| Offence and
punishment
|
(6) The master of a ship who fails to comply
with subsection (2) is guilty of an offence and
liable on summary conviction to a fine not
exceeding $2,000 .
|
|
|
|
105. Subsection 437(1) of the Act is
replaced by the following:
|
|
| Neglect to
prove lawful
title
|
437. (1) Every person in whose possession
and on whose premises is found any wreck
discovered by a receiver of wreck , on a search
under a search warrant granted in that behalf
by a justice of the peace, who fails, on being
summoned by a justice of the peace, to appear
before that justice of the peace to prove that
the person was lawfully entitled to the posses
sion of the wreck is guilty of an offence
|
|
|
|
(a) punishable on summary conviction , in
the case of a first offence , and liable to a
fine not exceeding $2,000 ; and
|
|
|
|
(b) punishable on indictment, in the case of
a subsequent offence , and liable to a fine
not exceeding $5,000 or to imprisonment
for a term not exceeding one year or to both .
|
|
|
|
106. Section 440 of the Act is replaced by
the following:
|
|
| Notice of
wreck
|
440. (1) Every receiver of wreck shall, after
taking possession of wreck, notify the owner,
if known, or, if not known , cause to be
published a notice setting out a description of
the wreck.
|
|
| How notice to
be given
|
(2) The notice required to be published by
subsection (1) shall be published in the
manner, at such time or times and in such
location or locations as the receiver of wreck
considers reasonable in the circumstances,
taking into account the value of the wreck and
the likelihood of the notice coming to the
attention of the owner of the wreck.
|
|
|
|
107. Section 445 of the Act is replaced by
the following:
|
|
| Disposal of
unclaimed
wreck
|
445. (1) Where no owner establishes a
claim to wreck within such period as the
receiver of wreck considers reasonable in the
circumstances , the wreck shall be disposed of
in such manner as the receiver of wreck
directs.
|
|
| Disposal of
proceeds
|
(2) Where a wreck is disposed of , the
proceeds of the disposal, if any , shall, after
payment of expenses, costs, fees and salvage,
be paid over to the Receiver General, to form
part of the Consolidated Revenue Fund.
|
|
|
|
108. Section 448 of the Act is replaced by
the following:
|
|
|
|
|
|
| Delegation
|
447.1 A receiver of wreck may delegate to
any other person any of the receiver's powers,
duties and functions under this Act, other than
the power to hear and determine disputes
respecting salvage.
|
|
|
|
|
|
| Impeding
receiver of
wreck
|
448. Every person who wilfully impedes a
receiver of wreck, a person assisting a receiver
of wreck pursuant to subsection 428(1) or a
person to whom any powers, duties or func
tions of a receiver of wreck have been
delegated pursuant to section 447.1 in the
execution of any duty under this Act , or
defaults in appearing or giving evidence
before a receiver of wreck , is guilty of an
offence and liable on summary conviction to
a fine not exceeding $1,000 .
|
|
|
|
109. Subsection 451(1) of the Act is
replaced by the following:
|
|
| Duty to render
assistance
|
451. (1) The master or person in charge of
a vessel shall, in so far as it is possible to do
so without serious danger to the vessel, its
crew and passengers, if any, render assistance
to every person, even if that person is a subject
of a foreign state at war with Her Majesty, who
is found at sea and in danger of being lost.
|
|
| Punishment
|
(1.1) Every master or person in charge of a
vessel who contravenes subsection (1) is
guilty of an offence and liable
|
|
|
|
(a) on summary conviction, to a fine not
exceeding $250,000; or
|
|
|
|
(b) on conviction on indictment, to a fine
not exceeding $1,000,000.
|
|
|
|
110. Section 454 of the Act is replaced by
the following:
|
|
| When receiver
of wreck may
hear dispute
|
454. Where in a dispute respecting salvage
the amount claimed does not exceed $5,000 or
the value of the property liable, or alleged to
be liable, for the salvage does not exceed
$10,000 , or where the parties consent in
writing, the dispute shall be heard and deter
mined by the receiver of wreck for the district
where the services were rendered or where the
property liable is at the time of the making of
the claim, and the receiver of wreck's award
shall include fees and costs.
|
|
|
|
111. Subsections 461(1) and (2) of the Act
are replaced by the following:
|
|
| Receiver of
wreck
determines
security
|
461. (1) Where the value of property seized
and detained by a receiver of wreck pursuant
to section 460 does not exceed $10,000 , any
question respecting the amount of the security
to be given or respecting the sufficiency of the
sureties may be determined by the receiver of
wreck .
|
|
| Admiralty
Court
determines
security
|
(2) Where the value of property seized and
detained by a receiver of wreck pursuant to
section 460 exceeds $10,000 , any question
respecting the amount of the security to be
given or respecting the sufficiency of the
sureties may be determined on the application
of the owner of the property or of the salvors
or any of them, or of the receiver of wreck , by
the Admiralty Court.
