422. (1) The Minister has throughout Canada the general superintendence of all matters relating to salvage and, subject to the Canadian Transportation Accident Investigation and Safety Board Act, shipping casualties.

(2) The Minister of Fisheries and Oceans has throughout Canada the general superintendence of all matters relating to wrecks and receivers of wrecks.

R.S., 1985, c. S-9, s. 422; 1989, c. 3, s. 53; 1996, c. 31, s. 96.

423. The Governor in Council may

(a) establish, alter or abolish districts for the purposes of this Part;

(b) appoint any officer of customs or, when it appears to him more convenient, any other person to be a receiver of wrecks; and

(c) subject to this Part, make regulations for the conduct of receivers of wrecks.

R.S., c. S-9, s. 487.

424. (1) Where, at any time, there is no receiver of wrecks for any district included within the limits of an agency of the Department, the agent of the Department of the district is the receiver of wrecks for the district.

(2) Where, at any time, there is no receiver of wrecks for any other district, the chief officer of customs at the principal port in such district is the receiver of wrecks for such district.

R.S., c. S-9, s. 488.

425. A receiver of wrecks acting in execution of his duties pursuant to this Part has all the powers and authorities of a chief officer of customs.

R.S., c. S-9, s. 489.

426. (1) When any Canadian or foreign vessel is wrecked, stranded or in distress at any place within Canadian waters or on or near the coasts thereof, a receiver of wrecks shall, on being made acquainted with the wreck, stranding or distress, forthwith proceed to the place, and, on his arrival at that place, take command of all persons present and assign such duties and issue such directions to each person as he thinks fit for the preservation of the vessel, the wreck and the lives of shipwrecked persons.

(2) Any person who fails without reasonable cause to comply with directions of the receiver of wrecks is guilty of an offence and liable to a fine not exceeding two hundred dollars.

R.S., 1985, c. S-9, s. 426; 1998, c. 16, s. 22.

427. Nothing in this Part shall be construed as authorizing the receiver of wrecks to take charge of any ship, cargo or materials contrary to the expressed wish of the master or owner of the ship or cargo, or of his agent.

R.S., c. S-9, s. 491.

428. (1) The receiver of wrecks may, with a view to the preservation of a vessel, or of any shipwrecked persons or wreck,

(a) require such persons as he thinks necessary to assist him;

(b) require the master of any vessel near at hand to give such aid with his men or vessel as is in his power; and

(c) require the use of any vehicle, horses, tackle, ropes or appliances that are near at hand.

(2) If any person whose service or property is required pursuant to subsection (1) fails, without reasonable cause, to comply with any requirement, he is guilty of an offence and liable to a fine not exceeding twenty dollars.

R.S., c. S-9, s. 492.

429. The receiver of wrecks may cause to be apprehended and kept in custody, until he can be conveniently taken before a justice of the peace to be dealt with according to law, any person who plunders, creates disorder or obstructs the preservation of a vessel wrecked, stranded or in distress within Canadian waters or on or near the coasts thereof, and may use such force as is reasonably necessary for the suppression of any such plundering, disorder or obstruction and may command all Her Majesty’s subjects to assist the receiver in the use of force.

R.S., 1985, c. S-9, s. 429; R.S., 1985, c. 31 (1st Supp.), s. 102.

430. Where, when the receiver of wrecks or any person acting under his orders is engaged in the execution of the duties by this Part committed to the receiver, any person who resists the receiver or person is maimed, hurt or killed by reason of the resistance, no action, suit or prosecution against the receiver or other person for or by reason of or on account of the maiming, hurting or killing shall be instituted or maintained, either on behalf of Her Majesty or of the person maimed or hurt, or the representatives of any person killed.

R.S., c. S-9, s. 494.

431. (1) Whenever any vessel is wrecked, stranded or in distress within Canadian waters or on or near the coasts thereof, all persons may, for the purpose of rendering assistance to the vessel, or of saving any wreck or the lives of any shipwrecked persons, unless there is some public road equally convenient, pass and repass, either with or without conveyances or horses, over any adjoining lands, without being subject to interruption by the owner or occupier of those lands, if they do so with as little damage as possible, and may, on the like condition, deposit on those lands any wreck saved.

