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This enactment amends the Canada Shipping Act, 2001 to strengthen the requirements relating to wreck by ensuring that regulations are made to establish measures to be taken for their removal, disposition or destruction. It designates the Canadian Coast Guard as a receiver of wreck for the purposes of Part 7 of the Act and requires receivers of wreck to take reasonable steps to determine and locate the owner of the wreck.
Available on the Parliament of Canada Web Site at the following address:
1st Session, 42nd Parliament,
64 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
An Act to amend the Canada Shipping Act, 2001 (wreck)
2001, c. 26
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 Subsection 154(1) of the Canada Shipping Act, 2001 is replaced by the following:
Canadian Coast Guard designated
154 (1) The Canadian Coast Guard is designated as a receiver of wreck for the purposes of this Part.
(1.1) The Minister may designate any other persons or classes of persons as receivers of wreck.
2 Subsections 155(2) and (3) of the Act are replaced by the following:
(2) If wreck has been reported to or observed by a receiver of wreck, the receiver shall take reasonable steps to determine and locate the owner of the wreck, including by giving notice of the wreck in the manner that the receiver considers most effective and appropriate.
(3) Except in the circumstances described in regulations made under subsection 163(1.1), a receiver of wreck shall take measures, or direct that measures be taken, in accordance with those regulations in order to remove, dispose of or destroy wreck.
3 Section 163 of the Act is amended by adding the following after subsection (1):
Regulations — Minister and Minister of Fisheries and Oceans
(1.1) The Governor in Council may, on the recommendation of the Minister and the Minister of Fisheries and Oceans, make regulations respecting
(a) the appropriate measures that receivers of wreck are to take, or direct to be taken, to remove, dispose of or destroy wreck; and
(b) the circumstances in which the obligation to take measures under subsection 155(3) does not apply.
4 The Act is amended by adding the following after section 164:
Report to Parliament
Review and report by Minister
164.1 Every five years, the Minister must review the operation of this Part and cause to be laid before each House of Parliament a report setting out the results of the review.
Published under authority of the Speaker of the House of Commons