(2)Subsection 150(2) of the Act is repealed.
145Paragraph 152(1)‍(b) of the Act is replaced by the following:
(b)a provision of the regulations made under paragraph 150(1)‍(c).
2005, c. 2, s. 9, c. 29, s. 19
146Part 7 of the Act is repealed.
2014, c. 29, s. 72
147Paragraphs (a) and (b) of the definition relevant provision in section 210 of the Act are replaced with the following:
(a)subsection 40(1) with respect to a provision of the regulations made under paragraph 35(1)‍(e) in relation to Part 10 (Pleasure Craft); and
(b)a provision of Part5 (Navigation Services) or10 (Pleasure Craft) or a provision of any regulation made under either of those Parts, except a provision of the regulations made under paragraph 136(1)‍(f) in so far as it applies in respect of Canadian vessels or foreign vessels.‍ (disposition visée)
148Subsection 226(1) of the Act is repealed.
149Paragraph 244(d) of the Act is repealed.
2014, c. 29, s. 77
150Section 268.‍1 of the Act is replaced by the following:
Crown not relieved
268.‍1Subsections 11(5) and 12(5), section 45 and subsection195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
151Schedule 3 to the Act is repealed.
2001, c. 29

Transportation Appeal Tribunal of Canada Act

2001, c. 29, s. 71
152Subsection 2(2) of the Transportation Appeal Tribunal of Canada Act is replaced by the following:
Jurisdiction generally
(2)The Tribunal has jurisdiction in respect of reviews and appeals as expressly provided for under the Wrecked, Abandoned or Hazardous Vessels Act, the Aeronautics Act, the Canada Shipping Act, 2001, the Marine Transportation Security Act, the Railway Safety Act and any other federal Act regarding transportation.
PART 9

Review

Review by committee
153(1)As soon as possible after the fifth anniversary of the day on which section 4 comes into force, the provisions of this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.
Report
(2)The committee to which the provisions are referred is to review them and the operation of this Act and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.
PART 10

Coming into Force

Order in council
154(1)The provisions of this Act, other than sections 38, 138 and 139, come into force on a day or days to be fixed by order of the Governor in Council.
Order in council
(2)Sections 38, 138 and 139 come into force on a day to be fixed by order of the Governor in Council.


