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Transport Canada

CANADA SHIPPING ACT
PART VI

Table of Contents

PART VI


PART VI

WRECKS, SALVAGE AND INVESTIGATIONS INTO
SHIPPING CASUALTIES

 

Superintendence

Superintendence ' Minister of Transport

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

Superintendence ' Minister of Fisheries and Oceans

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

 

Appointment of Receivers of Wrecks

Appointment of receivers of wrecks

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.

Where no receivers of wrecks

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.

Idem

(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.

 

Powers of Receivers of Wrecks

Powers

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.

Powers respecting vessels wrecked, etc.

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.

Offence and punishment

(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.

Wish of owner

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.

Further powers

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.

Offence and punishment

(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.

Power of receiver of wrecks

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.

Persons killed, etc., while resisting

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.

 

Passage over Adjoining Lands

Passage over adjoining lands

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.

Offence and punishment

(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.

Damage by such passage

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.

How recoverable

(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.

No compensation in certain cases

(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.

 

Power of Master

Unauthorized person may be repelled by force

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.

 

Officers Acting as Receivers of Wrecks

Certain officers to exercise powers of receiver of wrecks in his absence

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.

Priority where more than one present

(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.

Fees and right to salvage

(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.

Persons when deemed acting under receiver of wrecks

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.

 

Wreck

Duty of persons finding wreck

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.

Aircraft

(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.

Offence and punishment

(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.

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 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.

Salvage to informer

(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.

Summary procedure

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.

Allegations in prosecutions

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.

Indictments for certain offences

(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.

Evidence of former convictions

(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.

Notice of wreck to be given

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.

Owner may claim wreck

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.

Consular officer

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.

 

Sale of Wreck

Sale for general advantage

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.

Where salvage is not paid

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.

 

Unclaimed Wreck

Sale of unclaimed wreck

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.

 

Claims to Wreck

Delivery of wreck

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.

Interpleader in case of wreck

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.

Enforcement of order

(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.

 

Delegation

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. 

Offence

Impeding receiver of wrecks

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.


Aircraft

Aircraft treated as if ship or vessel

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.

Reward for salvage services

(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.

Exemptions

(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.

Salvage Convention

449.1 (l) 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.

Inconsistent laws

(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.

Publication

(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.

 

Salvage

Salvage payable for saving life

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.

Priority

(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.

Award to salvor

(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.

Assistance

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.

Salvage not affected

(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.

Salvage of cargo or wreck

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.

 

Procedure in Salvage

Disputes respecting salvage

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.

When receiver of wrecks may hear dispute

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.

Appeals to Minister

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.

Other cases

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.

Costs

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.

Proceedings respecting salvage, how to be conducted

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.

Valuation of property

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.

Evidence of valuation

(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.

Fees

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

Seizure and detention of property

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.

Security

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.

Idem

(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.

Valuation of property

(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.

Enforcing security

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.

Procedure in disputes before a receiver of wrecks

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.

Apportionment of salvage

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.

Disputes arising after admission or agreement

(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.

Apportionment by 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.

Apportionment under law of country of foreign ship

(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.

Enforcement of salvage

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.

 

Salvage by Ships Belonging to Her Majesty

Salvage by Her Majesty's ships

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.

Consent of Governor in Council

(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.

Evidence of consent

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

Consent not proved

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

Aircraft

(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.

Salvage by Her Majesty's ships abroad

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.

Salvor and master to deliver statement

(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.

When proceedings in Canada

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.

Restriction

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

When proceedings in Canada

(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.

When proceedings not in Canada

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.

Saving for other salvage rights

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.

Rights of salvor protected

(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.

 

Limitation of Time for Salvage Proceedings

Proceedings within two years

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.

Extension of period by court

(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.

 

Security for Customs Duties on Salved Property

Duties on wreck

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.

 

Fees of Receivers of Wrecks

Receiver's fees

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.

Recovery of fees

(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.

Disputes respecting fees

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.

Fees to receiver

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.

 

Shipping Casualties and Accidents on Ships

Shipping casualties

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.

Investigation into accidents

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.

Powers of investigation

(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.

Regulations

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.

Offence and punishment

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

Examination of witnesses

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.

Evidence sent to Minister

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

Powers of examiner

(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.

Offence and punishment

(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.