(2) If the owner or occupier of any lands fails to comply with this section or hinders, prevents or obstructs the execution thereof, he is guilty of an offence and liable to a fine not exceeding four hundred dollars.

R.S., c. S-9, s. 495.

432. (1) All damage sustained by any owner or occupier described in subsection 431(1) in consequence of the passing, repassing or deposit referred to in that subsection is a charge on the vessel or wreck in respect of which the damage was occasioned.

(2) The damage described in subsection (1) is, in default of payment, recoverable and, in case of dispute, the amount thereof shall be determined in the same manner as salvage may by this Part be recovered and, in case of dispute with respect to amount, is determined.

(3) No compensation is recoverable under this section in respect of damage to any gate, wall, fence or other obstruction that has been erected or placed by an owner or occupier of lands so as to impede such passing, repassing or deposit.

R.S., c. S-9, s. 496.

433. Every person, not being a receiver of wrecks or a person acting for or under the orders of a receiver, who endeavours to board any vessel or aircraft wrecked, stranded or in distress within Canadian waters or on or near the coasts thereof, without the leave of the person in charge of that vessel or aircraft, may be repelled by such force as is reasonably necessary, and the person in charge of the vessel or aircraft and every person under his orders so repelling that person by force are hereby indemnified for so doing.

R.S., 1985, c. S-9, s. 433; R.S., 1985, c. 31 (1st Supp.), s. 103.

434. (1) When a receiver of wrecks is not present, any chief officer of customs, fishery officer or provincial court judge on board any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, and any officer of customs, sheriff, justice of the peace, officer of the regular force of the Canadian Forces or lighthouse keeper employed by the Government of Canada may do all matters and things by this Part authorized to be done by the receiver, for the preservation of shipwrecked persons, vessels and wrecks.

(2) Where any two or more of the officers or persons described in subsection (1) are present on any occasion, they shall respectively have priority in relation to the doing of any matter or thing in the order in which they are named in that subsection.

(3) Any officer or person acting pursuant to subsection (1) shall, in respect of any wreck the delivery of which to the receiver of wrecks is by this Part required, be considered as the agent of the receiver, and shall place the wreck in the custody of the receiver, and that officer or person is not entitled to any fees payable to receivers of wrecks, and is not deprived, by reason of his so acting, of any right to salvage to which he would otherwise be entitled.

R.S., 1985, c. S-9, s. 434; R.S., 1985, c. 27 (1st Supp.), s. 203.

435. Any person acting under the orders of an officer or person acting pursuant to section 434 shall, for the purposes of this Part, be deemed to be acting under the orders of a receiver of wrecks.

R.S., c. S-9, s. 499.

436. (1) Whenever any person takes possession of a wreck within the limits of Canada, including Canadian waters, he shall, as soon as possible, deliver it to the receiver of wrecks, but the Minister may dispense with that delivery in the case of any wreck, on such conditions as he thinks fit.

(2) This section applies to any aircraft or any part thereof or cargo thereof found derelict at sea outside Canadian waters and brought within the territorial limits of Canada.

(3) If any person who has taken possession of a wreck without reasonable cause fails to comply with this section, he is guilty of an offence and liable to a fine not exceeding four hundred dollars, and, in addition, to a fine equal to double the value of the wreck, and he forfeits any claim or right to claim salvage relating to the wreck.

R.S., c. S-9, s. 500.

437. (1) Every person in whose possession and on whose premises is found any wreck discovered by a receiver of wrecks, on search by him under a search warrant granted in that behalf by a justice of the peace, who fails, on being summoned by two justices of the peace, to appear before them to prove to their satisfaction that he was lawfully entitled to the possession of the wreck is, in the case of a first failure, guilty of an offence and liable to a fine not exceeding eighty dollars and, in any other case, is guilty of an indictable offence and liable to a fine not exceeding four hundred dollars or to imprisonment for a term not exceeding one year.

(2) Where the discovery of a wreck pursuant to subsection (1) is made in consequence of information given by any person to the receiver of wrecks, the informer is entitled, by way of salvage, to such sum not exceeding eighty dollars as the receiver allows under instructions from the Minister.