SCHEDULE 1

(Section 2)
NAIROBI INTERNATIONAL CONVENTION ON THE REMOVAL OF WRECKS, 2007
THE STATES PARTIES TO THE PRESENT CONVENTION,
CONSCIOUS of the fact that wrecks, if not removed, may pose a hazard to navigation or the marine environment,
CONVINCED of the need to adopt uniform international rules and procedures to ensure the prompt and effective removal of wrecks and payment of compensation for the costs therein involved,
NOTING that many wrecks may be located in States’ territory, including the territorial sea,
RECOGNIZING the benefits to be gained through uniformity in legal regimes governing responsibility and liability for removal of hazardous wrecks,
BEARING IN MIND the importance of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, and of the customary international law of the sea, and the consequent need to implement the present Convention in accordance with such provisions,
HAVE AGREED as follows:
Article 1
Definitions
For the purposes of this Convention:
1Convention area means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.
2Ship means a seagoing vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources.
3Maritime casualty means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo.
4Wreck, following upon a maritime casualty, means:
(a)a sunken or stranded ship; or
(b)any part of a sunken or stranded ship, including any object that is or has been on board such a ship; or
(c)any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or
(d)a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.
5Hazard means any condition or threat that:
(a)poses a danger or impediment to navigation; or
(b)may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States.
6Related interests means the interests of a coastal State directly affected or threatened by a wreck, such as:
(a)maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;
(b)tourist attractions and other economic interests of the area concerned;
(c)the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and
(d)offshore and underwater infrastructure.
7Removal means any form of prevention, mitigation or elimination of the hazard created by a wreck. “Remove”, “removed” and “removing” shall be construed accordingly.
8Registered owner means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship at the time of the maritime casualty. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the operator of the ship, “registered owner” shall mean such company.
9Operator of the ship means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as amended.
10Affected State means the State in whose Convention area the wreck is located.
11State of the ship’s registry means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly.
12Organization means the International Maritime Organization.
13Secretary-General means the Secretary-General of the Organization.
Article 2
Objectives and general principles
1A State Party may take measures in accordance with this Convention in relation to the removal of a wreck which poses a hazard in the Convention area.
2Measures taken by the Affected State in accordance with paragraph 1 shall be proportionate to the hazard.
3Such measures shall not go beyond what is reasonably necessary to remove a wreck which poses a hazard and shall cease as soon as the wreck has been removed; they shall not unnecessarily interfere with the rights and interests of other States including the State of the ship’s registry, and of any person, physical or corporate, concerned.
4The application of this Convention within the Convention area shall not entitle a State Party to claim or exercise sovereignty or sovereign rights over any part of the high seas.
5States Parties shall endeavour to co-operate when the effects of a maritime casualty resulting in a wreck involve a State other than the Affected State.
Article 3
Scope of application
1Except as otherwise provided in this Convention, this Convention shall apply to wrecks in the Convention area.
2A State Party may extend the application of this Convention to wrecks located within its territory, including the territorial sea, subject to Article 4, paragraph 4. In that case, it shall notify the Secretary-General accordingly, at the time of expressing its consent to be bound by this Convention or at any time thereafter. When a State Party has made a notification to apply this Convention to wrecks located within its territory, including the territorial sea, this is without prejudice to the rights and obligations of that State to take measures in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing them in accordance with this Convention. The provisions of articles 10, 11 and 12 of this Convention shall not apply to any measures so taken other than those referred to in articles 7, 8 and 9 of this Convention.
3When a State Party has made a notification under paragraph 2, the “Convention area” of the Affected State shall include the territory, including the territorial sea, of that State Party.
4A notification made under paragraph 2 above shall take effect for that State Party, if made before entry into force of this Convention for that State Party, upon entry into force. If notification is made after entry into force of this Convention for that State Party, it shall take effect six months after its receipt by the Secretary-General.
5A State Party that has made a notification under paragraph 2 may withdraw it at any time by means of a notification of withdrawal to the Secretary-General. Such notification of withdrawal shall take effect six months after its receipt by the Secretary-General, unless the notification specifies a later date.
Article 4
Exclusions
1This Convention shall not apply to measures taken under the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, as amended, or the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973, as amended.
2This Convention shall not apply to any warship or other ship owned or operated by a State and used, for the time being, only on Government non-commercial service, unless that State decides otherwise.
3Where a State Party decides to apply this Convention to its warships or other ships as described in paragraph 2, it shall notify the Secretary-General, thereof, specifying the terms and conditions of such application.
