Wrecked, Abandoned or Hazardous Vessels Act (S.C. 2019, c. 1)

PART 7Regulations

Marginal note:Regulations — Minister

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Marginal note:Debt due to 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.

• Marginal note: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.

• Marginal note:Seizure and detention for charges

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

• Marginal note:Release on security

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

Marginal note:Regulations — Minister and Minister responsible for Parks Canada Agency

• 131 (1) The Governor in Council may, on the recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations

  • (a) respecting the salvage of wrecks or classes of wrecks specified by regulations made under paragraph (b);

  • (b) specifying wrecks or classes of wrecks that have heritage value, including ocean war graves;

  • (c) respecting the protection and preservation of wrecks or classes of wrecks that have heritage value, including ocean war graves, and providing for the issuance of permits to access those wrecks;

  • (d) authorizing the designation of enforcement officers to ensure compliance with the regulations made under any of paragraphs (b) and (c) and (e) to (h), and specifying their powers, duties and functions;

  • (e) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person with whom an agreement or arrangement is entered into to exercise the powers or perform the duties or functions under those regulations that are specified in the agreement or arrangement;

  • (f) exempting wrecks or classes of wrecks that have heritage value, including ocean war graves, from the application of any provision of Part 4;

  • (g) exempting any geographical area from the application of regulations made under paragraph (c) or (d);

  • (h) respecting the setting and payment of fees, and the determination and payment of costs and expenses, for services provided in the administration of regulations made under this subsection;

  • (i) extending the application of paragraph 110(1)(f), subsections 110(5) and (7), section 111, paragraph 113(d), subsection 119(1) and section 120 to wrecks or classes of wrecks that are specified in regulations made under paragraph (b);

  • (j) extending to wrecks or classes of wrecks that are specified in regulations made under paragraph (b) the application of paragraph 110(1)(b), in respect of a contravention of subsection 58(1) or (3) or section 60, and of paragraph 110(1)(d), in respect of a contravention of a direction given under paragraph 58(4)(b); and

  • (k) extending the application of any provision of the regulations made under this subsection to wrecked vessels or aircraft — or classes of wrecked vessels or aircraft — that are referred to in subsection 5(1) and paragraphs 5(2)(a) and (b) and that are specified in regulations made under paragraph (b).

• Marginal note:Debt due to Her Majesty

  (2) All fees, costs and expenses referred to in paragraph (1)(h) constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

PART 8Transitional Provision and Related and Consequential Amendments

Transitional Provision

Marginal note:Section 20 of Navigation Protection Act

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

Related Amendments

1996, c. 31Oceans Act

133 Subsection 41(1) of the Oceans Act is amended by adding the following after paragraph (b):

2002, c. 18Canada National Marine Conservation Areas Act

Marginal note:2012, c. 31, s. 346

134 Subsection 16(5) of the Canada National Marine Conservation Areas Act is replaced by the following:

Consequential Amendments

R.S., c. C-50; 1990, c. 8, s. 21Crown Liability and Proceedings Act

Marginal note:2001, c. 26, s. 295

135 The definition Crown ship in section 2 of the Crown Liability and Proceedings Act is replaced by the following:

Marginal note:2001, c. 26, s. 298

136 Subsection 7(1) of the Act is replaced by the following:

R.S., c. N-22; 2012, c. 31, s. 316Navigation Protection Act

137 The Navigation Protection Act is amended by adding the following before section 15:

Marginal note:2012, c. 31, s. 320

138 Section 20 of the Act is repealed.

139 The schedule to the Act is amended by replacing the references after the heading “SCHEDULE” with the following:

R.S., c. 1 (2nd Supp.)Customs Act

Marginal note:2001, c. 26, s. 299

140 The portion of subsection 16(2) of the Customs Act before paragraph (a) is replaced by the following:

2001, c. 26Canada Shipping Act, 2001

Marginal note:2005, c. 29, s. 16(1)

141 Paragraphs 35(1)(e) to (g) of the Canada Shipping Act, 2001 are replaced by the following:

142 The heading before section 140 of the French version of the Act is replaced by the following:

143 Sections 140 to 147 of the Act are replaced by the following:

• 144 (1) Paragraph 150(1)(b) of the Act is repealed.

• Marginal note:2005, c. 2, s. 8

  (2) Subsection 150(2) of the Act is repealed.

145 Paragraph 152(1)(b) of the Act is replaced by the following:

Marginal note:2005, c. 2, s. 9, c. 29, s. 19

146 Part 7 of the Act is repealed.

Marginal note:2014, c. 29, s. 72

147 Paragraphs (a) and (b) of the definition relevant provision in section 210 of the Act are replaced with the following:

148 Subsection 226(1) of the Act is repealed.

149 Paragraph 244(d) of the Act is repealed.

Marginal note:2014, c. 29, s. 77

150 Section 268.1 of the Act is replaced by the following: