Wrecked, Abandoned or Hazardous Vessels Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Interpretation

Her Majesty

Purpose

Application

Powers, Duties and Functions of Ministers

Disclosure of Information

Part 1 · Removal of Wrecks

Part 2 · Vessels and Wrecks of Concern

Part 3 · Salvage

Part 4 · Receiver of Wreck

Part 5 · Administration and Enforcement

Part 6 · General

Part 7 · Regulations

Part 8 · Transitional Provision and Related and Consequential Amendments

Part 9 · Review

Part 10 · Coming into Force

Schedule 1 · Nairobi International Convention on the Removal of Wrecks, 2007 (Section 2)

THE STATES PARTIES TO THE PRESENT CONVENTION,CONSCIOUS of the fact that wrecks, if not removed, may pose a hazard to navigation or the marine environment,CONVINCED of the need to adopt uniform international rules and procedures to ensure the prompt and effective removal of wrecks and payment of compensation for the costs therein involved,NOTING that many wrecks may be located in States’ territory, including the territorial sea,RECOGNIZING the benefits to be gained through uniformity in legal regimes governing responsibility and liability for removal of hazardous wrecks,BEARING IN MIND the importance of the United Nations Convention on the Law of the Sea, done at Montego Bay on 10 December 1982, and of the customary international law of the sea, and the consequent need to implement the present Convention in accordance with such provisions,HAVE AGREED as follows:DefinitionsFor the purposes of this Convention:1 Convention area means the exclusive economic zone of a State Party, established in accordance with international law or, if a State Party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than 200 nautical miles from the baselines from which the breadth of its territorial sea is measured.2 Ship means a seagoing vessel of any type whatsoever and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources.3 Maritime casualty means a collision of ships, stranding or other incident of navigation, or other occurrence on board a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo.4 Wreck, following upon a maritime casualty, means:(a) a sunken or stranded ship; or(b) any part of a sunken or stranded ship, including any object that is or has been on board such a ship; or(c) any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or(d) a ship that is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the ship or any property in danger are not already being taken.5 Hazard means any condition or threat that:(a) poses a danger or impediment to navigation; or(b) may reasonably be expected to result in major harmful consequences to the marine environment, or damage to the coastline or related interests of one or more States.6 Related interests means the interests of a coastal State directly affected or threatened by a wreck, such as:(a) maritime coastal, port and estuarine activities, including fisheries activities, constituting an essential means of livelihood of the persons concerned;(b) tourist attractions and other economic interests of the area concerned;(c) the health of the coastal population and the wellbeing of the area concerned, including conservation of marine living resources and of wildlife; and(d) offshore and underwater infrastructure.7 Removal means any form of prevention, mitigation or elimination of the hazard created by a wreck. “Remove”, “removed” and “removing” shall be construed accordingly.8 Registered owner means the person or persons registered as the owner of the ship or, in the absence of registration, the person or persons owning the ship at the time of the maritime casualty. However, in the case of a ship owned by a State and operated by a company which in that State is registered as the operator of the ship, “registered owner” shall mean such company.9 Operator of the ship means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who, on assuming such responsibility, has agreed to take over all duties and responsibilities established under the International Safety Management Code, as amended.10 Affected State means the State in whose Convention area the wreck is located.11 State of the ship’s registry means, in relation to a registered ship, the State of registration of the ship and, in relation to an unregistered ship, the State whose flag the ship is entitled to fly.12 Organization means the International Maritime Organization.13 Secretary-General means the Secretary-General of the Organization.Objectives and general principles1 A State Party may take measures in accordance with this Convention in relation to the removal of a wreck which poses a hazard in the Convention area.2 Measures taken by the Affected State in accordance with paragraph 1 shall be proportionate to the hazard.3 Such measures shall not go beyond what is reasonably necessary to remove a wreck which poses a hazard and shall cease as soon as the wreck has been removed; they shall not unnecessarily interfere with the rights and interests of other States including the State of the ship’s registry, and of any person, physical or corporate, concerned.4 The application of this Convention within the Convention area shall not entitle a State Party to claim or exercise sovereignty or sovereign rights over any part of the high seas.5 States Parties shall endeavour to co-operate when the effects of a maritime casualty resulting in a wreck involve a State other than the Affected State.Scope of application1 Except as otherwise provided in this Convention, this Convention shall apply to wrecks in the Convention area.2 A State Party may extend the application of this Convention to wrecks located within its territory, including the territorial sea, subject to Article 4, paragraph 4. In that case, it shall notify the Secretary-General accordingly, at the time of expressing its consent to be bound by this Convention or at any time thereafter. When a State Party has made a notification to apply this Convention to wrecks located within its territory, including the territorial sea, this is without prejudice to the rights and obligations of that State to take measures in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing them in accordance with this Convention. The provisions of articles 10, 11 and 12 of this Convention shall not apply to any measures so taken other than those referred to in articles 7, 8 and 9 of this Convention.3 When a State Party has made a notification under paragraph 2, the “Convention area” of the Affected State shall include the territory, including the territorial sea, of that State Party.4 A notification made under paragraph 2 above shall take effect for that State Party, if made before entry into force of this Convention for that State Party, upon entry into force. If notification is made after entry into force of this Convention for that State Party, it shall take effect six months after its receipt by the Secretary-General.5 A State Party that has made a notification under paragraph 2 may withdraw it at any time by means of a notification of withdrawal to the Secretary-General. Such notification of withdrawal shall take effect six months after its receipt by the Secretary-General, unless the notification specifies a later date.Exclusions1 This Convention shall not apply to measures taken under the International Convention relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, as amended, or the Protocol relating to Intervention on the High Seas in Cases of Pollution by Substances other than Oil, 1973, as amended.2 This Convention shall not apply to any warship or other ship owned or operated by a State and used, for the time being, only on Government non-commercial service, unless that State decides otherwise.3 Where a State Party decides to apply this Convention to its warships or other ships as described in paragraph 2, it shall notify the Secretary-General, thereof, specifying the terms and conditions of such application.4 (a) When a State Party has made a notification under article 3, paragraph 2, the following provisions of this Convention shall not apply in its territory, including the territorial sea:(i) Article 2, paragraph 4;(ii) Article 9, paragraphs 1, 5, 7, 8, 9 and 10; and(iii) Article 15.