C-64 1 42 64-65-66-67-68 Elizabeth II 2015-2016-2017-2018-2019

An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations

Wrecked, Abandoned or Hazardous Vessels Act

Wrecked, Abandoned or Hazardous Vessels Act 2019 2 28 1 2019 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.

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

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

Interpretation

Definitions

The 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

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

Purpose

Purpose of Act

The 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

(1) Except as otherwise provided by regulations made under paragraph 130(1)(

c) or subsection 131(1) and despite subsection (3), 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) Except as otherwise provided by regulations made under subsection 131(1), 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; and

(

b) 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.

Exclusion

(3) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in respect of wrecks considered as having heritage value under

an Act of Parliament or of the legislature of a province.

Powers, Duties and Functions of Ministers

Agreements or arrangements

(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

(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

(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

(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

The 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

Subject 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

(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 subsections 21 (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

(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

(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

(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

Article 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

In the event of any inconsistency between this Part and the Wreck Removal Convention, this Part prevails to the extent of the inconsistency.

Application

This 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

(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

Unless 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

(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

If 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

Subject 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

(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

(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

(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

The 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

Unless 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

This 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

(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

It 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

(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

It 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

(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

The Minister may sell, destroy or otherwise dispose of a vessel that is abandoned.

Measures

Minister of Fisheries and Oceans — general powers

If 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

(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

(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

The 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

The disposition is at the risk, cost and expense of the owner of the vessel, wreck or contents.

Payment of proceeds

If 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

The 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

When 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

Compensation 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

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

(

a) the Minister

(

i) in respect of measures taken under paragraph 30 (3)(a),

section 35 , paragraph 37 (3)(

a) or subsection 37 (4) and any loss or damage caused by those measures,

(ii)

in respect of any monitoring under paragraph 30 (3)(

b) or 37 (3)(

b) or subsection 37 (4),

(iii)

in relation to any direction given under paragraph 30 (3)(

c) or 37 (3)(

c) or subsection 37 (4), and

(iv)

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

(

b) the Minister of Fisheries and Oceans

(

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

a) or subsection 37 (4) and any loss or damage caused by those measures,

(ii)

in respect of any monitoring under paragraph 36 (

b) or 37 (3)(

b) or subsection 37 (4),

(iii)

in relation to any direction given under paragraph 36 (

c) or 37 (3)(

c) or subsection 37 (4), and

(iv)

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

(

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

(

i) in respect of the measures that they were directed to take or to refrain from taking under paragraph 30 (3)(c), 36 (

c) or 37 (3)(

c) or subsection 37 (4) and any loss or damage caused by those measures, and

(ii)

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

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

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

(

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

(

b) in the case of a direction that cannot be given to any person referred to in paragraph (

a) despite reasonable efforts having been made to do so, a copy of it is posted on any conspicuous part of the vessel.

Inconsistency —

Part 1

(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

(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

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

Salvage Convention

Salvage Convention

(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

(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

(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

(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

The provisions of this Part with respect to salvage apply in respect of aircraft on or over Canadian waters as they apply in respect of vessels, with any modifications that the circumstances require.

Rights of Salvors

Salvage

Compliance with

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

PART 4

Receiver of Wreck

Interpretation

Definition of wreck

In this Part, wreck includes

(

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

(

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

Designation of Receivers of Wreck

Designation

(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

(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

(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.

(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

A 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

(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

(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

A 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.

If 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

In 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

(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

(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

(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

Unless 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

The 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

The 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

The 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

(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

(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

(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

(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

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

h) or anything removed under paragraph 74 (2)(j).

Seizure

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

(

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

(

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

Custody of things seized

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

section 490 of the Criminal Code .

Liability for costs and expenses

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

Detention order

(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

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

Permission or direction to move vessel

(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

For the purposes of sections 82 to 84 , in the case of a wreck that is subject to

Part 4, a reference to the owner or person in charge is to be read as a reference to a person that has possession of the wreck.

Provisions Related to Entry

Accompanying persons

(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

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

Obstruction

Obstruction

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

Administrative Monetary Penalties

Interpretation

Definition of Minister

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

(

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

(

i) the contravention of subsection 19 (1) or

section 20 , or

(ii)

the contravention of a direction given under subsection 21 (1), paragraph 36 (c), subsection 37 (1), paragraph 67 (2)(e), (

k) or (

m) or subsection 67 (3) or (4); and

(

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

Assurances of Compliance and Notices of Violation

Violation — persons

(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

(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

(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

If 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

(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.

Manner of service

94.1

(1) A notice referred to in any of sections 91, 93, 94 and 108 is to be served

(

a) in the case of an individual,

(

i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or

(ii)

by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence;

(

b) in the case of a person other than an individual,

(

i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or

(ii)

by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (

i) or to the person’s or representative’s head office or place of business;

(

c) in the case of a vessel,

(

i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the vessel,

(ii)

by posting a copy of it on any conspicuous part of the vessel,

(iii)

by leaving a copy of it with the owner or operator of the vessel, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or

(iv)

by sending a copy of it by registered mail, courier or fax or other electronic means to the vessel or to a person referred to in subparagraph (

i) or (iii) or to their head office or place of business.

Proof of service

(2) Service may be proved by

(

a) an acknowledgement of service signed by or on behalf of the person or vessel served, specifying the date and location of service;

(

b) a certificate of service, signed by the person who effected the service, indicating the name of the person or vessel served and the means by which and day on which service was effected; or

(

c) a record of electronic transmission setting out the date and time of transmission.

Date service effective

(3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

(

a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; or

(

b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.

Request for review

(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

Any 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

(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

(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

(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

(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

It 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

(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

A 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

For 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

No notice of violation may be issued more than two years after the day on which an enforcement officer becomes aware of the violation.

Certificate

A 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

The Minister must 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

(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

For 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

(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 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

The 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

If 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

If 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

(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

In 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

(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

A 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

For 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

(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, 78, 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

(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

(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

If 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

If 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

(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

(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

A direction or detention order under this Act is not a statutory instrument for the purposes of the Statutory Instruments Act .

Immunity — personal liability

(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

(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

(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) or in relation to the use of property under subsection 86(5), 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;

(

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; or

(

c) in the case of property used under subsection 86(5),

(

i) if a wreck is subject to

Part 1, from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck, or

(ii)

in all other cases, 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

(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

(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 specif