|
|
|
|
112. Subsection 464(2) of the Act is
replaced by the following:
|
|
| Disputes
arising after
admission or
agreement
|
(2) Where the aggregate amount of salvage
payable in respect of any services has been
finally ascertained by admission or agree
ment, but a dispute arises or is apprehended
with respect to its apportionment among
several claimants, the person liable to pay the
amount may pay the amount, if it exceeds
$10,000 , into the Admiralty Court, or, if the
amount does not exceed $10,000 , or if the
claimants so agree, it may be paid to a receiver
of wreck .
|
|
|
|
113. Subsection 473(1) of the Act is
replaced by the following:
|
|
| Receiver's
fees
|
473. (1) There shall be paid to every
receiver of wreck the expenses properly
incurred by the receiver of wreck in the
performance of duties under this Act and such
fees as the Governor in Council may, by order,
prescribe.
|
|
|
|
114. Section 475 of the Act is replaced by
the following:
|
|
| Fees to
receiver
|
475. All fees received by a receiver of
wreck in respect of any order made under
subsection 473(1) may be retained by the
receiver of wreck as remuneration.
|
|
|
|
115. Paragraph 478(1)(d) of the Act is
replaced by the following:
|
|
|
|
(d) prescribing the information to be in
cluded in any report referred to in paragraph
(a), (b) or (c).
|
|
|
|
116. The portion of subsection 479(1) of
the Act before paragraph (a) is replaced by
the following:
|
|
| Examination
of witnesses
|
479. (1) Where any ship is or has been in
distress in Canadian waters, a receiver of
wreck or, at the request of the Minister, a
wreck commissioner or deputy approved by
the Minister, or, in the absence of those
persons, a justice of the peace, shall, as soon
as practicable , examine on oath any person
belonging to the ship, or any other person who
may be able to give information with respect
to any of the following matters:
|
|
|
|
117. Subsections 480(2) and (3) of the Act
are repealed.
|
|
| 1989, c. 3,
s. 56
|
118. The heading before section 483 and
sections 483 to 491 of the Act are repealed.
|
|
|
|
119. Subsection 492(1) of the Act is
replaced by the following:
|
|
| Witnesses to
be allowed
fees and
expenses
|
492. (1) Every witness attending at a
preliminary inquiry under this Part shall be
allowed the fees and expenses that would be
allowed to a witness attending on subpoena to
give evidence before the Federal Court.
|
|
|
|
120. Sections 493 to 503 of the Act are
replaced by the following:
|
|
| Rules for
procedure,
etc.
|
503. The Governor in Council may make
rules for carrying into effect the enactments
relating to preliminary inquiries, and, with
respect to the appointment and summoning of
assessors, the procedure, the parties, the
persons allowed to appear and the notice to the
parties or to persons affected.
|
|
|
|
121. The heading before section 504 of the
Act is replaced by the following:
|
|
|
|
|
|
|
|
122. (1) Subsection 504(1) of the Act is
replaced by the following:
|
|
| Inquiry into
conduct of
masters and
seafarers
|
504. (1) Where the Minister believes on
reasonable grounds that any master or seafar
er is from incompetency or misconduct unfit
to discharge the master's or seafarer's duties,
or that a master or seafarer has failed to render
assistance or give information as required
under sections 568 and 569, the Minister may
cause an inquiry to be held.
|
|
|
|
(2) Paragraph 504(3)(c) of the Act is
replaced by the following:
|
|
|
|
(c) shall give any master or seafarer against
whom a charge is made an opportunity of
making a defence either in person or
otherwise, and may summon him or her to
appear;
|
|
|
|
(c.1) may administer oaths, summon wit
nesses and compel their attendance and the
production of documents or any other
thing;
|
|
|
|
(3) Subsection 504(4) of the Act is re
placed by the following:
|
|
| Inquiry held
by judge
|
(4) Where the inquiry is held by a judge of
the Admiralty Court, the judge conducting the
inquiry has all the powers, rights and privi
leges that are vested in a superior court and,
without restricting the generality of the fore
going, has the power
|
|
|
|
(a) to issue to any person a summons
requiring the person to appear at the time
and place mentioned in the summons to
testify with respect to all matters within the
person's knowledge relative to the inquiry
and to bring and produce any document,
book or paper that the person has or controls
relative to the inquiry; and
|
|
|
|
(b) to administer oaths and examine any
person on oath.
|
|
| Duties of
judge
|
(5) Where the inquiry is held by a judge of
the Admiralty Court, the judge conducting the
inquiry
|
|
|
|
(a) shall give any master or seafarer against
whom a charge is made an opportunity of
making a defence either in person or
otherwise;
|
|
|
|
(b) may make such orders with regard to the
costs of the inquiry as the judge thinks just;
and
|
|
|
|
(c) shall send a report on the case to the
Minister.
|
|
|
|
123. Section 505 of the Act is replaced by
the following:
|
|
| Suspension or
cancellation
of certificate
|
505. Where on any inquiry held pursuant to
section 504 the Minister is satisfied
|
|
|
|
(a) that any master or seafarer is incompe
tent or has been guilty of any act of
misconduct,
|
|
|
|
(b) that the loss or abandonment of or
serious damage to any ship or any loss of
life was caused by the wrongful act or
default of any master or seafarer ,
|
|
|
|
(c) that any master or seafarer has been
guilty of a criminal offence or has been
blamed by any coroner's inquest in respect
of the death of any person, or
|
|
|
|
(d) that the master or a person in charge of
a vessel has failed without reasonable cause
to comply with the requirements of section
568 with regard to rendering assistance or to
giving information,
|
|
|
|
the Minister may, with respect to either a cer
tificate granted in Canada or a certificate
granted in any other country in so far only as
concerns its validity in Canada, suspend or
cancel any certificate granted to the master or
seafarer .