R.S., c. S-9, s. 501.

438. When a receiver of wrecks suspects that any wreck is secreted or concealed by, or is wrongfully in the possession of, any person, he may apply to any justice of the peace for a search warrant, and the justice may grant the warrant, by virtue whereof it is lawful for the receiver to enter, by force if necessary, any house, building or place, whether enclosed or unenclosed, or any vessel, and to search for, remove and detain any wreck kept or secreted therein.

R.S., c. S-9, s. 502.

439. (1) On any indictment or prosecution under this Part for any indictable offence in respect of a wreck, it is not necessary to attribute property to any person, or to identify the alleged wreck as part of any particular vessel or wreck coming from any particular vessel, or as the property of any particular person.

(2) On any indictment or prosecution of an accused for receiving, secreting or disguising any wreck, for having the possession thereof, for selling or dealing therewith or for defacing or obliterating marks thereon, unless the accused shows that he was possessed of the wreck for more than twelve months before the date of the indictment or the commencement of the prosecution, it lies on the accused to show that he did not know and had not the means of knowing it to be a wreck, or that he was lawfully possessed of, or entitled to sell or deal with, the wreck.

(3) On any indictment or prosecution of an accused for receiving, secreting, defacing, possessing, selling, dealing with or concealing the character of any wreck, evidence may be given, either before or after the verdict, of any former conviction of the accused for any of those offences.

R.S., c. S-9, s. 503.

440. (1) Every receiver of wrecks shall, after taking possession of any wreck, notify the owner, if known, or, if not known, cause a notice to be published setting out a description of the wreck.

(2) The notice must be published in the manner, at the time or times and in the location or locations that the receiver of wrecks considers reasonable in the circumstances, taking into account the value of the wreck and the likelihood of the notice coming to the attention of its owner.

R.S., 1985, c. S-9, s. 440; 1998, c. 16, s. 13.

441. The owner of any wreck in the possession of the receiver of wrecks, on establishing his claim to the wreck to the satisfaction of the Minister within one year from the time at which it came into the possession of the receiver is, on paying the salvage, fees and expenses due, entitled to have the wreck or the proceeds thereof delivered up to him or his agent.

R.S., c. S-9, s. 506.

442. Where any wreck referred to in section 441 is proved to the satisfaction of the Minister to belong to a foreign owner, any consular officer in Canada of the country to which the owner of the wreck belongs shall, in the absence of the owner or his agent, be deemed to be the agent of the owner with respect to the custody and disposal of the wreck.

R.S., c. S-9, s. 507.

443. Where, in the opinion of the receiver of wrecks, it is to the advantage of all parties to sell a wreck in his custody, or, where the wreck consists of goods of a dangerous nature, the receiver may sell the wreck, and the proceeds of the sale, after defraying the expenses thereof, shall be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.

R.S., c. S-9, s. 508.

444. Where the owner of any wreck is known or has established his title to the wreck, but neglects to pay the salvage, fees or expenses due thereon for twenty days after notice in writing from the receiver of wrecks, the receiver may sell the wreck, or a sufficient part thereof, and may, out of the proceeds of the sale, after defraying the expenses of the sale, pay the salvage, fees and expenses due, and shall deliver any remaining portion of the wreck and pay the surplus proceeds, if any, of the sale to the persons entitled to receive them.

R.S., c. S-9, s. 509.

445. (1) If no owner establishes a claim to any wreck within the period that the receiver of wrecks considers reasonable in the circumstances, the wreck shall be disposed of in the manner that the receiver of wrecks directs.

(2) The proceeds of the disposal, if any, are, after payment of expenses, costs, fees and salvage, to be paid over to the Receiver General, to form part of the Consolidated Revenue Fund.

R.S., 1985, c. S-9, s. 445; 1998, c. 16, s. 14.

446. On delivery of a wreck or payment of the proceeds of a wreck by a receiver of wrecks, pursuant to this Part, the receiver is discharged from all liability in respect thereof, but the delivery or payment does not prejudice or affect any question that is raised by third parties concerning the wreck.

