Bill C-14
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PART 7 |
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WRECK |
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Interpretation |
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Definitions
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153. The definitions in this section apply in
this Part.
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``Minister'' « ministre »
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``Minister'' means the Minister of Fisheries
and Oceans.
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``wreck'' « épave »
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``wreck'' includes
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Designation of Receivers of Wreck |
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Designation
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154. (1) The Minister may designate
persons or classes of persons as receivers of
wreck.
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Authorization
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(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.
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Immunity
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(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.
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Found Wreck |
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Duty of
persons taking
possession of
wreck
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155. (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,
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Notice
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(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.
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Discretion
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(3) A receiver of wreck is not required to
take any measures, or to direct that any
measures be taken, with respect to wreck.
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Salvage award
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156. (1) A person who is referred to in
subsection 155(1) and who has complied with
that subsection is entitled to a salvage award
determined by the receiver.
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Nature of
award
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(2) The salvage award may be the wreck,
part of the wreck or all or part of the proceeds
of its disposition.
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Prohibition
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157. 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 155(1)(a)
or use any means to disguise or conceal the
fact that anything is such wreck.
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Delivery of
wreck or
proceeds of
disposition
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158. A receiver of wreck must release
wreck or pay the proceeds of its disposition
under subsection 160(1) to a person who
claims ownership of the wreck and
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Interpleader
in case of
wreck
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159. (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.
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Maximum
award
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(2) A salvage award that a court makes
under subsection (1) may not exceed the value
of the wreck.
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Disposition of Wreck |
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When wreck
may be
disposed of
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160. (1) A receiver of wreck may dispose of
or destroy wreck, or authorize its disposition
or destruction,
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Proceeds held
by receiver of
wreck
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(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 155(1)(a).
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Payment to
CRF
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(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
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Unpaid
salvage, fees,
expenses
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161. 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 is
given 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.
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Release of
wreck
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162. 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 154(2), is discharged from all
liability in respect of the wreck.
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Regulations |
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Regulations
- Minister
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163. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations
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Regulations
- Minister
and Minister
of Canadian
Heritage
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(2) The Governor in Council may, on the
joint recommendation of the Minister and the
Minister of Canadian Heritage, make
regulations
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Debt due to
Her Majesty
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(3) All fees and expenses set under
paragraph (2)(g) and interest payable on those
fees and expenses constitute a debt due to Her
Majesty in right of Canada and may be
recovered in any court of competent
jurisdiction.
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Offences and Punishment |
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Contravention
of Act or
regulations
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164. (1) Every person commits an offence
who contravenes
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Punishment
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(2) Every person who commits an offence
under subsection (1) is liable on summary
conviction to a fine of not more than $100,000
or to imprisonment for a term of not more than
one year, or to both.
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Prosecutions
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(3) In a prosecution under this Part, it is not
necessary to identify the wreck as the property
of a particular person or as coming from a
particular vessel.
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PART 8 |
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POLLUTION PREVENTION AND RESPONSE - DEPARTMENT OF FISHERIES AND OCEANS |
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Interpretation |
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Definitions
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165. The definitions in this section apply in
this Part.
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``discharge'' « rejet »
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``discharge'' means a discharge of a pollutant
from a vessel, or a discharge of oil from an
oil handling facility engaged in loading to
or unloading from a vessel, that directly or
indirectly results in the pollutant entering
the water, and includes spilling, leaking,
pumping, pouring, emitting, emptying,
throwing and dumping.
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``Minister'' « ministre »
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``Minister'' means the Minister of Fisheries
and Oceans.
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``oil'' « hydrocarbur es »
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``oil'' means petroleum in any form, including
crude oil, fuel oil, sludge, oil refuse and
refined products.
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``oil pollution
incident'' « événement de pollution par les hydrocarbures »
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``oil pollution incident'' means an occurrence,
or a series of occurrences having the same
origin, that results or is likely to result in a
discharge of oil.
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``pollutant'' « polluant »
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``pollutant'' means
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``pollution
damage'' « dommages dus à la pollution »
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``pollution damage'', in relation to a vessel or
an oil handling facility, means loss or
damage outside the vessel or oil handling
facility caused by contamination resulting
from a discharge from the vessel or facility.
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``response
organization'' « organisme d'intervention »
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``response organization'' means a qualified
person to whom the Minister issues a
certificate of designation under subsection
169(1).
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