Wrecked, Abandoned or Hazardous Vessels Act

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• 1Short title

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

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  authorized representative has the same meaning as in section 2 of the Canada Shipping Act, 2001. (représentant autorisé)

• 2[p3]

  Canadian vessel, except in Part 1, means a vessel that is not registered, listed, recorded or licensed in a foreign state. (bâtiment canadien)

• 2[p4]

  master has the same meaning as in section 2 of the Canada Shipping Act, 2001. (capitaine)

• 2[p5]

  Minister means, subject to section 89, the Minister of Transport. (ministre)

• 2[p6]

  owner, except in Part 1, means, in relation to a vessel, a person that

• 2[p6](a)

  is a registered owner of the vessel;

• 2[p6](b)

  is a holder of a pleasure craft licence; or

• 2[p6](c)

  has, either by law or by contract, the rights of an owner of the vessel in respect of its possession and use. (propriétaire)

• 2[p10]

  person includes a partnership, an unincorporated organization, an association and a trust. (personne)

• 2[p11]

  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)

• 2[p12]

  pleasure craft has the same meaning as in section 2 of the Canada Shipping Act, 2001. (embarcation de plaisance)

• 2[p13]

  prescribed means prescribed by the regulations.‍ (Version anglaise seulement)

• 2[p14]

  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)

• 2[p15]

  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)

• 2[p16]

  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)

• 3Binding on Her Majesty

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

• 4Purpose 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.

• 5Exclusions
• 5(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.

• 5(2)Exclusions

  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

• 5(2)(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

• 5(2)(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.

• 5(3)Exclusion

  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.

• 6Agreements or arrangements
• 6(1)

  The Minister or the Minister of Fisheries and Oceans may, with respect to that Minister’s powers, duties and functions under this Act, enter into agreements or arrangements for carrying out the purposes of this Act and authorize any person, including a provincial government, a local authority and a government, council or other entity authorized to act on behalf of an Indigenous 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.

• 6(2)Guidelines

  The Minister may issue guidelines for the purposes of this Act.

• 7Delegation — Minister
• 7(1)

  The Minister may delegate any of his or her powers, duties or functions under this Act to the Minister of Fisheries and Oceans for any period and under any terms and conditions that the Minister considers appropriate.

• 7(2)Delegation — Minister of Fisheries and Oceans

  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.

• 8Obligation to consult — Minister of Fisheries and Oceans
• 8(1)

  For the purposes of this Act, the Minister of Fisheries and Oceans may determine whether a vessel or wreck poses, or may pose, a hazard and, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister to the extent that it is possible to do so.

• 8(2)Consultation — matters

  The consultation with the Minister is to include the following matters:

• 8(2)(a)

  any proposed salvage plans; and

• 8(2)(b)

  if relevant, whether the vessel or wreck poses, or may pose, a hazard

• 8(2)(b)(i)

  to navigation,

• 8(2)(b)(ii)

  to a public port or public port facility, as defined in subsection 2(1) of the Canada Marine Act, or

• 8(2)(b)(iii)

  to transportation infrastructure in respect of which Parliament has jurisdiction.

• 9Obligation to consult — Minister
• 9(1)

  For the purposes of this Act, if the Minister of Fisheries and Oceans has, under subsection 7(2), delegated his or her power to the Minister to determine whether a vessel or wreck poses, or may pose, a hazard, the Minister, in exercising that power, may consult with any person that he or she considers appropriate, and is to consult with the Minister of Fisheries and Oceans to the extent that it is possible to do so.

• 9(2)Consultation — matters

  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

• 9(2)(a)

  to the environment;

• 9(2)(b)

  to aquatic wildlife or their habitat and ecosystems;

• 9(2)(c)

  to fisheries and aquaculture; or

• 9(2)(d)

  to a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act.

• 10Validity 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.

• 11Exclusion

  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.

• 12Suspension, cancellation and refusal to issue or renew
• 12(1)

  The Minister or the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 may suspend, cancel or refuse to issue or renew any document, including a certificate, licence or permit, that may be issued under that Act, if the applicant or the holder of the document

• 12(1)(a)

  has contravened a direction given under this Act;

• 12(1)(b)

  has not paid a fine or penalty imposed on them under this Act; or

• 12(1)(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).

