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Wrecked, Abandoned or Hazardous Vessels Act (BILL C-64, S.C. 2019, c. 1).

Pays/Territoire
Canada
Type du document
Législation
Date
2019 (2019)
Source
FAO, FAOLEX
Sujet
Environnement gén., Mer, Eau
Mot clé
Zone marine Navigation Substances dangereuses Déchets dangereux Certification Enregistrement Transport/dépôt Infractions/sanctions Procédures judiciaires/procédures administratives Collecte de données/déclarations Accès-à-l'information ZEE-Zone Economique Exclusive Navire de pêche
Aire géographique
Amériques, Arctique, Asie et Pacifique, Pacifique du Est, Amérique du Nord, Atlantique Nord
Résumé

The Act, among other things, (a) requires owners of vessels of 300 gross tonnage and above, and unregistered vessels being towed, to maintain wreck removal insurance or other financial security; (b) prohibits vessel abandonment unless it is authorized under an Act of Parliament or of the legislature of a province or it is due to a maritime emergency; (c) prohibits the leaving of a dilapidated vessel in the same place for more than 60 days without authorization; (d) authorizes the Minister of Transport or the Minister of Fisheries and Oceans to order the removal of a dilapidated vessel left on any federal property; (e) authorizes the Minister of Fisheries and Oceans to take measures to prevent, mitigate or eliminate hazards posed by vessels or wrecks and to hold the owner liable; (f) authorizes the Minister of Transport to take measures with respect to abandoned or dilapidated vessels and to hold the owner liable; (g) establishes an administration and enforcement scheme, including administrative monetary penalties; and (h) authorizes the Governor in Council to make regulations respecting such matters as excluding certain vessels from the application of the Act, setting fees and establishing requirements for salvage operations, the towing of vessels and the dismantlement or destruction of vessels. If a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — is involved in a maritime casualty that resulted in a wreck, the master and the operator of the vessel must, without delay and in accordance with Article 5 of that Convention, provide a report containing the information referred to in paragraph 2 of that Article to a marine communications and traffic services officer designated under the Canada Shipping Act, 2001, unless another person has been designated by the Minister of Fisheries and Oceans, in which case it must be provided to that person. To the extent that either the master or the operator complies with the obligation, the other is not required to provide a report. Unless otherwise directed by the Minister of Fisheries and Oceans, the owner of a vessel — other than a vessel that is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention and that is located in the exclusive economic zone of Canada — that was involved in a maritime casualty that resulted in a wreck that poses a hazard must ensure that all reasonable steps are taken without delay to mark the wreck with markings that conform to the internationally accepted system of buoyage in use in the area where the wreck is located. Unless, in accordance with paragraph 13 of Article 12 of the Wreck Removal Convention, the certificate is not required to be carried on board the vessel, the master, a crew member or any person on board who is, or appears to be, in charge of the vessel must produce the certificate and give details of it at the request of an enforcement officer or the Minister of Fisheries and Oceans. The certificate must be issued (a) if the vessel is a Canadian vessel, by the Minister; (b) if the vessel is registered, listed, recorded or licensed in a state, other than Canada, that is a party to the Wreck Removal Convention, by or under the authority of the government of that state; or (c) if the vessel is registered, listed, recorded or licensed in a state that is not a party to the Wreck Removal Convention, by the Minister or by or under the authority of the government of a state, other than Canada, that is a party to that Convention.

Texte intégral
Anglais
Site web
laws-lois.justice.gc.ca