(b) Article 9, paragraph 4, insofar as it applies to the territory, including the territorial sea of a State Party, shall read:Subject to the national law of the Affected State, the registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.Reporting wrecks1 A State Party shall require the master and the operator of a ship flying its flag to report to the Affected State without delay when that ship has been involved in a maritime casualty resulting in a wreck. To the extent that the reporting obligation under this article has been fulfilled either by the master or the operator of the ship, the other shall not be obliged to report.2 Such reports shall provide the name and the principal place of business of the registered owner and all the relevant information necessary for the Affected State to determine whether the wreck poses a hazard in accordance with article 6, including:(a) the precise location of the wreck;(b) the type, size and construction of the wreck;(c) the nature of the damage to, and the condition of, the wreck;(d) the nature and quantity of the cargo, in particular any hazardous and noxious substances; and(e) the amount and types of oil, including bunker oil and lubricating oil, on board.Determination of hazardWhen determining whether a wreck poses a hazard, the following criteria should be taken into account by the Affected State:(a) the type, size and construction of the wreck;(b) depth of the water in the area;(c) tidal range and currents in the area;(d) particularly sensitive sea areas identified and, as appropriate, designated in accordance with guidelines adopted by the Organization, or a clearly defined area of the exclusive economic zone where special mandatory measures have been adopted pursuant to article 211, paragraph 6, of the United Nations Convention on the Law of the Sea, 1982;(e) proximity of shipping routes or established traffic lanes;(f) traffic density and frequency;(g) type of traffic;(h) nature and quantity of the wreck’s cargo, the amount and types of oil (such as bunker oil and lubricating oil) on board the wreck and, in particular, the damage likely to result should the cargo or oil be released into the marine environment;(i) vulnerability of port facilities;(j) prevailing meteorological and hydrographical conditions;(k) submarine topography of the area;(l) height of the wreck above or below the surface of the water at lowest astronomical tide;(m) acoustic and magnetic profiles of the wreck;(n) proximity of offshore installations, pipelines, telecommunications cables and similar structures; and(o) any other circumstances that might necessitate the removal of the wreck.Locating wrecks1 Upon becoming aware of a wreck, the Affected State shall use all practicable means, including the good offices of States and organizations, to warn mariners and the States concerned of the nature and location of the wreck as a matter of urgency.2 If the Affected State has reason to believe that a wreck poses a hazard, it shall ensure that all practicable steps are taken to establish the precise location of the wreck.Marking of wrecks1 If the Affected State determines that a wreck constitutes a hazard, that State shall ensure that all reasonable steps are taken to mark the wreck.2 In marking the wreck, all practicable steps shall be taken to ensure that the markings conform to the internationally accepted system of buoyage in use in the area where the wreck is located.3 The Affected State shall promulgate the particulars of the marking of the wreck by use of all appropriate means, including the appropriate nautical publications.Measures to facilitate the removal of wrecks1 If the Affected State determines that a wreck constitutes a hazard, that State shall immediately:(a) inform the State of the ship’s registry and the registered owner; and(b) proceed to consult the State of the ship’s registry and other States affected by the wreck regarding measures to be taken in relation to the wreck.2 The registered owner shall remove a wreck determined to constitute a hazard.3 When a wreck has been determined to constitute a hazard, the registered owner, or other interested party, shall provide the competent authority of the Affected State with evidence of insurance or other financial security as required by article 12.4 The registered owner may contract with any salvor or other person to remove the wreck determined to constitute a hazard on behalf of the owner. Before such removal commences, the Affected State may lay down conditions for such removal only to the extent necessary to ensure that the removal proceeds in a manner that is consistent with considerations of safety and protection of the marine environment.5 When the removal referred to in paragraphs 2 and 4 has commenced, the Affected State may intervene in the removal only to the extent necessary to ensure that the removal proceeds effectively in a manner that is consistent with considerations of safety and protection of the marine environment.6 The Affected State shall:(a) set a reasonable deadline within which the registered owner must remove the wreck, taking into account the nature of the hazard determined in accordance with article 6;(b) inform the registered owner in writing of the deadline it has set and specify that, if the registered owner does not remove the wreck within that deadline, it may remove the wreck at the registered owner’s expense; and(c) inform the registered owner in writing that it intends to intervene immediately in circumstances where the hazard becomes particularly severe.7 If the registered owner does not remove the wreck within the deadline set in accordance with paragraph 6(a), or the registered owner cannot be contacted, the Affected State may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.8 In circumstances where immediate action is required and the Affected State has informed the State of the ship’s registry and the registered owner accordingly, it may remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of the marine environment.9 States Parties shall take appropriate measures under their national law to ensure that their registered owners comply with paragraphs 2 and 3.10 States Parties give their consent to the Affected State to act under paragraphs 4 to 8, where required.11 The information referred to in this article shall be provided by the Affected State to the registered owner identified in the reports referred to in article 5, paragraph 2.Liability of the owner1 Subject to article 11, the registered owner shall be liable for the costs of locating, marking and removing the wreck under articles 7, 8 and 9, respectively, unless the registered owner proves that the maritime casualty that caused the wreck:(a) resulted from an act of war, hostilities, civil war, insurrection, or a natural phenomenon of an exceptional, inevitable and irresistible character;(b) was wholly caused by an act or omission done with intent to cause damage by a third party; or(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.2 Nothing in this Convention shall affect the right of the registered owner to limit liability under any applicable national or international regime, such as the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.3 No claim for the costs referred to in paragraph 1 may be made against the registered owner otherwise than in accordance with the provisions of this Convention. This is without prejudice to the rights and obligations of a State Party that has made a notification under article 3, paragraph 2, in relation to wrecks located in its territory, including the territorial sea, other than locating, marking and removing in accordance with this Convention.4 Nothing