 

Preliminary Inquiries into Casualties

Appointment of officer to hold preliminary inquiry

480. (1) The Minister may appoint a chief officer of customs, any officer of the Government of Canada or any other person to make preliminary inquiries respecting shipping casualties, and may define the territorial jurisdiction of that officer or person, and the persons so appointed shall make a preliminary inquiry respecting a shipping casualty wherever so directed by the Minister, subject to the Canadian Transportation Accident Investigation and Safety Board Act.

Suspension of licence of pilot in certain cases

(2) Where, on a preliminary inquiry respecting a shipping casualty, the officer or person holding the inquiry is of the opinion that any loss or damage, or the stranding of any ship, or any loss of life has been caused by the wrongful act or default or by the incapacity of the pilot in charge, or that the pilot has been guilty of any gross act of misconduct or drunkenness, the licence of the pilot may be suspended by that officer or person until a formal investigation under this Part has been held and a further decision rendered on the case.

Term of suspension

(3) The term of suspension shall not exceed a period of three days, unless the Minister notifies the pilot within that time that a formal investigation will be held.

Power respecting inquiry

481. Subject to section 481.1, every officer or person referred to in section 480 may, for the purpose of holding a preliminary inquiry respecting a shipping casualty,

(a) go on board any vessel or wreck and inspect it or any part thereof, or any of the machinery, boats, equipments, lading or articles on board thereof, the boarding or inspection of which appears to him to be requisite for the purpose of the inquiry, not unnecessarily detaining the vessel from proceeding on any voyage;

(b) enter and inspect any premises, the entry and inspection of which appear to him requisite for the purpose of the inquiry;

(c) require by summons under his hand the attendance of all such persons as he thinks fit to call before him and examine for the purpose of the inquiry, and require answers or returns to any inquiries he thinks fit to make;

(d) require and enforce the production of all books, papers or documents that he considers important for the purpose of the inquiry; and

(e) administer oaths, or, in lieu of requiring and administering an oath, require every person examined by him to make and subscribe a solemn affirmation or declaration of the truth of the statement made by him in his examination.

Warrant required to enter dwelling-house

481.1 (1) Where any vessel or premises referred to in section 481 is a dwelling-house, an officer or person referred to in section 480 may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (2).

Authority to issue warrant

(2) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that entry to a dwelling-house is requisite for the purpose of an inquiry, and

(b) that entry to a dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

the justice of the peace may issue a warrant under his hand authorizing the officer or person referred to in section 480 named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

Use of force

(3) In executing a warrant issued under subsection (2), the officer or person referred to in section 480 named therein shall not use force unless the officer or person is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Report to the Minister

482. On the conclusion of any inquiry, the officer or person who made the inquiry shall send to the Minister a report containing a full statement of the case, and of his opinion thereon, accompanied by such report of or extracts from the evidence and such observations as he thinks fit.

 

Formal Investigations into Casualties

Commissioner for formal investigations

483. (1) The Minister may appoint any officer of the Government of Canada, any judge of any court of record, any deputy judge of the Federal Court or any provincial court judge to be a commissioner to hold formal investigations, or any formal investigation in respect of any shipping casualty, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and a commissioner shall for that purpose be a court.

Appointment of court

(2) Where the Minister considers any shipping casualty to be of extreme gravity and special importance, the Minister may appoint two or more fit persons to be commissioners to hold a formal investigation, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and the commissioners so appointed are for that purpose a court and that court shall, in addition to its judgment, make a full and detailed report to the Minister on the circumstances of the case, and may make such recommendations as may in its opinion be proper.

Investigation by request

(3) The Minister shall not direct the holding of a formal investigation in respect of any shipping casualty occurring to or in respect of a ship registered in any Commonwealth country other than Canada except at the request, or with the consent, of the government of that country in which the ship is registered.

Exemption

(4) Subsection (3) does not apply in the case of a shipping casualty that occurs on or near the coast of Canada or in respect of a ship wholly engaged in the coasting trade of Canada.

No investigation into case already dealt with

484. An investigation into a shipping casualty shall not be held under this Part into any matter that has once been the subject of an investigation or inquiry and has been reported on by a competent court or tribunal in any Commonwealth country, or with respect to which the certificate of a master, mate, pilot or engineer has been cancelled or suspended by a naval court.