R.S., c. S-9, s. 511.

447. (1) Whenever two or more persons claim any wreck or proceeds of a wreck of any value or amount in the possession of a receiver of wrecks, any court sitting and having jurisdiction in civil matters to the value or amount of the wreck or proceeds in question in the district of the receiver may, on the application of the receiver, or of any of those persons, summon such persons before it, and may hear and adjudicate on their claims, and make such order between the parties in respect thereof and of the costs of the proceedings as to the court seems fit.

(2) An order made pursuant to subsection (1) may be enforced in like manner as any order made in any action brought in the same court.

R.S., c. S-9, s. 512.

447.1 A receiver of wrecks may delegate to any person any of the receiver’s powers, duties and functions under this Act, other than the power to hear and determine disputes respecting salvage.

1998, c. 16, s. 15.

448. Every person who wilfully impedes a receiver of wrecks, a person assisting a receiver of wrecks under subsection 428(1) or a person to whom any powers, duties or functions of a receiver of wrecks have been delegated under section 447.1 in the execution of any duty under this Act, or defaults in appearing or giving evidence before a receiver of wrecks, is guilty of an offence and liable on summary conviction to a fine of not more than $1,000.

R.S., 1985, c. S-9, s. 448; 1998, c. 16, s. 15; 2001, c. 34, s. 26(E).

449. (1) The law, statutory and other, including the provisions of this Part, relating to wrecks, to the salvage of life or property and to the duty or obligation to render assistance to ships or vessels in distress applies to aircraft on or over the sea or tidal waters and on and over the Great Lakes, as it applies to ships or vessels.

(2) The owner of an aircraft is entitled to a reasonable reward for salvage services rendered by the aircraft to any property or persons in any case where the owner of the aircraft would be so entitled had it been a ship or vessel.

(3) The Governor in Council may make modifications of and exemptions from the provisions of the law, statutory and other, in its application to aircraft, to such extent and in such manner as appears necessary or expedient.

R.S., c. S-9, s. 514.

449.1 (1) Subject to such reservations as Canada may make, the International Convention on Salvage, 1989, signed at London on April 28, 1989 and set out in Schedule V, is approved and declared to have the force of law in Canada, from and after the day on which Canada deposits an instrument of ratification with the Secretary General of the International Maritime Organization.

(2) In the event of an inconsistency between the Convention and this Act or the regulations, the Convention prevails to the extent of the inconsistency.

(3) A copy of any reservation referred to in Article 30 of the Convention that Canada intends to make shall be published in the Canada Gazette at least ninety days before the proposed effective date of the reservation and a reasonable opportunity within those ninety days shall be afforded to interested persons to make representations to the Minister with respect to that reservation.

1993, c. 36, s. 1.

450. (1) Where services are rendered wholly or in part within Canadian waters in saving life from any Canadian or foreign vessel, or elsewhere in saving life from any vessel registered in Canada, there shall be payable to the salvor by the owner of the vessel, cargo or apparel saved a reasonable amount of salvage, to be determined in case of dispute in the manner set out in this Part.

(2) Salvage in respect of the preservation of life when payable by the owners of the vessel shall be payable in priority to all other claims for salvage.

(3) Where the vessel, cargo, and apparel are destroyed or the value thereof is insufficient, after payment of the actual expenses incurred, to pay the amount of salvage payable in respect of the preservation of life, the Minister may, in his discretion, award to the salvor, out of any funds at his disposal for that purpose, such sum as he thinks fit in whole or part satisfaction of any amount of salvage so left unpaid.

R.S., 1985, c. S-9, s. 450; 1998, c. 16, s. 22.

451. (1) The master or person in charge of a vessel shall, in so far as he can do so without serious danger to his own 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, and if he fails to do so he is guilty of an offence and liable to a fine not exceeding one thousand dollars.

(2) Compliance with subsection (1) by the master or person in charge of a vessel does not affect his right or the right of any other person to salvage.

R.S., c. S-9, s. 516.

452. When, within Canadian waters or on or near the coasts thereof, any vessel is wrecked, abandoned, stranded or in distress, and services are rendered by any person in assisting the vessel or in saving any wreck, there shall be payable to the salvor by the owner of the vessel or wreck, as the case may be, a reasonable amount of salvage including expenses properly incurred.