4 (a)When a State Party has made a notification under article 3, paragraph 2, the following provisions of this Convention shall not apply in its territory, including the territorial sea:
(i)Article 2, paragraph 4;
(ii)Article 9, paragraphs 1, 5, 7, 8, 9 and 10; and
(iii)Article 15.
(b)Article 9, paragraph 4, insofar as it applies to the territory, including the territorial sea of a State Party, shall read:
Subject to the national law of the Affected State, the registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.
Article 5
Reporting wrecks
1A State Party shall require the master and the operator of a ship flying its flag to report to the Affected State without delay when that ship has been involved in a maritime casualty resulting in a wreck. To the extent that the reporting obligation under this article has been fulfilled either by the master or the operator of the ship, the other shall not be obliged to report.
2Such reports shall provide the name and the principal place of business of the registered owner and all the relevant information necessary for the Affected State to determine whether the wreck poses a hazard in accordance with article 6, including:
(a)the precise location of the wreck;
(b)the type, size and construction of the wreck;
(c)the nature of the damage to, and the condition of, the wreck;
(d)the nature and quantity of the cargo, in particular any hazardous and noxious substances; and
(e)the amount and types of oil, including bunker oil and lubricating oil, on board.
Article 6
Determination of hazard
When determining whether a wreck poses a hazard, the following criteria should be taken into account by the Affected State:
(a)the type, size and construction of the wreck;
(b)depth of the water in the area;
(c)tidal range and currents in the area;
(d)particularly sensitive sea areas identified and, as appropriate, designated in accordance with guidelines adopted by the Organization, or a clearly defined area of the exclusive economic zone where special mandatory measures have been adopted pursuant to article 211, paragraph 6, of the United Nations Convention on the Law of the Sea, 1982;
(e)proximity of shipping routes or established traffic lanes;
(f)traffic density and frequency;
(g)type of traffic;
(h)nature and quantity of the wreck’s cargo, the amount and types of oil (such as bunker oil and lubricating oil) on board the wreck and, in particular, the damage likely to result should the cargo or oil be released into the marine environment;
(i)vulnerability of port facilities;
(j)prevailing meteorological and hydrographical conditions;
(k)submarine topography of the area;
(l)height of the wreck above or below the surface of the water at lowest astronomical tide;
(m)acoustic and magnetic profiles of the wreck;
(n)proximity of offshore installations, pipelines, telecommunications cables and similar structures; and
(o)any other circumstances that might necessitate the removal of the wreck.
Article 7
Locating wrecks
1Upon becoming aware of a wreck, the Affected State shall use all practicable means, including the good offices of States and organizations, to warn mariners and the States concerned of the nature and location of the wreck as a matter of urgency.
2If the Affected State has reason to believe that a wreck poses a hazard, it shall ensure that all practicable steps are taken to establish the precise location of the wreck.
Article 8
Marking of wrecks
1If the Affected State determines that a wreck constitutes a hazard, that State shall ensure that all reasonable steps are taken to mark the wreck.
2In marking the wreck, all practicable steps shall be taken to ensure that the markings conform to the internationally accepted system of buoyage in use in the area where the wreck is located.
3The Affected State shall promulgate the particulars of the marking of the wreck by use of all appropriate means, including the appropriate nautical publications.
Article 9
Measures to facilitate the removal of wrecks
1If the Affected State determines that a wreck constitutes a hazard, that State shall immediately:
(a)inform the State of the ship’s registry and the registered owner; and
(b)proceed to consult the State of the ship’s registry and other States affected by the wreck regarding measures to be taken in relation to the wreck.
2The registered owner shall remove a wreck determined to constitute a hazard.
3When a wreck has been determined to constitute a hazard, the registered owner, or other interested party, shall provide the competent authority of the Affected State with evidence of insurance or other financial security as required by article 12.
4The registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.
5When the removal referred to in paragraphs 2 and 4 has commenced, the Affected State may intervene in the removal only to the extent necessary to ensure that the removal proceeds effectively in a manner that is consistent with considerations of safety and protection of the marine environment.
6The Affected State shall:
(a)set a reasonable deadline within which the registered owner must remove the wreck, taking into account the nature of the hazard determined in accordance with article 6;
(b)inform the registered owner in writing of the deadline it has set and specify that, if the registered owner does not remove the wreck within that deadline, it may remove the wreck at the registered owner’s expense; and
(c)inform the registered owner in writing that it intends to intervene immediately in circumstances where the hazard becomes particularly severe.
7If the registered owner does not remove the wreck within the deadline set in accordance with paragraph 6(a), or the registered owner cannot be contacted, the Affected State may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.
8In circumstances where immediate action is required and the Affected State has informed the State of the ship’s registry and the registered owner accordingly, it may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.
9States Parties shall take appropriate measures under their national law to ensure that their registered owners comply with paragraphs 2 and 3.