Duty of court of investigation

485. A court appointed pursuant to section 483 is authorized to hold a formal investigation if the investigation is ordered by the Minister in the following cases:

(a) a shipping casualty;

(b) where a master, mate, pilot or engineer has been charged with incompetency, misconduct or default while serving on board any British ship in Canadian waters or in the course of a voyage to a port in Canada;

(c) where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving as an officer on board a Canadian ship;

(d) where a master, mate, pilot or engineer is charged with incompetency, misconduct or default while serving on board a British ship is found in Canada;

(e) where, in the case of a collision, the master or certificated officer or pilot in charge of a vessel fails, without reasonable cause,

(i) to render to the other vessel, its master, crew and passengers, such assistance as is practicable and necessary to save them from any danger caused by the collision,

(ii) to stay by the vessel until he has ascertained that the vessel has no need of further assistance, and

(iii) to give to the master or person in charge of the other vessel the name of his own vessel, the port to which he belongs and the names of the ports from which he comes and to which he is bound; and

(f) where the Minister believes on reasonable grounds that any master, mate, pilot or engineer is from any cause unfit to discharge or incapable of discharging his duties.

Preliminary inquiry unnecessary

486. It is not necessary to hold a preliminary inquiry before a formal investigation is held.

Assessors

487. (1) The Minister may appoint one or more assessors of nautical, engineering or other special skill or knowledge for the purpose of assisting courts appointed pursuant to section 483 in holding formal investigations into shipping casualties, and the appointments shall be in force for three years.

Re-appointment

(2) An assessor is eligible for re-appointment, and the Minister may at any time cancel the appointment of an assessor.

Fees and expenses

(3) There shall be paid to every assessor the expenses properly incurred by him in the performance of his duties and such fees for services as are determined by the Minister.

Assessors

488. (1) A court holding a formal investigation into a shipping casualty shall hold it with two or more assessors to be selected for that purpose by the Minister.

Qualification

(2) The assessors selected under subsection (1) shall have nautical, engineering or special skill in the matter to be inquired into.

Oaths of commissioners and assessors

489. Every commissioner and assessor, before entering on his duties, shall take and subscribe the following oath:

I, , do swear (or solemnly affirm) that I will perform the duties of commissioner (or assessor) under the Canada Shipping Act, and that I will act faithfully in that capacity, without partiality, fear, favour or affection. So help me God.

Place of investigation

490. Formal investigations shall be held in a town hall, county court house or public building, or in some other suitable place to be determined by the court.

Powers of court of investigation

491. (1) A court holding a formal investigation under this Part has the power of summoning before it any person and of requiring him to give evidence on oath, either orally or in writing, and to produce such documents and things as the court deems requisite to the full investigation of the matters into which it is appointed to examine, and it has the same power to enforce the attendance of witnesses and to compel them to give evidence as is vested in any court of justice in civil cases.

Proceedings of court

(2) The proceedings of the court shall be assimilated as far as possible to those of the ordinary courts of justice, with the like publicity.

Disobedience of summons

(3) If any person summoned by the court and paid or tendered his proper expenses of attendance does not, without reasonable cause, obey the summons, or having attended, refuses to give evidence or to produce such documents and things as the court deems requisite, he is guilty of an offence and liable, in addition to any other liability, to a fine not exceeding forty dollars.

Witnesses to be allowed fees and expenses

492. (1) Every witness attending at a preliminary inquiry or at a formal investigation under this Part shall be allowed such fees and expenses as would be allowed to any witness attending on subpoena to give evidence before the Federal Court.

Taxation of witness fees

(2) In case of any dispute with respect to the amount of expenses, the dispute shall be referred by the officer or person holding the inquiry to the nearest prothonotary, clerk, master or other taxing officer of any court of record within the jurisdiction of which the attendance is required, who, on a request made to him for that purpose under the hand of that officer or person, shall ascertain and certify the proper amount of those expenses.

