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Transport Canada's Navigable Waters Protection Division is also responsible for the administration of the Receiver of Wreck Program. For the year 1996 the Receiver of Wreck for at Vancouver recorded 233 vessels found 182 vessels reported lost.
What is a Receiver of Wreck?
A Receiver of Wreck is an officer of the Transport Canada appointed by Order-in-Council under Part VI of the Canadian 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 Wreck?
A salvor may be an individual, a company, the owner of wreck or the owner's representative, or municipal, provincial or federal agencies.
What must a salvor do?
The salvor, unless acting on behalf of the owner of wreck, has an obligation to report the fact to the Receiver of Wreck. The salvor is required 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 a vessel is registered or an insurance company.
What is the role of the Receiver?
The Receiver of Wrecks acts as custodian for 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 to sell the wreck through public sale. Under some conditions wreck may be disposed of in less than one year.
Where is the Receiver of Wreck located?
All receivers are officials of Transport Canada. There are 19 wreck districts across Canada administered by 25 Receiver of Wreck.
Would I be compensated for any salvage costs incurred?
Salvors are entitled to reasonable salvage costs and expenses for the efforts.
What happens to Wreck if the owner is located?
The owner must pay the salvor reasonable salvage costs and expenses. For wreck of low value the amount can be set by the Receiver. The Federal Court of Canada may decide in more significant cases.
What happens to wreck if the owner is not located?
If the wreck is of minimum value the Receiver may sell the wreck to the salvor in lieu of salvage expenses. If the wreck is disposed of through public sale and the salvor is not the successful bidder, he or she is still entitled to salvages expenses.
Who receives the proceeds for the sale of wrecks?
Proceeds from the sale of wreck go first to the Receiver General for Canada to cover expenses of the Receiver. Beyond that, all or part of the proceeds may 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 frequently salvaged?
- Modern day wreck (derelict)
- Old commercial ships
- Pleasure boats
- Parts of cargo of ships or boats
- Wreck of intrinsic value
- Aircraft
What should a salvor not salvage and why?
Military wreck. In most cases neither the Canadian nor foreign governments will grant permission to salvors to salvage military wreck because of danger associated with unexploded ammunition.
Wreck that consists of or contains goods of a dangerous nature (e.g. PBC's chemicals)
Wreck of known historic or archaeological value should not be disturbed.
As a salvor how can I protect my discovery form other salvors?
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 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.
Where can I obtain additional information?
Receiver of Wreck
Navigable Waters Protection Division
Suite 820 - 800 Burrard Street,
Vancouver, B.C.
V6Z 2J8
Telephone Number: (604) 775-8867
Facsimile Numbe: (604) 775-8828
Marine Navigation Services Directorate
Navigable Waters Protection Programs
Tower C, Place de Ville
330 Sparks Stree, floor 10
Ottawa, Ontario
K1A 0N5
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