in this article shall prejudice any right of recourse against third parties.Exceptions to liability1 The registered owner shall not be liable under this Convention for the costs mentioned in article 10, paragraph 1 if, and to the extent that, liability for such costs would be in conflict with:(a) the International Convention on Civil Liability for Oil Pollution Damage, 1969, as amended;(b) the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996, as amended;(c) the Convention on Third Party Liability in the Field of Nuclear Energy, 1960, as amended, or the Vienna Convention on Civil Liability for Nuclear Damage, 1963, as amended; or national law governing or prohibiting limitation of liability for nuclear damage; or(d) the International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, as amended;provided that the relevant convention is applicable and in force.2 To the extent that measures under this Convention are considered to be salvage under applicable national law or an international convention, such law or convention shall apply to questions of the remuneration or compensation payable to salvors to the exclusion of the rules of this Convention.Compulsory insurance or other financial security1 The registered owner of a ship of 300 gross tonnage and above and flying the flag of a State Party shall be required to maintain insurance or other financial security, such as a guarantee of a bank or similar institution, to cover liability under this Convention in an amount equal to the limits of liability under the applicable national or international limitation regime, but in all cases not exceeding an amount calculated in accordance with article 6(1)(b) of the Convention on Limitation of Liability for Maritime Claims, 1976, as amended.2 A certificate attesting that insurance or other financial security is in force in accordance with the provisions of this Convention shall be issued to each ship of 300 gross tonnage and above by the appropriate authority of the State of the ship’s registry after determining that the requirements of paragraph 1 have been complied with. With respect to a ship registered in a State Party, such certificate shall be issued or certified by the appropriate authority of the State of the ship’s registry; with respect to a ship not registered in a State Party it may be issued or certified by the appropriate authority of any State Party. This compulsory insurance certificate shall be in the form of the model set out in the annex to this Convention, and shall contain the following particulars:(a) name of the ship, distinctive number or letters and port of registry;(b) gross tonnage of the ship;(c) name and principal place of business of the registered owner;(d) IMO ship identification number;(e) type and duration of security;(f) name and principal place of business of insurer or other person giving security and, where appropriate, place of business where the insurance or security is established; and(g) period of validity of the certificate, which shall not be longer than the period of validity of the insurance or other security.3 (a) A State Party may authorize either an institution or an organization recognized by it to issue the certificate referred to in paragraph 2. Such institution or organization shall inform that State of the issue of each certificate. In all cases, the State Party shall fully guarantee the completeness and accuracy of the certificate so issued and shall undertake to ensure the necessary arrangements to satisfy this obligation.(b) A State Party shall notify the Secretary-General of:(i) the specific responsibilities and conditions of the authority delegated to an institution or organization recognized by it;(ii) the withdrawal of such authority; and(iii) the date from which such authority or withdrawal of such authority takes effect.An authority delegated shall not take effect prior to three months from the date on which notification to that effect was given to the Secretary-General.(c) The institution or organization authorized to issue certificates in accordance with this paragraph shall, as a minimum, be authorized to withdraw these certificates if the conditions under which they have been issued are not maintained. In all cases the institution or organization shall report such withdrawal to the State on whose behalf the certificate was issued.4 The certificate shall be in the official language or languages of the issuing State. If the language used is not English, French or Spanish, the text shall include a translation into one of these languages and, where the State so decides, the official language(s) of the State may be omitted.5 The certificate shall be carried on board the ship and a copy shall be deposited with the authorities who keep the record of the ship’s registry or, if the ship is not registered in a State Party, with the authorities issuing or certifying the certificate.6 An insurance or other financial security shall not satisfy the requirements of this article if it can cease for reasons other than the expiry of the period of validity of the insurance or security specified in the certificate under paragraph 2 before three months have elapsed from the date on which notice of its termination is given to the authorities referred to in paragraph 5 unless the certificate has been surrendered to these authorities or a new certificate has been issued within the said period. The foregoing provisions shall similarly apply to any modification, which results in the insurance or security no longer satisfying the requirements of this article.7 The State of the ship’s registry shall, subject to the provisions of this article and having regard to any guidelines adopted by the Organization on the financial responsibility of the registered owners, determine the conditions of issue and validity of the certificate.8 Nothing in this Convention shall be construed as preventing a State Party from relying on information obtained from other States or the Organization or other international organizations relating to the financial standing of providers of insurance or financial security for the purposes of this Convention. In such cases, the State Party relying on such information is not relieved of its responsibility as a State issuing the certificate required by paragraph 2.9 Certificates issued and certified under the authority of a State Party shall be accepted by other States Parties for the purposes of this Convention and shall be regarded by other States Parties as having the same force as certificates issued or certified by them, even if issued or certified in respect of a ship not registered in a State Party. A State Party may at any time request consultation with the issuing or certifying State should it believe that the insurer or guarantor named in the certificate is not financially capable of meeting the obligations imposed by this Convention.10 Any claim for costs arising under this Convention may be brought directly against the insurer or other person providing financial security for the registered owner’s liability. In such a case the defendant may invoke the defences (other than the bankruptcy or winding up of the registered owner) that the registered owner would have been entitled to invoke, including limitation of liability under any applicable national or international regime. Furthermore, even if the registered owner is not entitled to limit liability, the defendant may limit liability to an amount equal to the amount of the insurance or other financial security required to be maintained in accordance with paragraph 1. Moreover, the defendant may invoke the defence that the maritime casualty was caused by the wilful misconduct of the registered owner, but the defendant shall not invoke any other defence which the defendant might have been entitled to invoke in proceedings brought by the registered owner against the defendant. The defendant shall in any event have the right to require