• 12(2)Corporation

  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

• 12(2)(a)

  has contravened a direction given under this Act;

• 12(2)(b)

  has not paid a fine or penalty imposed on them under this Act; or

• 12(2)(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).

• 13Disclosure by Minister or Minister of Fisheries and Oceans
• 13(1)

  The Minister and the Minister of Fisheries and Oceans may, on their own initiative or on request, disclose to each other, to an enforcement officer or to any person authorized to exercise powers or perform duties or functions under this Act any information collected or obtained under this Act, the Fishing and Recreational Harbours Act, the Canadian Navigable Waters 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.

• 13(2)Disclosure by enforcement officer or authorized person

  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.

• 14Disclosure to Chief Registrar, registrar or authorized person
• 14(1)

  The Minister, the Minister of Fisheries and Oceans, an enforcement officer or any person authorized to exercise powers or perform duties or functions under this Act may, on their own initiative or on request, disclose to the Chief Registrar or a registrar referred to in the Canada Shipping Act, 2001 or to any person authorized to exercise powers or perform duties or functions under the Canada Shipping Act, 2001 any information collected or obtained under this Act relating to the identity and contact information of an owner of a vessel, to the extent that the disclosure is necessary for the administration or enforcement of the Canada Shipping Act, 2001.

• 14(2)Disclosure to 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 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.

• 15Definitions
• 15(1)

  The following definitions apply in this Part.

• 15(1)[p65]

  Canadian vessel means a vessel that is registered, listed, recorded or licensed under the Canada Shipping Act, 2001. (bâtiment canadien)

• 15(1)[p66]

  owner, in relation to a vessel, has the meaning assigned by the definition registered owner in Article 1 of the Wreck Removal Convention. (propriétaire)

• 15(1)[p67]

  vessel has the meaning assigned by the definition ship in Article 1 of the Wreck Removal Convention, but includes non-seagoing vessels. (bâtiment)

• 15(2)Words and expressions defined

  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.

• 15(3)Extended meaning of expression

  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.

• 15(4)Clarification

  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.

• 16Force 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.

• 17Inconsistency

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

• 18Application

  This Part applies in respect of

• 18(a)

  vessels in Canadian waters or in the exclusive economic zone of Canada;

• 18(b)

  Canadian vessels, wherever they are; and

• 18(c)

  wrecks

• 18(c)(i)

  that are located in the Convention area of a State Party to the Wreck Removal Convention, and

• 18(c)(ii)

  that are the result of a maritime casualty.

• 19Obligation to report
• 19(1)

  Subject to subsection (2), if a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — is involved in a maritime casualty that resulted in a wreck, the master and the operator of the vessel must, without delay and in accordance with Article 5 of that Convention, provide a report containing the information referred to in paragraph 2 of that Article to a marine communications and traffic services officer designated under the Canada Shipping Act, 2001, unless another person has been designated by the Minister of Fisheries and Oceans, in which case it must be provided to that person. To the extent that either the master or the operator complies with the obligation, the other is not required to provide a report.

• 19(2)Canadian vessels abroad

  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.

• 19(3)Designation

  The Minister of Fisheries and Oceans may designate persons or classes of persons for the purposes of subsection (1).

• 20Marking

  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.

• 21Direction — locating, marking and removal
• 21(1)

  If the Minister of Fisheries and Oceans is of the opinion that a wreck poses a hazard, he or she may direct the owner of the vessel that was involved in the maritime casualty that resulted in the wreck, within the time that he or she specifies, to

• 21(1)(a)

  take all measures that that Minister considers practicable to establish the precise location of the wreck; and

• 21(1)(b)

  take all measures that that Minister considers proportionate to the hazard to mark or remove the wreck.

• 21(2)Measures — Minister of Fisheries and Oceans

  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.

• 21(3)Measures — owner cannot be contacted

  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).

• 22Immediate 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.