Power respecting certificates

493. (1) The certificate of a master, mate or engineer, or the licence of a pilot, may be cancelled or suspended

(a) by a court holding a formal investigation into a shipping casualty under this Part, or by a naval court constituted under this Act, if the court finds that the loss or abandonment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default, but the court shall not cancel or suspend a certificate unless at least one of the assessors concurs in the finding of the court;

(b) by a court holding an inquiry under Part II or under this Part into the conduct of a master, mate or engineer, if it finds that he is incompetent, or has been guilty of any gross act of misconduct, drunkenness or tyranny, or that in a case of collision he has failed to render such assistance or give such information as is required under Part IX; or

(c) by any naval or other court where under the powers given by this Part, the holder of the certificate is superseded or removed by that court.

Pilots' licences

(2) The provisions of this Part relating to the manner in which the certificates of a master, mate or engineer shall be dealt with extend, in so far as they are applicable, to pilots' licences, which are subject to cancellation or suspension in the same manner as those certificates are subject to cancellation or suspension under this Part.

Penalty

(3) The court may, instead of cancelling or suspending the licence of a pilot, penalize that pilot in any sum of not more than four hundred dollars and not less than fifty dollars, and may make an order for the payment of the penalty by instalments or otherwise, as it deems expedient.

How recoverable

(4) Any penalty incurred under this section may be recovered in the name of Her Majesty in a summary manner with costs under the provisions of the Criminal Code relating to summary convictions.

Decision in open court

(5) Where any case before a court described in subsection (1) involves a question with respect to the cancelling or suspending of a certificate, that court shall, at the conclusion of the case or as soon afterwards as possible, state in open court its decision with respect to the cancelling or suspending of the certificate.

Report

(6) The court shall in all cases send a full report on the case with the evidence to the Minister, and, if it determines to cancel or suspend any certificate, send the cancelled or suspended certificate to the Minister with its report.

Copy of report to holder of certificate

(7) A certificate shall not be cancelled or suspended by a court under this section, unless a copy of the report, or a statement of the case on which the investigation or inquiry has been ordered, has been furnished before the commencement of the investigation or inquiry to the holder of the certificate.

Dissenting assessors

(8) Each assessor who does not concur in and sign the finding of the court shall state in writing his dissent therefrom and the reasons for that dissent.

Certificates of another part of Commonwealth

494. Any court holding a formal investigation under this Part may cancel or suspend a certificate of competency or service granted by another Commonwealth country in so far only as concerns its validity within Canada.

Costs of investigation

495. (1) Any court holding a formal investigation under this Part may make such order as it thinks fit respecting the costs of an investigation, the re-hearing thereof or any part of an investigation or re-hearing, and the order shall be enforced by the court as an order for costs under the provisions of the Criminal Code relating to summary convictions.

Costs may be paid by Minister

(2) The Minister may, if in any case he thinks fit to do so, pay the costs of any inquiry or formal investigation.

Court may require delivery of certificate

496. (1) A court holding a formal investigation under this Part may at any time, either during or after the investigation, call on any master, mate, pilot or engineer to deliver his certificate or licence to the court.

Offence and punishment

(2) Any master, mate, pilot or engineer who fails, without reasonable cause, to deliver his certificate to the court when called on by the court is guilty of an offence and liable to a fine not exceeding two hundred dollars.

Copy of judgment to be given

497. A court that has held a formal investigation under this Part shall, on application being made therefor, furnish free of charge to any master, mate, pilot or engineer whose certificate has been cancelled or suspended, or to his agent, a copy of the judgment of the court.

Judgment to be sent to the Minister

498. A court that has held a formal investigation under this Part shall in all cases send the judgment in the case with the evidence to the Minister and if it determines to cancel or suspend any certificate, and the certificate has been delivered to the court, the certificate shall also be sent to the Minister.

What to be done with certificate

499. The Minister shall, if the certificate or licence referred to in section 498

(a) has been issued in Canada, retain it; or

(b) has been issued in any Commonwealth country other than Canada, send it, together with a full report on the case and a copy of the evidence, to the government of that country.

Certificates cancelled or suspended in other part of Commonwealth

500. Where a certificate of competency or service granted in Canada has been cancelled or suspended by any court holding a formal investigation into any shipping casualty in any other Commonwealth country, the Minister may adopt and carry out that cancellation or suspension and demand the delivery up to him of that certificate of competency or service.

