Skip to main content

Bill C-73

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF
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

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.

Offence

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:

Inquiries as to the Competency and Conduct of Masters and Seafarers

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.

Previous Page Table of Contents Next Page