Who is the Receiver of wrecks? The Receiver of Wreck is an
officer of the Canadian Coast Guard appointed by Order-in-Council under Part
VI of the Canada Shipping Act, to act as a custodian of "wreck" in
the absence of the rightful owner.
What is a wreck?
A wreck can be a ship or boat of any description, an
aircraft, or a part of a ship, boat or airplane (e.g. cargo, stores,
tackle); it can be any part of a ship, boat or aircraft that floats,
sinks to the bottom or lands ashore; it can be cargo or the personal
belongings of the crew or those shipwrecked persons.
Who can salvage a wreck?
The salvor may be an individual, a company, the owner of the
wreck or the owner's representative, or municipal, provincial or federal
agencies that will salvage the wreck.
What must I do as salvor when I discover a wreck?
The salvor, unless acting on behalf of the owner of wreck,
has an obligation to report the fact to the Receiver of Wreck in order to be
able to complete a "Notice to Salvors of Wreck" form.
As a salvor, can I keep any wreck I discover?
Not unless you are the owner. A ship that sinks or goes
aground or cargo that is lost over the side is still the property of the shipper,
the company to which the vessel is registered, an insurance company.
What is the role of the Receiver?
The Receiver of Wreck acts as the custodian of a wreck in the
absence of the rightful owner. The Receiver has a responsibility to attempt to
locate the owner within a one–year period. If after one year no owner is
located, the Receiver may dispose of the wreck to the salvor or sell it through
public sale. Under some conditions the Receiver may dispose of wreck in less
than one year.
Will I be compensated for any salvage costs incurred?
Salvors are entitled to reasonable salvage costs and expenses
for their efforts.
What happends to a wreck if the owner is located?
The owner must pay the salvor reasonable salvage costs and
expenses. For wreck of low value the Receiver can set the amount. The Federal
Court of Canada may decide in more significant casesThe owner must pay the
salvor reasonable salvage costs and expenses. For wreck of low value the
Receiver can set the amount. The Federal Court of Canada may decide in more
significant cases
What appens to a wreck if the owner is not located?
If wreck is of minimum value, the Receiver may sell the wreck
to the salvor in lieu of salvage expenses. If wreck is disposed of through
public sale and the salvor is not the successful bidder, he or she is still
entitled to salvage expenses.
Who receives the proceeds for the sale of a wreck?
Proceeds from the sale of wreck go to the Receiver General
for Canada to cover expenses of the Receiver. Beyond that, all or part of the
proceeds may be available to cover a salvage award beyond the salvor's expenses.
The remainder (if any) reverts to the Receiver General for Canada.
What is most often salvaged?
Modern-day wrecks ;
Old commercial ships;
Pleasure boats;
Parts of cargo of ships and boats;
Wreck of intrinsic value;
Aircraft;
Artifacts.
What should a salvor not salvage and why?
Military wreck – In most cases neither the Canadian or foreign
governments will grant permission to salvors to salvage military wreck
because of the danger associated with unexploded ammunition
Wreck that consists of or contains goods of a dangerous nature (e.g. PCB
chemicals).
Wreck of known historic or archeological value should not be disturbed.
As a salvor, how can I protect my discovery against other salvors? Will the
Receiver of wreck assist me?
Unless the owner has given permission, salvors have no
specific legal right to the property. The Receiver is not responsible for
protecting the wreck site.
What are the consequences if I do not deliver a wreck to the Receiver?
The deliberate failure to deliver to the Receiver wreck that
has been removed from a site is considered to be plundering. When wreck is
hidden by a salvor, the Receiver may take action such as search and seizure or
legal action.