Re-hearing of investigation

501. (1) In any case where a formal investigation has been held, the Minister may order the investigation to be re-heard, either generally or with respect to any part thereof, and he shall so order

(a) if new and important evidence that could not be produced at the investigation has been discovered; or

(b) if, for any other reason, there has been in his opinion ground for suspecting that a miscarriage of justice has occurred.

Re-hearing

(2) The Minister may order the case to be re-heard by the court by which the case was heard in the first instance, or may appoint another commissioner and select the same or other assessors to re-hear the case.

Appeal

(3) Where on any investigation a decision has been given with respect to the cancelling or suspension of the certificate of a master, mate or engineer, or the licence of a pilot, and an application for a re-hearing under this section has not been made or has been refused, an appeal lies from the decision to the Admiralty Court.

Subject to conditions and regulations

(4) Any re-hearing or appeal under this section is subject to and is to be conducted in accordance with such conditions and regulations as may be prescribed by rules made in relation thereto under the powers contained in this Part.

Want of form, etc.

(5) No proceeding or judgment of a court in or on any formal investigation shall be quashed or set aside for any want of form or removed by certiorari or otherwise into any court, and no writ of prohibition shall issue to any court constituted under this Act in respect of any proceeding or judgment in or on any formal investigation.

No re-hearing in Canada

502. The Minister shall not order a re-hearing in Canada in connection with a shipping casualty in respect of which a formal investigation has been held in any other Commonwealth country.

Rules for procedure, etc.

503. The Governor in Council may make rules for carrying into effect the enactments relating to preliminary inquiries and formal investigations and to the re-hearing of or appeal from any formal investigation, 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.

 

Inquiries as to the Competency and Conduct of Officers

Inquiry into conduct of certificated officer

504. (1) The Minister may cause an inquiry to be held if the Minister believes on reasonable grounds that any master, mate or engineer

(a) is unfit to discharge their duties because of incompetency or misconduct;

(b) has failed to render any assistance or give any information that is required under sections 568 and 569; or

(c) while on board a vessel that has contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act, had knowledge of the contravention at the time it occurred.

Appointment by Minister

(2) The Minister may either himself appoint a person to hold the inquiry or may direct the inquiry to be held before a judge of the Admiralty Court.

Duties of person appointed

(3) Where the inquiry is held by a person appointed by the Minister, that person

(a) shall hold the inquiry with the assistance of a competent legal assistant appointed by the Minister;

(b) has all the powers of a steamship inspector under this Act;

(c) shall give any master, mate or engineer against whom a charge is made an opportunity of making his defence either in person or otherwise, and may summon him to appear;

(d) may make such order with regard to the costs of the inquiry as he thinks just; and

(e) shall send a report on the case to the Minister.

Inquiry held by judge

(4) Where the inquiry is held by a judge of the Admiralty Court, the inquiry shall be conducted and the results reported in the same manner, and the court has the like powers, as in the case of a formal investigation into a shipping casualty under this Part.

Suspension or cancellation of certificate

505. Where on any inquiry held pursuant to section 504 the Minister is satisfied

(a) that any master, mate or engineer is incompetent or has been guilty of any act of misconduct, drunkenness or tyranny,

(a.1) that any master, mate or engineer on board a vessel that has contravened any of sections 5.3 to 5.5 of the Coastal Fisheries Protection Act knew, at the time that the contravention occured, that the vessel was committing the contravention,

(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, mate or engineer,

(c) that any master, mate or engineer 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 mate, in cases of collision between his vessel and another vessel, has failed without reasonable cause to comply with the requirements of section 568 with regard to rendering assistance or to giving information,

he may, with respect to either a certificate granted in Canada or a certificate granted in any other Commonwealth country in so far only as concerns its validity in Canada, suspend or cancel the certificate of competency or service of the master or mate or the certificate of the engineer.

 

Adjudications by Naval Courts on the High Seas 
and Abroad

Cases in which naval courts may be summoned

506. A court, in this Act called a "naval court", may be summoned by any officer in command of any ship belonging to Her Majesty, on any foreign station, or, in the absence of such an officer, by any consular officer, in the following cases

(a) whenever a complaint that appears to that officer to require immediate investigation is made to him by the master of any Canadian ship, by a certified mate or by any one or more of the seamen belonging to the ship;

(b) whenever the interest of the owner of any Canadian ship or of the cargo thereof appears to that officer to require it; and

(c) whenever any Canadian ship is wrecked, abandoned or otherwise lost at or near the place where that officer may be, or whenever the crew or part of the crew of a Canadian ship that has been wrecked, abandoned or lost abroad arrive at that place.

