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Bill C-35

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First Reading

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	Inquiries into Casualties
Appointment of person to hold inquiry	149. (1) The Minister may appoint any person to make public inquiries respecting shipping casualties, and may define the territorial jurisdiction of that person, and any person so appointed is to make a public inquiry respecting a shipping casualty whenever so directed by the Minister.
Limitation	(2) A person appointed under subsection (1) may not make findings as to the causes and contributing factors of shipping casualties that have been or are being investigated by the Canadian Transportation Accident Investigation and Safety Board or that that Board has informed the Minister they propose to investigate.
Power respecting inquiry	(3) The person appointed has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the person to be necessary for the purpose of the inquiry,
	(a) go on board any vessel or wreck and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and
	(b) enter and inspect any premises at any reasonable time.
Warrant required to enter living quarters	(4) Living quarters may not be entered under subsection (3) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (5).
Authority to issue warrant	(5) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the person appointed to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters
	(a) is necessary for the purpose of an inquiry; and
	(b) has been refused or there are reasonable grounds for believing that it will be refused.
Use of force	(6) No person executing a warrant may use force unless they are accompanied by a peace officer and the use of force has been specifically authorized in the warrant.
Report to the Minister	150. On the conclusion of an inquiry, the person who made the inquiry must send the Minister a report that contains the person's opinion on the responsibility for the shipping casualty, accompanied by the report of, or extracts from, the evidence and the observations that the person thinks fit.
	Inquiry into Causes of Death
Inquiry into cause of death on board	151. (1) If a person dies on board a Canadian vessel, on the vessel's arrival at a port in Canada, the Minister is to inquire into the cause of the death.
Powers of Minister	(2) The Minister has, for the purpose of an inquiry under this section, the powers set out in subsection 149(3).
	Regulations
Regulations - Minister	152. (1) The Governor in Council may, on the recommendation of the Minister, make regulations
	(a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;
	(b) removing any reservation from Part 2 of Schedule 3 that Canada withdraws;
	(c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and
	(d) prescribing anything that may be prescribed under this Part.
Regulations - Minister and Minister of Canadian Heritage	(2) The Governor in Council may, on the recommendation of the Minister and the Minister of Canadian Heritage, make regulations respecting the salvage of wreck or classes of wreck specified by regulations made under paragraph 165(2)(a).
	Offences and Punishment
Contraven- tion of paragraph 148(a) or the regulations	153. (1) Every person commits an offence who contravenes
	(a) paragraph 148(a) (render assistance after a collision); or
	(b) a provision of the regulations made under paragraph 152(1)(a).
Punishment	(2) Every person who commits an offence under subsection (1) is liable
	(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and
	(b) on summary conviction, to a fine of not more than $500,000 or to imprisonment for a term of not more than two years, or to both.
Contraven- tion of Act or regulations	154. (1) Every person commits an offence who contravenes
	(a) paragraph 148(b) (failure to provide information after a collision); or
	(b) a provision of the regulations made under paragraph 152(1)(c) or subsection 152(2).
Punishment	(2) Every person who commits an offence under subsection (1) is liable on summary conviction
	(a) if the offence is committed knowingly, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both; and
	(b) if the offence is committed negligently, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both.
	PART 7
	WRECK
	Interpretation
Definitions	155. The definitions in this section apply in this Part.
``Minister'' « ministre »	``Minister'' means the Minister of Fisheries and Oceans.
``wreck'' « épave »	``wreck'' includes
	(a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and
	(b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters.
	Designation of Receivers of Wreck
Designation	156. (1) The Minister may designate persons or classes of persons as receivers of wreck.
Authoriza- tion	(2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.
Immunity	(3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.
	Found Wreck
Duty of persons taking possession of wreck	157. (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,
	(a) report it to a receiver of wreck and provide the information and documents requested; and
	(b) take any measures with respect to the wreck that the receiver of wreck directs, including
	(i) delivering it to the receiver of wreck within the period specified by the receiver, or
	(ii) keeping it in their possession in accordance with the instructions of the receiver.
Notice	(2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.
Discretion	(3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.
Salvage award	158. (1) A person who is referred to in subsection 157(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.
Nature of award	(2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.
Prohibition	159. No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 157(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.
Delivery of wreck or proceeds of disposition	160. A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 162(1) to a person who claims ownership of the wreck and
	(a) submits, in the form and manner specified by the Minister, a claim to the receiver within 90 days after the wreck was reported under paragraph 157(1)(a);
	(b) establishes their claim to the satisfaction of the receiver; and
	(c) pays or delivers the salvage award determined by the receiver, and pays the receiver's fees and expenses.
Interpleader in case of wreck	161. (1) When two or more persons claim wreck or proceeds of wreck, or when a person disputes the amount or value of the salvage award determined by the receiver, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.
Maximum award	(2) A salvage award that a court makes under subsection (1) may not exceed the value of the wreck.
	Disposition of Wreck
When wreck may be disposed of	162. (1) A receiver of wreck may dispose of or destroy wreck, or authorize its disposition or destruction,
	(a) after 90 days following the date that the wreck was reported under paragraph 157(1)(a); or
	(b) at any time if, in the receiver's opinion, the value of the wreck is less than $5,000, the storage costs would likely exceed the value of the wreck or the wreck is perishable or poses a threat to public health or safety.
Proceeds held by receiver of wreck	(2) The proceeds, if any, of a disposition under paragraph (1)(b) must be held by the receiver of wreck for not less than 90 days after the date that the wreck was reported under paragraph 157(1)(a).
Payment to CRF	(3) The proceeds of a disposition under subsection (1) must be paid, less the salvage award, fees and expenses, to the Receiver General, to form part of the Consolidated Revenue Fund
	(a) if no claim has been submitted in accordance with paragraph 160(a); or
	(b) if a claim has not been established within the period that the receiver of wreck considers appropriate.
Unpaid salvage, fees, expenses	163. If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice in writing is issued by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.
Release of wreck	164. On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 156(2), is discharged from all liability in respect of the wreck.