the registered owner to be joined in the proceedings.11 A State Party shall not permit any ship entitled to fly its flag to which this article applies to operate at any time unless a certificate has been issued under paragraphs 2 or 14.12 Subject to the provisions of this article, each State Party shall ensure, under its national law, that insurance or other security to the extent required by paragraph 1 is in force in respect of any ship of 300 gross tonnage and above, wherever registered, entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea.13 Notwithstanding the provisions of paragraph 5, a State Party may notify the Secretary-General that, for the purposes of paragraph 12, ships are not required to carry on board or to produce the certificate required by paragraph 2, when entering or leaving a port in its territory, or arriving at or leaving from an offshore facility in its territorial sea, provided that the State Party which issues the certificate required by paragraph 2 has notified the Secretary-General that it maintains records in an electronic format, accessible to all States Parties, attesting the existence of the certificate and enabling States Parties to discharge their obligations under paragraph 12.14 If insurance or other financial security is not maintained in respect of a ship owned by a State Party, the provisions of this article relating thereto shall not be applicable to such ship, but the ship shall carry a certificate issued by the appropriate authority of the State of registry, stating that it is owned by that State and that the ship’s liability is covered within the limits prescribed in paragraph 1. Such a certificate shall follow as closely as possible the model prescribed by paragraph 2.Time limitsRights to recover costs under this Convention shall be extinguished unless an action is brought hereunder within three years from the date when the hazard has been determined in accordance with this Convention. However, in no case shall an action be brought after six years from the date of the maritime casualty that resulted in the wreck. Where the maritime casualty consists of a series of occurrences, the six-year period shall run from the date of the first occurrence.Relationship to other conventions and international agreements1 At the request of not less than one-third of States Parties, a conference shall be convened by the Organization for the purpose of revising or amending this Convention.2 Any consent to be bound by this Convention, expressed after the date of entry into force of an amendment to this Convention, shall be deemed to apply to this Convention, as amended.Settlement of disputes1 Where a dispute arises between two or more States Parties regarding the interpretation or application of this Convention, they shall seek to resolve their dispute, in the first instance, through negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice.2 If no settlement is possible within a reasonable period of time not exceeding twelve months after one State Party has notified another that a dispute exists between them, the provisions relating to the settlement of disputes set out in Part XV of the United Nations Convention on the Law of the Sea, 1982, shall apply mutatis mutandis, whether or not the States party to the dispute are also States Parties to the United Nations Convention on the Law of the Sea, 1982.3 Any procedure chosen by a State Party to this Convention and to the United Nations Convention on the Law of the Sea, 1982, pursuant to Article 287 of the latter, shall apply to the settlement of disputes under this article, unless that State Party, when ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, chooses another procedure pursuant to Article 287 for the purpose of the settlement of disputes arising out of this Convention.4 A State Party to this Convention which is not a Party to the United Nations Convention on the Law of the Sea, 1982, when ratifying, accepting, approving or acceding to this Convention or at any time thereafter shall be free to choose, by means of a written declaration, one or more of the means set out in Article 287, paragraph 1, of the United Nations Convention on the Law of the Sea, 1982, for the purpose of settlement of disputes under this Article. Article 287 shall apply to such a declaration, as well as to any dispute to which such State is party, which is not covered by a declaration in force. For the purpose of conciliation and arbitration, in accordance with Annexes V and VII of the United Nations Convention on the Law of the Sea, 1982, such State shall be entitled to nominate conciliators and arbitrators to be included in the lists referred to in Annex V, Article 2, and Annex VII, Article 2, for the settlement of disputes arising out of this Convention.5 A declaration made under paragraphs 3 and 4 shall be deposited with the Secretary-General, who shall transmit copies thereof to the States Parties.Relationship to other conventions and international agreementsNothing in this Convention shall prejudice the rights and obligations of any State under the United Nations Convention on the Law of the Sea, 1982, and under the customary international law of the sea.Signature, ratification, acceptance, approval and accession1 This Convention shall be open for signature at the Headquarters of the Organization from 19 November 2007 until 18 November 2008 and shall thereafter remain open for accession.(a) States may express their consent to be bound by this Convention by:(i) signature without reservation as to ratification, acceptance or approval; or(ii) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or(iii) accession.(b) Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.Entry into force1 This Convention shall enter into force twelve months following the date on which ten States have either signed it without reservation as to ratification, acceptance or approval or have deposited instruments of ratification, acceptance, approval or accession with the Secretary-General.2 For any State which ratifies, accepts, approves or accedes to this Convention after the conditions in paragraph 1 for entry into force have been met, this Convention shall enter into force three months following the date of deposit by such State of the appropriate instrument, but not before this Convention has entered into force in accordance with paragraph 1.Denunciation1 This Convention may be denounced by a State Party at any time after the expiry of one year following the date on which this Convention comes into force for that State.2 Denunciation shall be effected by the deposit of an instrument to that effect with the Secretary-General.3 A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, following its receipt by the Secretary-General.Depositary1 This Convention shall be deposited with the Secretary General.2 The Secretary-General shall:(a) inform all States which have signed or acceded to this Convention of:(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;(ii) the date of entry into force of this Convention;(iii) the deposit of any instrument of denunciation of this Convention, together with the date of the deposit and the date on which the denunciation takes effect; and(iv) other declarations and notifications received pursuant to this Convention;(b) transmit certified true copies of this Convention to all States that have signed or acceded to this Convention.3 As soon as this Convention enters into force, a certified true copy of the text shall be transmitted by the Secretary-General to the Secretary-General of the United Nations, for registration and publication in accordance with Article 102 of the Charter of the United Nations.LanguagesThis Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.DONE IN NAIROBI this eighteenth day of May two thousand and seven.IN WITNESS WHEREOF the undersigned, being duly authorized by their respective Governments for that purpose, have signed this Convention.