|
|
|
|
124. Subsection 508(1) of the Act is
replaced by the following:
|
|
| Constitution
of naval
courts
|
508. (1) A naval court shall consist of not
more than five and not less than three
Commonwealth citizens of whom, if possible,
one shall be an officer in the naval service of
Her Majesty in right of any Commonwealth
country not below the rank of lieutenant, one
a consular officer and one a master of a
merchant ship, and the rest shall be either
officers in the naval service of Her Majesty in
that right or masters of merchant ships, and the
court may include the officer that summons
the court, but shall not include the master or
consignee of the ship to which the parties
complaining or complained against belong.
|
|
|
|
125. Paragraph 510(1)(i) of the French
version of the Act is replaced by the
following:
|
|
|
|
i) ordonner, s'il le juge opportun, la visite de
tout navire faisant l'objet d'une investiga
tion, et cette visite doit être opérée en
conséquence, de la même façon, et l'in
specteur de navires qui l'opère a les mêmes
pouvoirs que si la visite avait été ordonnée
par un tribunal compétent en exécution de
l'article 391;
|
|
| R.S., c. 27 (1st
Supp.), s. 203
|
126. Sections 521 and 522 of the Act are
replaced by the following:
|
|
| People found
on Sable
Island or St.
Paul Island
|
521. (1) Any person who resides on Sable
Island or St. Paul Island, having voluntarily
gone there for any purpose whatever without
a licence from the Minister, is guilty of an
offence and liable on summary conviction to
a fine not exceeding $10,000 or to imprison
ment for a term of six months or to both.
|
|
| Power to
apprehend
|
(2) The superintendent, a resident keeper,
any officer of the Department or any other
person acting under the authority of the
Minister may apprehend any person who
commits an offence under subsection (1) and
bring the person and all property found in the
person's possession to Halifax.
|
|
| Disposal of
property
|
522. Whatever property is found on Sable
Island or St. Paul Island belonging to a person
convicted of an offence under subsection
521(1) may be sold by order of a provincial
court judge and the proceeds shall be applied
to pay the expense of the removal of the
person and goods, and the residue, if any,
returned to the owner, but any such property
not sold by order is deemed to be wreck and
shall be dealt with as provided by Part VI.
|
|
| R.S., c. 6 (3rd
Supp.),
s. 64(F)
|
127. Section 526 of the Act is replaced by
the following:
|
|
| Harbour of
Quebec
excepted
|
526. This Part does not apply to the harbour
of Quebec.
|
|
| R.S., c. 6 (3rd
Supp.), s. 65
|
128. Section 527 of the French version of
the Act is replaced by the following:
|
|
| Inspecteurs de
charge
|
527. Le ministre peut nommer des inspec
teurs de charge pour tout port ou toute
circonscription.
|
|
| R.S., c. 6 (3rd
Supp.), s. 66
|
129. Section 531 of the Act is replaced by
the following:
|
|
| Arrival of
ship with
certain cargo
|
531. When a ship arrives at a port in Canada
with grain cargo, deck cargo or a cargo of
concentrate, a port warden or customs officer
may proceed on board and examine into the
manner in which any cargo in or on the ship
was stowed, and every person in charge of the
ship at the time of the examination shall render
the port warden or customs officer the assis
tance requested of the person for the purpose
of the examination.
|
|
|
|
130. The Act is amended by adding the
following after section 532:
|
|
| Disposal of
books
|
532.1 A port warden shall, unless otherwise
authorized by the Minister, retain the books
required by section 532 until the expiration of
six years from the end of the year to which the
books relate.
|
|
|
|
131. Section 539 of the Act is renumbered
as subsection 539(1) and is amended by
adding the following:
|
|
| Inspection in
absence of
port warden
|
(2) In the absence of a port warden, the
certificate mentioned in subsection (1) shall
be given by the master and deposited with the
senior customs officer at the port where the
timber was loaded before the ship clears on its
voyage, and that officer shall refuse to clear
the ship unless the certificate is so deposited.
|
|
| Not to
proceed
without
certificate
|
(3) No ship described in subsection (1) shall
proceed unless it has on board the certificate
mentioned in that subsection, which shall be
produced on demand of the senior customs
officer at any port.
|
|
| Offence and
punishment
|
(4) For any contravention or attempted
contravention of subsection (3), the owner or
master of any ship is guilty of an offence and
liable on summary conviction to a fine of not
more than $10,000, but it is a good defence to
prove that the contravention was due solely to
deviation or delay, the deviation or delay
being caused solely by stress of weather or
other circumstances that neither the master,
the owner nor the charterer, if any, could have
prevented or forestalled.
|
|