• 23Owner

  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

• 23(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

• 23(b)

  any loss or damage caused by the measures taken in accordance with this Act.

• 24Absence of certificate
• 24(1)

  Unless a vessel of 300 gross tonnage and above carries a certificate described in paragraph 2 of Article 12 of the Wreck Removal Convention and issued in accordance with subsection 25(1), the vessel must not

• 24(1)(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

• 24(1)(b)

  operate, if it is a Canadian vessel.

• 24(2)Certificate to be produced on request

  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.

• 25By whom certificate must be issued
• 25(1)

  The certificate must be issued

• 25(1)(a)

  if the vessel is a Canadian vessel, by the Minister;

• 25(1)(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

• 25(1)(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.

• 25(2)Designation by Minister

  The Minister may designate persons or classes of persons to issue, refuse or revoke a certificate on the Minister’s behalf.

• 25(3)Issuance of certificate by Minister

  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.

• 25(4)When Minister may refuse certificate

  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.

• 25(5)When Minister may revoke certificate

  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.

• 26Towing
• 26(1)

  Subject to the regulations, the Minister may, on any terms and conditions that he or she considers necessary, exempt a vessel that is not registered, listed, recorded or licensed from the application of section 24, for the period during which it is being towed, if he or she is satisfied that a contract of insurance or other financial security in an amount equal to that set out in paragraph 1 of Article 12 of the Wreck Removal Convention will be in force in respect of the vessel while it is being towed and the insurer or guarantor will be able to meet their obligations under the contract of insurance or other financial security.

• 26(2)Proof to be produced on request

  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.

• 27Definitions

  The following definitions apply in this Part.

• 27[p112]

  dilapidated vessel means a vessel that meets any prescribed criteria and

• 27[p112](a)

  is significantly degraded or dismantled; or

• 27[p112](b)

  is incapable of being used for safe navigation. (bâtiment délabré)

• 27[p115]

  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)

• 27[p116]

  wreck means

• 27[p116](a)

  a vessel, or part of a vessel, that is sunk, partially sunk, adrift, stranded or grounded, including on the shore; or

• 27[p116](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)

• 28Application

  Unless otherwise provided, this Part applies in respect of

• 28(a)

  wrecks and Canadian vessels in Canadian waters and in the exclusive economic zone of Canada; and

• 28(b)

  all other vessels in Canadian waters.

• 29Exclusions

  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.

• 30Dilapidated vessel
• 30(1)

  It is prohibited for an owner of a dilapidated vessel to leave it stranded, grounded, including on the shore, anchored or moored in the same location — or within a radius of three nautical miles of, or, if a radius is prescribed, within that prescribed radius of that location — for a period of 60 consecutive days or, if a number of consecutive days is prescribed, that number of consecutive days.

• 30(2)Exception — consent

  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.

• 30(3)Measures

  If subsection (1) has been contravened, the Minister may

• 30(3)(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;

• 30(3)(b)

  monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and

• 30(3)(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.

• 31Vessel 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.

• 32Abandoned vessel
• 32(1)

  It is prohibited for an owner of a vessel to abandon it.

• 32(2)Presumption — abandonment

  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.

• 32(3)For greater certainty

  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).

• 32(4)Exception

  An owner of a vessel who abandons it does not contravene subsection (1) if

• 32(4)(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;

• 32(4)(b)

  the abandonment is in accordance with any other Act of Parliament or of the legislature of a province;

• 32(4)(c)

  the abandonment is temporary and necessary to avert a danger to human life; or

• 32(4)(d)

  it is a wreck, as defined in Article 1 of the Wreck Removal Convention, and its owner complies with Part 1.

• 33Vessel becoming wreck

  It is prohibited for an owner of a vessel to let it become a wreck by reason of failing to maintain it.

• 34Sinking, stranding or grounding vessel
• 34(1)

  It is prohibited for a person in charge of a vessel to knowingly cause it to sink or partially sink or to be stranded or grounded, including on the shore.

• 34(2)Exception

  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

• 34(2)(a)

  they do so in accordance with any other Act of Parliament or of the legislature of a province;

• 34(2)(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

• 34(2)(c)

  they cause it to be stranded or grounded so as to avert a danger to human life.