Schedule ANNEX · Certificate of Insurance or Other Financial Security in Respect of Liability for the Removal of Wrecks

Issued in accordance with the provisions of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007Name of Ship | Gross tonnage | Distinctive number or letters | IMO Ship Identification Number | Port of Registry | Name and full address of the principal place of business of the registered owner | | | | | This is to certify that there is in force, in respect of the above-named ship, a policy of insurance or other financial security satisfying the requirements of article 12 of the Nairobi International Convention on the Removal of Wrecks, 2007.Type of SecurityDuration of SecurityName and address of the insurer(s) and/or guarantor(s)NameAddressThis certificate is valid untilIssued or certified by the Government of(Full designation of the State)ORThe following text should be used when a State Party avails itself of article 12, paragraph 3:The present certificate is issued under the authority of the Government of (full designation of the State) by (name of institution or organization)At (Place) | On (Date) | | | (Signature and Title of issuing or certifying official)Explanatory Notes:1 If desired, the designation of the State may include a reference to the competent public authority of the country where the Certificate is issued.2 If the total amount of security has been furnished by more than one source, the amount of each of them should be indicated.3 If security is furnished in several forms, these should be enumerated.4 The entry “Duration of Security” must stipulate the date on which such security takes effect.5 The entry “Address” of the insurer(s) and/or guarantor(s) must indicate the principal place of business of the insurer(s) and/or guarantor(s). If appropriate, the place of business where the insurance or other security is established shall be indicated.