R.S., c. S-9, s. 517.

453. Disputes respecting salvage, whether of life or property, shall be heard and determined by and before the receiver of wrecks or the Admiralty Court, as provided for respectively by this Part, and not otherwise.

R.S., c. S-9, s. 518.

454. Where in a dispute respecting salvage the amount claimed does not exceed one hundred dollars or the value of the property liable, or alleged to be liable, for the salvage does not exceed two hundred and fifty dollars, or where the parties consent in writing, the dispute shall be heard and determined by the receiver of wrecks for the district where the services were rendered or where the property liable is at the time of the making of the claim, and his award shall include fees and costs.

R.S., c. S-9, s. 519.

455. Any party who feels aggrieved by an award of the receiver of wrecks may appeal to the Minister, within thirty days after the decision of the receiver from which the appeal is made, and, in that case, the appellant shall, within seven days after the cause of appeal has arisen, give notice to the other party and to the receiver of his intention to appeal, and of the grounds of the appeal.

R.S., c. S-9, s. 520.

456. In cases other than those described in sections 454 and 455, a dispute respecting salvage may be heard and determined by the Admiralty Court.

R.S., c. S-9, s. 521.

457. Where, in any suit or proceeding for salvage in the Admiralty Court, the claimant recovers an amount less than the maximum amount that might be claimed before the receiver of wrecks, unless the court certifies that the suit or proceeding was unfit to be determined by the receiver, the claimant shall have no costs, charges or expenses incurred by him in the prosecution of his claim, and shall pay to the other party such costs, charges and expenses, if any, as the Court directs.

R.S., c. S-9, s. 522.

458. Every dispute respecting salvage that arises in Canada, when the services have been rendered in Canadian waters or on or near the coasts thereof, may be heard and determined, on the application either of the salvor or of the owner of the property liable to the claim for salvage, or when the property is in the custody of the receiver of wrecks, on his application, and, if no proceedings to determine any dispute respecting salvage have been taken by the salvor, the owner may make application to the receiver or the Admiralty Court, according to the value of the property liable.

R.S., c. S-9, s. 523.

459. (1) When any dispute respecting salvage arises in Canada, the receiver of wrecks for the district where the property liable is situated shall, on the application of either party in the dispute, appoint a valuer to value the property, and shall give copies of the valuation to both parties.

(2) Any copy of a valuation purporting to be signed by the valuer, and to be certified as a true copy by the receiver of wrecks, is admissible as evidence in any subsequent proceeding and is, for the purpose of giving jurisdiction in salvage, conclusive evidence of the value at the time of the valuation.

(3) There shall be paid in respect of a valuation such fee as the Minister directs.

R.S., c. S-9, s. 524.

460. A receiver of wrecks may seize any property found within his district and alleged to be liable for salvage and detain the property until the salvage, fees and costs due thereon are ascertained and paid, process is issued for the arrest or detention thereof by the Admiralty Court or security is given to his satisfaction for the salvage, fees and costs.

R.S., c. S-9, s. 525.

461. (1) Where the value of the property seized and detained by a receiver of wrecks pursuant to section 460 does not exceed two hundred and fifty dollars, 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 wrecks.

(2) Where the value of the property exceeds two hundred and fifty dollars, any question respecting the amount of the security to be given or respecting the sufficiency of the sureties may be determined on the application either of the owner of the property or of the salvors or any of them, or of the receiver of wrecks, by the Admiralty Court.

(3) Where property has not been valued, the value, for the purposes of this section, shall be determined by the receiver of wrecks or by a valuer appointed by him.

R.S., c. S-9, s. 526.

462. Security given for salvage pursuant to sections 460 and 461 may be enforced by the Admiralty Court in the same manner as if bail had been given in that Court, and whenever, under this Part, the determination of disputes respecting salvage is to be made by a receiver of wrecks, any such security may be enforced in that manner by that Court.

R.S., c. S-9, s. 527.