10States Parties give their consent to the Affected State to act under paragraphs 4 to 8, where required.
11The information referred to in this article shall be provided by the Affected State to the registered owner identified in the reports referred to in article 5, paragraph 2.
Article 10
Liability of the owner
1Subject to article 11, the registered owner shall be liable for the costs of locating, marking and removing the wreck under articles 7, 8 and 9, respectively, unless the registered owner proves that the maritime casualty that caused the wreck:
(a)resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irresistible character;
(b)was wholly caused by an act or omission done with intent to cause damage by a third party; or
(c)was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
2Nothing in this Convention shall affect the right of the registered owner to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
3No claim for the costs referred to in paragraph 1 may be made against the registered owner otherwise than in accordance with the provisions of this Convention. This is without prejudice to the rights and obligations of a State Party that has made a notification under article 3, paragraph 2, in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing in accordance with this Convention.
4Nothing in this article shall prejudice any right of recourse against third parties.
Article 11
Exceptions to liability
1The registered owner shall not be liable under this Convention for the costs mentioned in article 10, paragraph 1 if, and to the extent that, liability for such costs would be in conflict with:
(a)the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended;
(b)the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, as amended;
(c)the Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended, or the Vienna Convention on Civil Liability for Nuclear Damage, 1963, as amended; or national law governing or prohibiting limitation of liability for nuclear damage; or
(d)the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended;
provided that the relevant convention is applicable and in force.
2To the extent that measures under this Convention are considered to be salvage under applicable national law or an international convention, such law or convention shall apply to questions of the remuneration or compensation payable to salvors to the exclusion of the rules of this Convention.
Article 12
Compulsory insurance or other financial security
1The registered owner of a ship of 300 gross tonnage and above and flying the flag of a State Party shall be required to maintain insurance or other financial security, such as a guarantee of a bank or similar institution, to cover liability under this Convention in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases not exceeding an amount calculated in accordance with article 6(1)‍(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.
2A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship of 300 gross tonnage and above by the appropriate authority of the State of the ship’s registry after determining that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party, such certificate shall be issued or certified by the appropriate authority of the State of the ship’s registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This compulsory insurance certificate shall be in the form of the model set out in the annex to this Convention, and shall contain the following particulars:
(a)name of the ship, distinctive number or letters and port of registry;
(b)gross tonnage of the ship;
(c)name and principal place of business of the registered owner;
(d)IMO ship identification number;
(e)type and duration of security;
(f)name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; and
(g)period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other security.
3 (a)A State Party may authorize either an institution or an organization recognized by it to issue the certificate referred to in paragraph 2. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued and shall undertake to ensure the necessary arrangements to satisfy this obligation.
(b)A State Party shall notify the Secretary-General of:
(i)the specific responsibilities and conditions of the authority delegated to an institution or organization recognized by it;
(ii)the withdrawal of such authority; and
(iii)the date from which such authority or withdrawal of such authority takes effect.
An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.
(c)The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.
4The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decides, the official language(s) of the State may be omitted.
5The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship’s registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate.
6An insurance or other financial security shall not satisfy the requirements of this article if it can cease for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification, which results in the insurance or security no longer satisfying the requirements of this article.
7The State of the ship’s registry shall, subject to the provisions of this article and having regard to any guidelines adopted by the Organization on the financial responsibility of the registered owners, determine the conditions of issue and validity of the certificate.
8Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.
9Certificates issued and certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them, even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the certificate is not financially capable of meeting the obligations imposed by this Convention.