Schedule 2 · Salvage (Subsections 48(1) and 50(1) and paragraph 130(1)(x))

International Convention on Salvage, 1989THE STATES PARTIES TO THE PRESENT CONVENTION,RECOGNIZING the desirability of determining by agreement uniform international rules regarding salvage operations,NOTING that substantial developments, in particular the increased concern for the protection of the environment, have demonstrated the need to review the international rules presently contained in the Convention for the Unification of Certain Rules of Law relating to Assistance and Salvage at Sea, done at Brussels, 23 September 1910,CONSCIOUS of the major contribution which efficient and timely salvage operations can make to the safety of vessels and other property in danger and to the protection of the environment,CONVINCED of the need to ensure that adequate incentives are available to persons who undertake salvage operations in respect of vessels and other property in danger,HAVE AGREED as follows:Chapter I - General ProvisionsDefinitionsFor the purpose of this Convention:(a) Salvage operation means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever.(b) Vessel means any ship or craft, or any structure capable of navigation.(c) Property means any property not permanently and intentionally attached to the shoreline and includes freight at risk.(d) Damage to the environment means substantial physical damage to human health or to marine life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution, contamination, fire, explosion or similar major incidents.(e) Payment means any reward, remuneration or compensation due under this Convention.(f) Organization means the International Maritime Organization.(g) Secretary-General means the Secretary-General of the Organization.Application of the ConventionThis Convention shall apply whenever judicial or arbitral proceedings relating to matters dealt with in this Convention are brought in a State Party.Platforms and drilling unitsThis Convention shall not apply to fixed or floating platforms or to mobile offshore drilling units when such platforms or units are on location engaged in the exploration, exploitation or production of sea-bed mineral resources.State-owned vessels1 Without prejudice to article 5, this Convention shall not apply to warships or other non-commercial vessels owned or operated by a State and entitled, at the time of salvage operations, to sovereign immunity under generally recognized principles of international law unless that State decides otherwise.2 Where a State Party decides to apply the Convention to its warships or other vessels described in paragraph 1, it shall notify the Secretary-General thereof specifying the terms and conditions of such application.Salvage operations controlled by public authorities1 This Convention shall not affect any provisions of national law or any international convention relating to salvage operations by or under the control of public authorities.2 Nevertheless, salvors carrying out such salvage operations shall be entitled to avail themselves of the rights and remedies provided for in this Convention in respect of salvage operations.3 The extent to which a public authority under a duty to perform salvage operations may avail itself of the rights and remedies provided for in this Convention shall be determined by the law of the State where such authority is situated.Salvage contracts1 This Convention shall apply to any salvage operations save to the extent that a contract otherwise provides expressly or by implication.2 The master shall have the authority to conclude contracts for salvage operations on behalf of the owner of the vessel. The master or the owner of the vessel shall have the authority to conclude such contracts on behalf of the owner of the property on board the vessel.3 Nothing in this article shall affect the application of article 7 nor duties to prevent or minimize damage to the environment.Annulment and modification of contractsA contract or any terms thereof may be annulled or modified if:(a) the contract has been entered into under undue influence or the influence of danger and its terms are inequitable; or(b) the payment under the contract is in an excessive degree too large or too small for the services actually rendered.Chapter II - Performance of Salvage OperationsDuties of the salvor and of the owner and master1 The salvor shall owe a duty to the owner of the vessel or other property in danger:(a) to carry out the salvage operations with due care;(b) in performing the duty specified in subparagraph (a), to exercise due care to prevent or minimize damage to the environment;(c) whenever circumstances reasonably require, to seek assistance from other salvors; and(d) to accept the intervention of other salvors when reasonably requested to do so by the owner or master of the vessel or other property in danger; provided however that the amount of his reward shall not be prejudiced should it be found that such a request was unreasonable.2 The owner and master of the vessel or the owner of other property in danger shall owe a duty to the salvor:(a) to co-operate fully with him during the course of the salvage operations;(b) in so doing, to exercise due care to prevent or minimize damage to the environment; and(c) when the vessel or other property has been brought to a place of safety, to accept redelivery when reasonably requested by the salvor to do so.Rights of coastal StatesNothing in this Convention shall affect the right of the coastal State concerned to take measures in accordance with generally recognized principles of international law to protect its coastline or related interests from pollution or the threat of pollution following upon a maritime casualty or acts relating to such a casualty which may reasonably be expected to result in major harmful consequences, including the right of a coastal State to give directions in relation to salvage operations.Duty to render assistance1 Every master is bound, so far as he can do so without serious danger to his vessel and persons thereon, to render assistance to any person in danger of being lost at sea.2 The States Parties shall adopt the measures necessary to enforce the duty set out in paragraph 1.3 The owner of the vessel shall incur no liability for a breach of the duty of the master under paragraph 1.Co-operationA State Party shall, whenever regulating or deciding upon matters relating to salvage operations such as admittance to ports of vessels in distress or the provisions of facilities to salvors, take into account the need for co-operation between salvors, other interested parties and public authorities in order to ensure the efficient and successful performance of salvage operations for the purpose of saving life or property in danger as well as preventing damage to the environment in general.Chapter III - Rights of SalvorsConditions for reward1 Salvage operations which have had a useful result give right to a reward.2 Except as otherwise provided, no payment is due under this Convention if the salvage operations have had no useful result.3 This chapter shall apply, notwithstanding that the salved vessel and the vessel undertaking the salvage operations belong to the same owner.Criteria for fixing the reward1 The reward shall be fixed with a view to encouraging salvage operations, taking into account the following criteria without regard to the order in which they are presented below:(a) the salved value of the vessel and other property;(b) the skill and efforts of the salvors in preventing or minimizing damage to the environment;(c) the measure of success obtained by the salvor;(d) the nature and degree of the danger;(e) the skill and efforts of the salvors in salving the vessel, other property and life;(f) the time used and expenses and losses incurred by the salvors;(g) the risk of liability and other risks run by the salvors or their equipment;(h) the promptness of the services rendered;(i) the availability and use of vessels or other equipment intended for salvage operations;(j) the state of readiness and efficiency of the salvor’s equipment and the value thereof.2 Payment of a reward fixed according to paragraph 1 shall be made by all of the vessel and other property interests in proportion to their respective salved values. However, a State Party may in its national law provide that the payment of a reward has to be made by one of these interests, subject to a right of recourse of this interest against the other interests for their respective shares. Nothing in this article shall prevent any right of defence.3 The rewards, exclusive of any interest and recoverable legal costs that may be payable thereon, shall not exceed the salved value of the vessel and other property.Special compensation1 If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to special compensation from the owner of that vessel equivalent to his expenses as herein defined.2 If, in the circumstances set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to the salvor under paragraph 1 may be increased up to a maximum of 30 % of the expenses incurred by the salvor. However, the tribunal, if it deems it fair and just to do so and bearing in mind the relevant criteria set out in article 13, paragraph 1, may increase such special compensation further, but in no event shall the total increase be more than 100 % of the expenses incurred by the salvor.3 Salvor’s expenses for the purpose of paragraphs 1 and 2 means the out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and a fair rate for equipment and personnel actually and reasonably used in the salvage operation, taking into consideration the criteria set out in article 13, paragraph 1(h), (i) and (j).4 The total special compensation under this article shall be paid only if and to the extent that such compensation is greater than any reward recoverable by the salvor under article 13.5 If the salvor has been negligent and has thereby failed to prevent or minimize damage to the environment, he may be deprived of the whole or part of any special compensation due under this article.6 Nothing in this article shall affect any right of recourse on the part of the owner of the vessel.Apportionment between salvors1 The apportionment of a reward under article 13 between salvors shall be made on the basis of the criteria contained in that article.2 The apportionment between the owner, master and other persons in the service of each sailing vessel shall be determined by the law of the flag of that vessel. If the salvage has not been carried out from a vessel, the apportionment shall be determined by the law governing the contract between the salvor and his servants.Salvage of persons1 No remuneration is due from persons whose lives are saved, but nothing in this article shall affect the provisions of national law on this subject.2 A salvor of human life, who has taken part in the services rendered on the occasion of the accident giving rise to salvage, is entitled to a fair share of the payment awarded to the salvor for salving the vessel or other property or preventing or minimizing damage to the environment.Services rendered under existing contractsNo