463. Whenever any dispute respecting salvage arises before a receiver of wrecks under this Part, the receiver shall hear and determine the dispute and if, after he has made and published his award, the salvage, fees and costs by him awarded to be paid are not paid within fourteen days, he may sell the property liable for the salvage, fees and costs or a sufficient part thereof, and, out of the proceeds, defray the expenses of the sale and the salvage, fees and costs awarded, and shall pay or deliver up the surplus, if any, to the owners of the property or other persons entitled thereto.

R.S., c. S-9, s. 528.

464. (1) Whenever the aggregate amount of salvage payable in respect of any services has been finally determined, that amount may be apportioned and distributed

(a) by a receiver of wrecks, if the amount has been determined by him, among the persons entitled thereto, in such manner as he thinks just, subject to an appeal to the Minister by any person aggrieved; or

(b) by the Admiralty Court, when the amount has been determined by that Court, among the persons entitled thereto in such manner as the Court thinks just, and the Court may appoint any person to carry the apportionment into effect, compel any person in whose hands or under whose control the amount is to distribute the amount, or to bring it into the Court to be dealt with as the Court directs, and, for those purposes, issue such orders as the Court thinks fit.

(2) Where the amount has been finally ascertained by admission or agreement, but a dispute arises or is apprehended with respect to the apportionment thereof among several claimants, the person liable to pay the amount may pay the amount, if it exceeds one hundred dollars, into the Admiralty Court, or, if the amount does not exceed one hundred dollars, or if the claimants so agree, it may be paid to the receiver of wrecks.

(3) The receiver of wrecks or the Admiralty Court shall receive and apportion the amount and grant to the person paying the amount a certificate of the amount paid and the services in respect of which it is paid, and the certificate is a full discharge and indemnity to that person and to all his property liable in respect of those services, against all persons, parties to or bound by the admission or agreement.

(4) Where any dispute arises with respect to the apportionment of any amount of salvage among the owners, master, pilot, crew, and other persons in the services of any foreign vessel, the amount shall be apportioned by the Admiralty Court or person making the apportionment in accordance with the law of the country to which the vessel belongs.

R.S., c. S-9, s. 529.

465. When any salvage, fees, charges or costs in relation to salvage are awarded or declared to be due by a receiver of wrecks and the property liable or the proceeds thereof is or are under arrest in a different suit in the Admiralty Court, the salvage, fees, charges and costs shall be enforced against the property or proceeds so under arrest, by the Admiralty Court.

R.S., c. S-9, s. 530.

466. (1) Where salvage services are rendered by a ship belonging to Her Majesty, other than a ship specially equipped with a salvage plant or a tug, or by the commander or crew thereof, no claim shall be allowed for any loss, damage or risk caused to the ship or its stores, tackle or furniture, or for the use of any stores or other articles belonging to Her Majesty, supplied in order to effect those services, or for any other expense or loss sustained by Her Majesty by reason of that service.

(2) No claim for salvage services by the commander or crew, or part of the crew of a ship belonging to Her Majesty shall be finally adjudicated on, unless the consent of the Governor in Council to the prosecution of that claim is proved, which consent may be given at any time before final adjudication.

(3) Any document purporting to give the consent of the Governor in Council for the purpose of this section is evidence of that consent.

(4) Where a claim is prosecuted and the consent is not proved, the claim shall stand dismissed with costs.

(5) This section applies to aircraft and the word “ship” includes aircraft, but with respect to claims by aircraft the consent referred to in this section may be the consent of the Minister of National Defence.

R.S., c. S-9, s. 531.

467. (1) Where salvage services are rendered at any place outside Canada or Canadian waters by the commander or any of the crew of a ship belonging to Her Majesty in saving any vessel, cargo or property belonging to a vessel, the vessel, cargo or property alleged to be saved shall, if the salvor is justified by the circumstances of the case in detaining it, be taken to some port in Canada or in some other part of the Commonwealth and Dependent Territories where there is a court having Admiralty jurisdiction or a consular officer.

