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Bill C-352

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First Session, Forty-second Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-352
An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels)
FIRST READING, April 13, 2017

Ms. Malcolmson
421346


SUMMARY

This enactment amends the Canada Shipping Act, 2001 to strengthen the requirements relating to wreck by ensuring that regulations are made to establish measures to be taken for its removal, disposal or destruction. It also designates the Canadian Coast Guard as a receiver of wreck for the purposes of Part 7 of the Act and requires receivers of wreck to take the necessary steps to identify and locate the owner of the wreck.

Finally, it provides for the development and implementation of a national strategy to address the abandonment of vessels.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 42nd Parliament,

64-65-66 Elizabeth II, 2015-2016-2017

HOUSE OF COMMONS OF CANADA

BILL C-352

An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2001, c. 26

Canada Shipping Act, 2001

1 Subsection 154(1) of the Canada Shipping Act, 2001 is replaced by the following:

Designation of Canadian Coast Guard

154 (1) The Insertion start Canadian Coast Guard is designated Insertion end as Insertion start a receiver Insertion end of wreck Insertion start for the purposes of this Part Insertion end .

Designation

Start of inserted block

(1.‍1) The Minister may also designate any person or class of persons as receivers of wreck.

End of inserted block

2 Subsections 155(2) and (3) of the Act are replaced by the following:

Locating owner

(2) If wreck has been reported Insertion start to or observed by a receiver of wreck Insertion end , the receiver Insertion start shall Insertion end take the Insertion start necessary steps Insertion end to Insertion start identify and locate Insertion end the owner of the wreck; Insertion start those steps may include Insertion end giving notice of the wreck in the manner that the receiver considers Insertion start most effective and Insertion end appropriate.

Taking of measures

(3)  Insertion start Except in the circumstances described in regulations, Insertion end a receiver of wreck Insertion start shall Insertion end take Insertion start prescribed Insertion end measures, or direct that Insertion start such Insertion end measures be taken, Insertion start in order to remove, dispose of or destroy Insertion end wreck.

3 Section 163 of the Act is amended by adding the following after subsection (1):

Regulations — Minister and Minister of Fisheries and Oceans

Start of inserted block

(1.‍1) The Governor in Council may, on the recommendation of the Minister and the Minister of Fisheries and Oceans, make regulations respecting

  • (a) the measures that receivers of wreck are to take, or direct to be taken, to remove, dispose of or destroy wreck; and

  • (b) the circumstances in which the obligation to take measures under subsection 155(3) does not apply.

    End of inserted block

4 The Act is amended by adding the following after section 164:

Start of inserted block

Report to Parliament

End of inserted block
Review and report by Minister
Start of inserted block

164.‍1 Every five years, the Minister shall review the operation of this Part and cause to be laid before each House of Parliament a report setting out the results of the review.

End of inserted block

National Strategy

National Strategy

5 (1) The Minister of Transport must, in consultation with representatives of the provincial governments and of coastal and riverine communities, develop and implement a national strategy to address the abandonment of vessels.

Content

(2) The strategy must include measures to

  • (a) improve the vessel registration system and, among other things, establish a fee to cover the disposal cost of vessels;

  • (b) implement a turn-in program that includes the designation of disposal areas for vessels;

  • (c) implement recycling facilities for wrecked vessels and their components;

  • (d) support local marine salvage businesses; and

  • (e) dispose of wrecked and abandoned vessels.

Content

(3) The strategy must also

  • (a) include an assessment of the adequacy of the resources, including those of the Canadian Coast Guard, dedicated to preventing and responding to the abandonment of vessels;

  • (b) provide for the implementation of the measures referred to in subsection (2) in co-operation or partnership with the provincial governments, and for an assessment of the timelines required to do so; and

  • (c) include an assessment of the potential benefits to Canada of becoming a party to the Nairobi International Convention on the Removal of Wrecks, 2007, adopted by the International Maritime Organization on May 18, 2007.

Report to Parliament

6 (1) The Minister must prepare a report setting out the national strategy and the schedule for its implementation and cause it to be laid before each House of Parliament within one year after the day on which this Act comes into force.

Publication of report

(2) The Minister must post the report on the website of the Department of Transport within 30 days after the day on which the report is tabled in Parliament.

Published under authority of the Speaker of the House of Commons

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