• 35Sale, destruction or other disposition

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

• 36Minister 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

• 36(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;

• 36(b)

  may monitor the measures taken by any person to prevent, mitigate or eliminate the hazard; and

• 36(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.

• 37Power related to dilapidated vessel
• 37(1)

  The Minister of Fisheries and Oceans may direct the authorized representative of a dilapidated vessel or, in the absence of an authorized representative, its owner, to repair, secure, move, remove, dismantle or destroy it or its contents in accordance with that Minister’s directions if the vessel is

• 37(1)(a)

  in a scheduled harbour, as defined in section 2 of the Fishing and Recreational Harbours Act; or

• 37(1)(b)

  on any property belonging to Her Majesty in right of Canada for which the Minister of Fisheries and Oceans is responsible.

• 37(2)Power related to dilapidated vessel

  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

• 37(2)(a)

  located in a public port or public port facility, as defined in subsection 2(1) of the Canada Marine Act; or

• 37(2)(b)

  on any property belonging to Her Majesty in right of Canada, other than a scheduled harbour or property referred to in subsection (1).

• 37(3)Failure to comply with direction

  If the measures referred to in subsection (1) or (2) are not taken in accordance with the directions given, the Minister who gave them

• 37(3)(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;

• 37(3)(b)

  may monitor the measures taken by any person in respect of the dilapidated vessel or its contents; and

• 37(3)(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.

• 37(4)Authorized representative or owner unknown or not located

  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).

• 38Authorization to take possession
• 38(1)

  If any vessel or other thing is wrecked, sunk, partially sunk, stranded, grounded, including on the shore, or abandoned in Canadian waters, the Minister may, for a purpose that he or she specifies and subject to any conditions that he or she considers appropriate, authorize any person to take possession of all or part of the vessel or thing, for the benefit of that person or the public.

• 38(2)Notification

  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

• 38(2)(a)

  to its owner; or

• 38(2)(b)

  to the public, if its owner is unknown or cannot be located.

• 38(3)Consent not required

  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.

• 39Disposition 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

• 39(a)

  30 days have elapsed after the day on which notice of his or her intention to dispose of it was given to

• 39(a)(i)

  the public,

• 39(a)(ii)

  the authorized representative of the vessel or, in the absence of an authorized representative, its owner, if known,

• 39(a)(iii)

  the owner of the wreck or the contents, if known,

• 39(a)(iv)

  the holder of any mortgage or hypothec against the vessel that is registered on the register in which the vessel is recorded,

• 39(a)(v)

  the holder of any maritime lien against the vessel or the holder of any similar interest or right, if known, and

• 39(a)(vi)

  the holder of any lien against the contents or the holder of any similar interest or right, if known;

• 39(b)

  the vessel, the wreck or their contents are, in his or her opinion, likely to deteriorate rapidly; or

• 39(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.

• 40At risk, cost and expense of owner

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

• 41Payment 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 O…

• 42Federal 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.

• 43Clear 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.

• 44Compensation

  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

• 44(a)

  an owner that contravened subsection 30(1);

• 44(b)

  an authorized representative or owner that was the subject of a direction under subsection 37(1) or (2); or

• 44(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.

• 45Liability of owner
• 45(1)

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

• 45(1)(a)

  the Minister

• 45(1)(a)(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,

• 45(1)(a)(ii)

  in respect of any monitoring under paragraph 30(3)(b) or 37(3)(b) or subsection 37(4),

• 45(1)(a)(iii)

  in relation to any direction given under paragraph 30(3)(c) or 37(3)(c) or subsection 37(4), and

• 45(1)(a)(iv)

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

• 45(1)(b)

  the Minister of Fisheries and Oceans

• 45(1)(b)(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,

• 45(1)(b)(ii)

  in respect of any monitoring under paragraph 36(b) or 37(3)(b) or subsection 37(4),

• 45(1)(b)(iii)

  in relation to any direction given under paragraph 36(c) or 37(3)(c) or subsection 37(4), and

• 45(1)(b)(iv)

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