(2) The salvor and the master or other person in charge of the vessel, cargo or property saved may, within twenty-four hours after arriving at the port, each deliver to the court or a consular officer, or in Canada shall deliver to the Admiralty Court, as the case may be, a statement on oath, specifying in so far as possible, and in so far as those particulars are applicable, the particulars set out in Part I of Schedule III, and also, in the case of the master or other person, his willingness to execute a bond in the form, in so far as circumstances will permit, set out in Part II of that Schedule.

R.S., c. S-9, s. 532; R.S., c. 10(2nd Supp.), s. 65.

468. (1) Where the proceedings described in section 467 are in Canada,

(a) the bond shall be in such sum as the Admiralty Court thinks sufficient to answer the demand for salvage service, but the sum fixed shall not exceed one-half of the amount that, in the opinion of the Court, is the value of the property in respect of which salvage has been rendered;

(b) if the vessel, cargo or property in respect of which salvage has been rendered is not owned by persons domiciled in a Commonwealth country, the master shall procure such security for the due performance of the bond as the Admiralty Court thinks sufficient to be lodged with that Court as it may direct; and

(c) the Admiralty Court shall fix the amount of the bond within four days after the receipt of the statements required by this Part, but if either of those statements is not delivered within the time required by this Part, it may proceed ex parte.

(2) Nothing in this section authorizes the Admiralty Court to require the cargo of any ship to be unladen.

(3) Where the proceedings are in Canada,

(a) the Admiralty Court on fixing the sum to be inserted in the bond shall send notice thereof to the salvor and master, and on the execution of the bond by the master in the sum fixed in the presence of a judge, who shall attest the same, on delivery thereof to the salvor, and in cases where security is to be lodged, on that security being duly lodged, the right of the salvor to detain the vessel, cargo or property shall cease;

(b) the bond binds the respective owners of the vessel, cargo and freight, and their heirs, executors and administrators for the salvage adjudged to be payable in respect of the vessel, cargo and freight respectively;

(c) the bond shall be adjudicated on and enforced in the Admiralty Court; and

(d) where security has been given for the performance of a bond, the persons, if any, with whom the security is lodged shall deal with the security as the Admiralty Court directs.

R.S., c. S-9, s. 533; R.S., c. 10(2nd Supp.), s. 65.

469. Where the proceedings described in section 467 are not in Canada, they may, notwithstanding the interest of Her Majesty in right of Canada in the salving ship, proceed according to the law of the Commonwealth country where those proceedings were instituted, but any salvage bond or security given on the release of the ship from detention shall be forthwith transmitted to the Federal Court, at Ottawa, and that Court has jurisdiction to enforce any bond or security given in any Commonwealth country.

R.S., c. S-9, s. 534; R.S., c. 10(2nd Supp.), s. 64.

470. (1) Nothing in this Part prejudices the right of the salvor, where salvage services have been rendered by a ship belonging to Her Majesty or by the commander or any of the crew thereof, to proceed for the enforcement of the salvage claim otherwise than in the manner provided by this Act, but the salvor has no right to detain the vessel, cargo or property saved, unless he elects to proceed under this Part.

(2) Nothing in this Part affects the right of the salvor, where salvage services have been rendered by a ship belonging to Her Majesty or by the commander or any of the crew thereof, in any case that is not provided for in this Part.

R.S., c. S-9, s. 535.

471. (1) No action is maintainable in respect of any salvage services, unless proceedings therein are commenced within two years from the date when the salvage services were rendered.

(2) The court having jurisdiction to deal with an action to which this section relates may, in accordance with the rules of court, extend the period described in subsection (1) to such extent and on such conditions as it thinks fit, and shall, if satisfied that there has not during the period been any reasonable opportunity of arresting the defendant’s vessel within the jurisdiction of the court, or within the territorial waters of the country to which the plaintiff’s ship belongs or in which the plaintiff resides or has his principal place of business, extend the period to an extent sufficient to give such reasonable opportunity.

R.S., c. S-9, s. 536.

472. The Minister of National Revenue may permit all goods saved from any vessel stranded or wrecked within the limits of Canada on its inward voyage to be forwarded to the port of its original destination, and all goods saved from any ship stranded or wrecked within the limits of Canada on its outward voyage to be returned to the port at which the goods were shipped, taking such security for the due protection of the revenue in respect of such goods as he thinks proper.