Application of law other than that of Canada

507. (1) Whenever a naval court is summoned pursuant to section 506 to sit at a place in a Commonwealth country other than in Canada or on board a ship belonging to Her Majesty in right other than in right of Canada, the court is hereby authorized to proceed, with relation to Canadian ships and with relation to their owners, masters, mates, engineers and crews, in all respects according to the law of the place in which or the ship on board which the court is sitting, and that law shall, when so applied to Canadian ships and their owners, masters, mates, engineers and crews, bind them as if it were the law of Canada.

Alternative application of this Act

(2) A naval court that is summoned to sit pursuant to section 506 may proceed pursuant to sections 508 to 515 which, with section 506, apply in any event to all naval courts summoned to sit on board any ship belonging to Her Majesty in right of Canada.

Constitution of naval courts

508. (1) A naval court shall consist of not more than five and not less than three members, 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 British merchant ship, and the rest shall be either officers in the naval service of Her Majesty in that right, masters of British merchant ships or British merchants, 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.

President

(2) The naval or consular officer in the court, if there is only one such officer, or, if there is more than one, the naval or consular officer who, according to any regulations for settling their respective ranks for the time being in force, is of the highest rank, shall be the president of the court.

Functions of naval courts

509. (1) A naval court shall hear the complaint or other matter brought before it under this Act, or investigate the cause of the wreck, abandonment or loss of any ship, and shall do so in such manner as to give every person against whom any complaint or charge is made an opportunity of making a defence.

Oaths, witnesses and evidence

(2) A naval court may, for the purpose of the hearing and investigation, administer oaths, summon parties and witnesses, and compel their attendance and the production of documents.

Powers of naval courts

510. (1) Every naval court may, after hearing and investigating a case, exercise the following powers:

(a) the court may, if unanimous that the safety of the ship or crew or the interest of the owner absolutely requires it, remove the master and appoint another person to act in his stead, but no such appointment shall be made without the consent of the consignee of the ship if the consignee is at the place where the case is heard;

(b) the court may, in cases in which it is authorized by this Act and subject to this Act, cancel or suspend the certificate of any master, mate or engineer;

(c) the court may discharge a seaman from his ship;

(d) the court may order the wages of a seaman so discharged or any part of those wages to be forfeited, and may direct the wages either to be retained by way of compensation to the owner or to be paid to the Minister to form part of the Consolidated Revenue Fund in the same manner as fines under this Act;

(e) the court may decide any questions with respect to wages, fines or forfeitures arising between any of the parties to the proceedings;

(f) the court may direct that all or any of the costs incurred by the master or owner of any ship in procuring the imprisonment of any seaman or apprentice in a foreign port, or in his maintenance while so imprisoned, shall be paid out of and deducted from the wages of that seaman or apprentice, whether then or subsequently earned;

(g) the court may exercise the same powers with regard to persons charged before it with the commission of offences at sea or abroad as consular officers may exercise under section 615;

(h) the court may punish any master of a ship or any of the crew of a ship respecting whose conduct a complaint is brought before it for any offence under this Act that, when committed by that master or member of the crew, is punishable on summary conviction, and has for that purpose the same powers as a court of summary jurisdiction would have if the case were tried in Canada, but

(i) where an offender is sentenced to imprisonment, the senior naval or consular officer present at the place where the court is held shall in writing confirm the sentence and approve the place of imprisonment, whether on land or on board ship, as a proper place for the purpose, and

(ii) copies of all sentences passed by any naval court summoned to hear the complaint shall be sent to the commander-in-chief or senior naval officer of the station;

(i) the court may, if it appears expedient, order a survey of any ship that is the subject of investigation to be made, and the survey shall accordingly be made in the same way, and the surveyor who makes the survey has the same powers, as if the survey had been directed by a competent court pursuant to section 391; and

(j) the court may order the costs of the proceedings before them, or any part of those costs, to be paid by any of the parties thereto, and may order any person making a frivolous or vexatious complaint to pay compensation for any loss or delay caused thereby, and any costs or compensation so ordered to be paid shall be paid by that person accordingly, and may be recovered in the same manner in which the wages of the seamen are recoverable, or may, if the case admits, be deducted from the wages due to that person.