payment is due under the provisions of this Convention unless the services rendered exceed what can be reasonably considered as due performance of a contract entered into before the danger arose.The effect of salvor’s misconductA salvor may be deprived of the whole or part of the payment due under this Convention to the extent that salvage operations have become necessary or more difficult because of fault or neglect on his part or if the salvor has been guilty of fraud or other dishonest conduct.Prohibition of salvage operationsServices rendered notwithstanding the express and reasonable prohibition of the owner or master of the vessel or the owner of any other property in danger which is not and has not been on board the vessel shall not give rise to payment under this Convention.Chapter IV - Claims and ActionsMaritime lien1 Nothing in this Convention shall affect the salvor’s maritime lien under any international convention or national law.2 The salvor may not enforce his maritime lien when satisfactory security for his claim, including interest and costs, has been duly tendered or provided.Duty to provide security1 Upon the request of the salvor a person liable for payment due under this Convention shall provide satisfactory security for the claim, including interest and costs of the salvor.2 Without prejudice to paragraph 1, the owner of the salved vessel shall use his best endeavours to ensure that the owners of the cargo provide satisfactory security for the claims against them including interest and costs before the cargo is released.3 The salved vessel and other property shall not, without the consent of the salvor, be removed from the port or place at which they first arrive after the completion of the salvage operations until satisfactory security has been put up for the salvor’s claim against the relevant vessel or property.Interim payment1 The tribunal having jurisdiction over the claim of the salvor may, by interim decision, order that the salvor shall be paid on account such amount as seems fair and just, and on such terms including terms as to security where appropriate, as may be fair and just according to the circumstances of the case.2 In the event of an interim payment under this article the security provided under article 21 shall be reduced accordingly.Limitation of actions1 Any action relating to payment under this Convention shall be time-barred if judicial or arbitral proceedings have not been instituted within a period of two years. The limitation period commences on the day on which the salvage operations are terminated.2 The person against whom a claim is made may at any time during the running of the limitation period extend that period by a declaration to the claimant. This period may in the like manner be further extended.3 An action for indemnity by a person liable may be instituted even after the expiration of the limitation period provided for in the preceding paragraphs, if brought within the time allowed by the law of the State where proceedings are instituted.InterestThe right of the salvor to interest on any payment due under this Convention shall be determined according to the law of the State in which the tribunal seized of the case is situated.State-owned cargoesUnless the State owner consents, no provision of this Convention shall be used as a basis for the seizure, arrest or detention by any legal process of, nor for any proceedings in rem against, non-commercial cargoes owned by a State and entitled, at the time of the salvage operations, to sovereign immunity under generally recognized principles of international law.Humanitarian cargoesNo provision of this Convention shall be used as a basis for the seizure, arrest or detention of humanitarian cargoes donated by a State, if such State has agreed to pay for salvage services rendered in respect of such humanitarian cargoes.Publication of arbitral awardsStates Parties shall encourage, as far as possible and with the consent of the parties, the publication of arbitral awards made in salvage cases.Chapter V - Final ClausesSignature, ratification, acceptance, approval and accession1 This Convention shall be open for signature at the Headquarters of the Organization from 1 July 1989 to 30 June 1990 and shall thereafter remain open for accession.2 States may express their consent to be bound by this Convention by:(a) signature without reservation as to ratification, acceptance or approval; or(b) signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval; or(c) accession.3 Ratification, acceptance, approval or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General.Entry into force1 This Convention shall enter into force one year after the date on which 15 States have expressed their consent to be bound by it.2 For a State which expresses its consent to be bound by this Convention after the conditions for entry into force thereof have been met, such consent shall take effect one year after the date of expression of such consent.Reservations1 Any State may, at the time of signature, ratification, acceptance, approval or accession, reserve the right not to apply the provisions of this Convention:(a) when the salvage operation takes place in inland waters and all vessels involved are of inland navigation;(b) when the salvage operations take place in inland waters and no vessel is involved;(c) when all interested parties are nationals of that State;(d) when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the sea-bed.2 Reservations made at the time of signature are subject to confirmation upon ratification, acceptance or approval.3 Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such withdrawal shall take effect on the date the notification is received. If the notification states that the withdrawal of a reservation is to take effect on a date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such later date.Denunciation1 This Convention may be denounced by any State Party at any time after the expiry of one year from the date on which this Convention enters into force for that State.2 Denunciation shall be effected by the deposit of an instrument of denunciation with the Secretary-General.3 A denunciation shall take effect one year, or such longer period as may be specified in the instrument of denunciation, after the receipt of the instrument of denunciation by the Secretary-General.Revision and amendment1 A conference for the purpose of revising or amending this Convention may be convened by the Organization.2 The Secretary-General shall convene a conference of the States Parties to this Convention for revising or amending the Convention, at the request of eight States Parties, or one fourth of the States Parties, whichever is the higher figure.3 Any consent to be bound by this Convention expressed after the date of entry into force of an amendment to this Convention shall be deemed to apply to the Convention as amended.Depositary1 This Convention shall be deposited with the Secretary-General.2 The Secretary-General shall:(a) inform all States which have signed this Convention or acceded thereto, and all Members of the Organization, of:(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession together with the date thereof;(ii) the date of the entry into force of this Convention;(iii) the deposit of any instrument of denunciation of this Convention together with the date on which it is received and the date on which the denunciation takes effect;(iv) any amendment adopted in conformity with article 32;(v) the receipt of any reservation, declaration or notification made under this Convention;(b) transmit certified true copies of this Convention to all States which have signed this Convention or acceded thereto.3 As soon as this Convention enters into force, a certified true copy thereof shall be transmitted by the Depositary to the Secretary-General of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations.LanguagesThis Convention is established in a single original in the Arabic, Chinese, English, French, Russian and Spanish languages, each text being equally authentic.IN WITNESS WHEREOF the undersigned being duly authorized by their respective Governments for that purpose have signed this Convention.DONE AT LONDON this twenty-eighth day of April one thousand nine hundred and eighty-nine.Common Understanding concerning Articles 13 and 14 of the International Convention on Salvage, 1989It is the common understanding of the Conference that, in fixing a reward under article 13 and assessing special compensation under article 14 of the International Convention on Salvage, 1989 the tribunal is under no duty to fix a reward under article 13 up to the maximum salved value of the vessel and other property before assessing the special compensation to be paid under article 14.Resolution requesting the amendment of the York-Antwerp Rules, 1974THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,HAVING ADOPTED the International Convention on Salvage, 1989,CONSIDERING that payments made pursuant to article 14 are not intended to be allowed in general average,REQUESTS the Secretary-General of the International Maritime Organization to take the appropriate steps in order to ensure speedy amendment of the York-Antwerp Rules, 1974, to ensure that special compensation paid under article 14 is not subject to general average.Resolution on international co-operation for the implementation of the International Convention on Salvage, 1989THE INTERNATIONAL CONFERENCE ON SALVAGE, 1989,IN ADOPTING the International Convention on Salvage, 1989 (hereinafter referred to as “The Convention”),CONSIDERING IT DESIRABLE that as many States as possible should become Parties to the Convention,RECOGNIZING that the entry into force of the Convention will represent an important additional factor for the protection of the marine environment,CONSIDERING that the international publicizing and wide implementation of the Convention is of the utmost importance for the attainment of its objectives,I RECOMMENDS:(a) that the Organization promote public awareness of the Convention through the holding of seminars, courses or symposia;(b) that training institutions created under the auspices of the Organization include the study of the Convention in their corresponding courses of study.II REQUESTS:(a) Members States to transmit to the Organization the text of the laws, orders, decrees, regulations and other instruments that they promulgate concerning the various matters falling within the scope of application of the Convention;(b) Member States, in consultation with the Organization, to promote the giving of help to those States requesting technical assistance for the drafting of laws, orders, decrees, regulations and other instruments necessary for the implementation of the Convention; and(c) the Organization to notify Member States of any communication it may receive under paragraph II(a).Canada’s ReservationsThe Government of Canada reserves the right not to apply the provisions of the International Convention on Salvage, 1989 when the property involved is maritime cultural property of prehistoric, archaeological or historic interest and is situated on the seabed.