R.S., c. S-9, s. 537.

473. (1) There shall be paid to every receiver of wrecks the expenses properly incurred by him in the performance of his duties, and in respect of the matters specified in Form 5 in Schedule IV, such fees set out in that Form as are directed by the Governor in Council.

(2) The receiver of wrecks, in addition to all other rights and remedies for the recovery of expenses or fees, has the same rights and remedies that a salvor has in respect of salvage due to him, and may, if the property in respect of which any of those expenses or fees are due is not under arrest in any court, seize or detain that property until those expenses and fees are paid, or until security is given for them to his satisfaction.

R.S., c. S-9, s. 538.

474. Whenever any dispute arises in any part of Canada respecting the amount payable to any receiver of wrecks in respect of expenses or fees, the dispute shall be determined by the Minister, whose decision is final.

R.S., c. S-9, s. 539.

475. All fees received by any receiver of wrecks in respect of any of the matters specified in Form 5 in Schedule IV may be retained by him for his own remuneration.

R.S., c. S-9, s. 540.

476. A shipping casualty shall be deemed to occur

(a) when any ship is lost, abandoned, stranded or damaged in Canadian waters, or on a voyage to or from a port in Canada;

(b) when any ship causes loss or damage to any other ship in Canadian waters;

(c) when, by reason of any casualty happening to or on board any ship in Canadian waters, loss of life ensues;

(d) when any such loss, abandonment, stranding, damage or casualty happens elsewhere, and any competent witness thereof arrives or is found at any place in Canada;

(e) when any loss of life occurs by reason of any casualty happening to or on board any boat belonging to a fishing vessel or other vessel registered or licensed in Canada; and

(f) when any ship is lost or supposed to have been lost, and any evidence is obtainable in Canada respecting the circumstances under which the ship proceeded to sea or was last heard of.

R.S., c. S-9, s. 541.

477. (1) The Minister may order an investigation to be made by any person or persons appointed for that purpose into the cause of any accident on any ship, whether attended with loss of life or not, subject to the Canadian Transportation Accident Investigation and Safety Board Act.

(2) For the purposes of investigating the cause of any accident on a ship, any person appointed under subsection (1) has the powers set out in section 481.

R.S., 1985, c. S-9, s. 477; 1989, c. 3, s. 54.

478. (1) The Governor in Council may make regulations

(a) respecting the reporting of shipping casualties by ships in Canadian waters and Canadian ships in any waters;

(b) respecting the reporting of accidents or dangerous occurrences happening to or on board ships in Canadian waters and Canadian ships in any waters, whether attended with loss of life or not;

(c) respecting the reporting of deaths on and the disappearance of persons from ships in Canadian waters or Canadian ships in any waters; and

(d) prescribing the information to be included in any report referred to in paragraph (a), (b) or (c) and the form of that report.

(2) Every person who contravenes any regulation made under this section is guilty of an offence punishable on summary conviction.

R.S., c. S-9, s. 543.

479. (1) Where any ship, British or foreign, is or has been in distress in Canadian waters, a receiver of wrecks 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 conveniently may be, examine on oath any person belonging to the ship, or any other person who may be able to give any account thereof or of the cargo or stores thereof with respect to the following matters:

(a) the name and description of the ship;

(b) the name of the master and of the owners;

(c) the names of the owners of the cargo;

(d) the ports from and to which the ship was bound;

(e) the occasion of the distress of the ship;

(f) the services rendered; and

(g) such other matters or circumstances relating to the ship, or to the cargo on board the ship, as the person holding the examination thinks necessary.

(2) The person holding the examination shall take it down in writing, and shall send a copy thereof to the Minister.

(3) The person holding the examination has, for the purposes thereof, the power to administer the oath and all the powers of a steamship inspector under this Act.

(4) Any person belonging to the ship that is or has been in distress in Canadian waters, or capable of giving an account as described in subsection (1), who, on being examined, refuses to answer any pertinent question under this section that is put to him on examination pursuant to this section is guilty of an offence and liable, in addition to any other liability, to a fine not exceeding two hundred dollars.

R.S., c. S-9, s. 544.