10Any claim for costs arising under this Convention may be brought directly against the insurer or other person providing financial security for the registered owner’s liability. In such a case the defendant may invoke the defences (other than the bankruptcy or winding up of the registered owner) that the registered owner would have been entitled to invoke, including limitation of liability under any applicable national or international regime. Furthermore, even if the registered owner is not entitled to limit liability, the defendant may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1. Moreover, the defendant may invoke the defence that the maritime casualty was caused by the wilful misconduct of the registered owner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the registered owner against the defendant. The defendant shall in any event have the right to require the registered owner to be joined in the proceedings.
11A State Party shall not permit any ship entitled to fly its flag to which this article applies to operate at any time unless a certificate has been issued under paragraphs 2 or 14.
12Subject to the provisions of this article, each State Party shall ensure, under its national law, that insurance or other security to the extent required by paragraph 1 is in force in respect of any ship of 300 gross tonnage and above, wherever registered, entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea.
13Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 12.
14If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of registry, stating that it is owned by that State and that the ship’s liability is covered within the limits prescribed in paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.
Article 13
Time limits
Rights to recover costs under this Convention shall be extinguished unless an action is brought hereunder within three years from the date when the hazard has been determined in accordance with this Convention. However, in no case shall an action be brought after six years from the date of the maritime casualty that resulted in the wreck. Where the maritime casualty consists of a series of occurrences, the six-year period shall run from the date of the first occurrence.
Article 14
Relationship to other conventions and international agreements
1At the request of not less than one-third of States Parties, a conference shall be convened by the Organization for the purpose of revising or amending this Convention.
2Any consent to be bound by this Convention, expressed after the date of entry into force of an amendment to this Convention, shall be deemed to apply to this Convention, as amended.
Article 15
Settlement of disputes
1Where a dispute arises between two or more States Parties regarding the interpretation or application of this Convention, they shall seek to resolve their dispute, in the first instance, through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice.
2If no settlement is possible within a reasonable period of time not exceeding twelve months after one State Party has notified another that a dispute exists between them, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, 1982, shall apply mutatis mutandis, whether or not the States party to the dispute are also States Parties to the United Nations Convention on the Law of the Sea, 1982.
3Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea, 1982, pursuant to Article 287 of the latter, shall apply to the settlement of disputes under this article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention.
4A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, 1982, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea, 1982, for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, 1982, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.
5A declaration made under paragraphs 3 and 4 shall be deposited with the Secretary-General, who shall transmit copies thereof to the States Parties.
Article 16
Relationship to other conventions and international agreements
Nothing in this Convention shall prejudice the rights and obligations of any State under the United Nations Convention on the Law of the Sea, 1982, and under the customary international law of the sea.
Article 17
Signature, ratification, acceptance, approval and accession
1This Convention shall be open for signature at the Headquarters of the Organization from 19 November 2007 until 18 November 2008 and shall thereafter remain open for accession.
(a)States may express their consent to be bound by this Convention by:
(i)signature without reservation as to ratification, acceptance or approval; or
(ii)signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or
(iii)accession.
(b)Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.
Article 18
Entry into force
1This Convention shall enter into force twelve months following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General.
2For any State which ratifies, accepts, approves or accedes to this Convention after the conditions in paragraph 1 for entry into force have been met, this Convention shall enter into force three months following the date of deposit by such State of the appropriate instrument, but not before this Convention has entered into force in accordance with paragraph 1.
Article 19
Denunciation
1This Convention may be denounced by a State Party at any time after the expiry of one year following the date on which this Convention comes into force for that State.
2Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.
3A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, following its receipt by the Secretary-General.
Article 20
Depositary
1This Convention shall be deposited with the Secretary General.
2The Secretary-General shall:
(a)inform all States which have signed or acceded to this Convention of:
(i)each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
(ii)the date of entry into force of this Convention;
(iii)the deposit of any instrument of denunciation of this Convention, together with the date of the deposit and the date on which the denunciation takes effect; and
(iv)other declarations and notifications received pursuant to this Convention;
(b)transmit certified true copies of this Convention to all States that have signed or acceded to this Convention.
3As soon as this Convention enters into force, a certified true copy of the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations.
Article 21
Languages
This Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.
DONE IN NAIROBI this eighteenth day of May two thousand and seven.
IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Convention.