Related provisions

— 2022, c. 17, s. 76For greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force. — 2022, c. 17, par. 77(2)(k)Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:subsection 75(4) of the Wrecked, Abandoned or Hazardous Vessels Act. — 2022, c. 17, s. 78.1The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedingsenhance, preserve or adversely affect access to justice;maintain fundamental principles of the administration of justice; andadequately address the rights and obligations of participants in the criminal justice system, including accused persons.The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament. — 2022, c. 17, s. 78.2At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.

Amendments not in force

— 2023, c. 26, s. 430The Act is amended by adding the following after section 14:Vessel Remediation FundThere is established in the accounts of Canada an account to be known as the Vessel Remediation Fund.There is to be paid into the Consolidated Revenue Fund and credited to the Vessel Remediation Fundany amounts forfeited to His Majesty in right of Canada under subsection 41(2);the amounts of the debts referred to in any of paragraphs 99(1)(a) to (d) and 129(1)(a) to (c) and recovered by His Majesty in right of Canada;all amounts paid under regulations made under paragraph 130(1)(o.1); andthe amounts of all fines and penalties paid in respect of the commission of an offence or violation under this Act.There may be paid out of the Consolidated Revenue Fund and charged to the Vessel Remediation Fund all amounts required by the Minister or the Minister of Fisheries and Oceans totake measures under any of subsections 21(2) and (3), section 22, paragraphs 30(3)(a) to (c), sections 35 and 36 and subsections 37(3) and (4) and to pay compensation under section 44 or subsection 86(6);promote public awareness of the responsibilities associated with vessel ownership;fund research and development activities aimed at improving methods of recycling vessels and disposing of them in a manner that is environmentally responsible;fund research and development activities with respect to vessel and wreck remediation techniques;increase capacity at the local level, including in Indigenous groups and communities, to perform vessel risk assessments and to recycle, dismantle or otherwise dispose of vessels;fund voluntary vessel disposal activities in respect of dilapidated vessels, wrecks, abandoned vessels and vessels that pose, or may pose, a hazard, as well as in respect of vessels at risk of becoming dilapidated vessels, wrecks or abandoned, including for the purposes of repairing, securing, moving or removing the vessels, wrecks and their contents or selling, dismantling, destroying or otherwise disposing of them;pay for the financial and program administration costs incurred in relation to the purposes referred to in paragraphs (a) to (f) and (h), other than the salaries of employees, as defined in subsection 2(1) of the Public Service Employment Act; andpay for the costs incurred in relation to any other purpose that the Governor in Council may, by order, specify and that relates to dilapidated vessels, wrecks, abandoned vessels or vessels that pose a hazard.An amount paid out of the Consolidated Revenue Fund under subsection (3) must be in respect of a purpose that is set out in a plan for the use of the Vessel Remediation Fund that is agreed to by the Minister and the Minister of Fisheries and Oceans.No payment is to be made out of the Consolidated Revenue Fund under this section in excess of the amount of the balance to the credit of the Vessel Remediation Fund.In subsection (3), the expressions dilapidated vessel, hazard and wreck have the meanings assigned by section 27. — 2023, c. 26, s. 431Section 41 of the Act is renumbered as subsection 41(1) and is amended by adding the following:If the owner referred to in subsection (1) is unknown or cannot be located, any amount that is to be paid to them under that subsection is forfeited to His Majesty in right of Canada.