Orders conclusive

(2) All orders duly made by a naval court under the powers hereby given to it are, in any subsequent legal proceedings, conclusive with respect to the rights of the parties.

Entry of orders

(3) All orders made by any naval court shall, whenever practicable, be entered in the official log-book of the ship to which the parties to the proceedings before the court belong, and shall be signed by the president of the court.

Report of proceedings of naval courts

511. (1) Every naval court shall, in respect of any Canadian ship, make a report to the Minister containing the following particulars:

(a) a statement of the proceedings of the court, together with the order made by the court, and a report of the evidence;

(b) an account of the wages of any seaman or apprentice who is discharged from his ship by the court; and

(c) if summoned to inquire into a case of wreck or abandonment, a statement of the opinion of the court respecting the cause of that wreck or abandonment, with such remarks on the conduct of the master and crew as the circumstances require.

Signature and evidence

(2) Every report shall be signed by the president of the court, and is admissible in evidence in the manner provided by this Act.

Offence and punishment

512. Every person who wilfully and without due cause prevents or obstructs the making of any complaint to an officer empowered to summon a naval court, or the conduct of any hearing or investigation by any naval court, is guilty of an offence and liable to a fine not exceeding two hundred and fifty dollars, or to imprisonment for any period not exceeding three months.

Application of provisions respecting naval courts

513. (1) Sections 506 to 512 apply to all sea-going Canadian ships with the exception of fishing boats exclusively employed in fishing on the coasts of Canada when those ships are out of the jurisdiction of the Government of Canada and, where they apply to a ship, apply to the owners, master and crew of that ship.

Construction

(2) For the purposes of sections 506 to 512, an unregistered ship owned by a British subject domiciled in Canada shall be deemed to have been registered in Canada.

Power of naval court

514. (1) The powers of a naval court under section 510 include the power to send to Canada an offender sentenced by the court to punishment for the purpose of being there imprisoned, and the court may take the same steps, and for the purpose has the same powers, with respect to the orders that may be given to masters of ships, as a consular officer has for the purpose of sending an offender for trial under section 615 and subsections (2), (3), (5) and (6) of that section apply with such modifications as the circumstances require.

Delivery of offender

(2) Any master of a ship to whose charge an offender is committed under this section shall, on his ship's arrival in Canada, give the offender into the custody of a police officer or constable, and the offender shall be dealt with as if he had been convicted and sentenced to imprisonment by a court of competent jurisdiction in Canada.

Appeal from naval courts

515. (1) Any person aggrieved by an order of a naval court ordering the forfeiture of wages, or by a decision of a naval court on a question respecting wages, fines or forfeitures, may appeal to the Admiralty Court, in such manner and subject to such conditions and provisions as may be provided by the rules of that Court, and on an appeal the Court may confirm, quash or vary the order or decision appealed against as it thinks just.

Orders quashed or varied

(2) Subsection 510(2) does not have effect with respect to any order of a naval court that is quashed on an appeal under this section and, where an order of a naval court is varied on appeal, applies as if the order as so varied were the order originally made by the naval court.

 

Removal of Master by Admiralty Court

Removal of master

516. (1) In Canada, the Admiralty Court, and elsewhere in the Commonwealth countries any court having admiralty jurisdiction, may remove the master of any Canadian ship while within the jurisdiction of that court, if that removal is shown to the satisfaction of the court by evidence on oath to be necessary.

Application for removal

(2) The removal may be made on the application of any owner of the ship or his agent, of the consignee of the ship, of any certificated mate or of one-third or more of the crew of the ship.

Appointment of new master

(3) The court may appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship is within the jurisdiction of the court, an appointment under this subsection shall not be made without the consent of that owner, agent or consignee.

Costs

(4) The court may make such order and require such security in respect of the costs of the matter as the court thinks fit.

Definitions

516.1 The following definitions apply in this Part.

“Department”

«ministère»

“Department” means the Department of Fisheries and Oceans.
 

 
“Minister”

«ministre»

“Minister” means the Minister of Fisheries and Oceans.


 


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Last updated: 2005-10-05 Top of Page Important Notices