ANNEX

Certificate of Insurance or Other Financial Security in Respect of Liability for the Removal of Wrecks
Issued in accordance with the provisions of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007
Name of Ship
Gross tonnage
Distinctive number or letters
IMO Ship Identification Number
Port of Registry
Name and full address of the principal place of business of the registered owner
This is to certify that there is in force, in respect of the above-named ship, a policy of insurance or other financial security satisfying the requirements of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007.
Type of Security 
Duration of Security 
Name and address of the insurer(s) and/or guarantor(s)
Name 
Address 
This certificate is valid until 
Issued or certified by the Government of 
(Full designation of the State)
OR
The following text should be used when a State Party avails itself of article 12, paragraph 3:
The present certificate is issued under the authority of the Government of   (full designation of the State) by   (name of institution or organization)
At  
(Place)
On  
(Date)
(Signature and Title of issuing or certifying official)
Explanatory Notes:
1If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued.
2If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated.
3If security is furnished in several forms, these should be enumerated.
4The entry “Duration of Security” must stipulate the date on which such security takes effect.
5The entry “Address” of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.


SCHEDULE 2

(Subsections 48(1) and 50(1) and paragraph 130(1)‍(x))
Salvage
PART 1
International Convention on Salvage, 1989
THE STATES PARTIES TO THE PRESENT CONVENTION,
RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations,
NOTING that substantial developments, in particular the increased concern for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,
CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment,
CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger,
HAVE AGREED as follows:
Chapter I - General Provisions
Article 1
Definitions
For the purpose of this Convention:
(a)Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.
(b)Vessel means any ship or craft, or any structure capable of navigation.
(c)Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.
(d)Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.
(e)Payment means any reward, remuneration or compensation due under this Convention.
(f)Organization means the International Maritime Organization.
(g)Secretary-General means the Secretary-General of the Organization.
Article 2
Application of the Convention
This Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.
Article 3
Platforms and drilling units
This Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.
Article 4
State-owned vessels
1Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognized principles of international law unless that State decides otherwise.
2Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.
Article 5
Salvage operations controlled by public authorities
1This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.
2Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.
3The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.
Article 6
Salvage contracts
1This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.
2The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.
3Nothing in this article shall affect the application of article 7 nor duties to prevent or minimize damage to the environment.
Article 7
Annulment and modification of contracts
A contract or any terms thereof may be annulled or modified if:
(a)the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or
(b)the payment under the contract is in an excessive degree too large or too small for the services actually rendered.
Chapter II - Performance of Salvage Operations
Article 8
Duties of the salvor and of the owner and master
1The salvor shall owe a duty to the owner of the vessel or other property in danger:
(a)to carry out the salvage operations with due care;
(b)in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimize damage to the environment;
(c)whenever circumstances reasonably require, to seek assistance from other salvors; and
(d)to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.
2The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor:
(a)to co-operate fully with him during the course of the salvage operations;
(b)in so doing, to exercise due care to prevent or minimize damage to the environment; and
(c)when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.
Article 9
Rights of coastal States
Nothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognized principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.
Article 10
Duty to render assistance
1Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.
2The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.
3The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.
Article 11
Co-operation
A State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions of facilities tosalvors, take into account the need for co-operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general. 
Chapter III - Rights of Salvors
Article 12
Conditions for reward
1Salvage operations which have had a useful result give right to a reward.
2Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result.
3This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.
Article 13
Criteria for fixing the reward
1The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below:
(a)the salved value of the vessel and other property;
(b)the skill and efforts of the salvors in preventing or minimizing damage to the environment;
(c)the measure of success obtained by the salvor;
(d)the nature and degree of the danger;
(e)the skill and efforts of the salvors in salving the vessel, other property and life;
(f)the time used and expenses and losses incurred by the salvors;
(g)the risk of liability and other risks run by the salvors or their equipment;
(h)the promptness of the services rendered;
(i)the availability and use of vessels or other equipment intended for salvage operations;
(j)the state of readiness and efficiency of the salvor’s equipment and the value thereof.
2Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.
3The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.
Article 14
Special compensation
1If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.
2If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 % of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 % of the expenses incurred by the salvor.
3Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).
4The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.
5If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.
6Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.
Article 15
Apportionment between salvors
1The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.
2The apportionment between the owner, master and other persons in the service of each sailing vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.
Article 16
Salvage of persons
1No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.
2A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.
Article 17
Services rendered under existing contracts
No payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.
Article 18
The effect of salvor’s misconduct
A salvor may be deprived of the whole or part of the payment due under this Convention to the extent that salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.
Article 19
Prohibition of salvage operations
Services rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.
Chapter IV - Claims and Actions
Article 20
Maritime lien
1Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.