Bill C-352: An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels)

Canada Shipping Act, 2001 National Strategy First Session, Forty-second Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-352 An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels) FIRST READING, April 13, 2017 Ms. Malcolmson 421346 SUMMARY This enactment amends the Canada Shipping Act, 2001 to strengthen the requirements relating to wreck by ensuring that regulations are made to establish measures to be taken for its removal, disposal or destruction. It also designates the Canadian Coast Guard as a receiver of wreck for the purposes of Part 7 of the Act and requires receivers of wreck to take the necessary steps to identify and locate the owner of the wreck. Finally, it provides for the development and implementation of a national strategy to address the abandonment of vessels. Available on the Parliament of Canada Web Site at the following address: http://www.parl.gc.ca 1st Session, 42nd Parliament, 64-65-66 Elizabeth II, 2015-2016-2017 HOUSE OF COMMONS OF CANADA BILL C-352 An Act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 2001, c. 26 Canada Shipping Act, 2001 1 Subsection 154(1) of the Canada Shipping Act, 2001 is replaced by the following: Designation of Canadian Coast Guard 154 (1) The Canadian Coast Guard is designated as a receiver of wreck for the purposes of this Part. Designation (1.‍1) The Minister may also designate any person or class of persons as receivers of wreck. 2 Subsections 155(2) and (3) of the Act are replaced by the following: Locating owner (2) If wreck has been reported to or observed by a receiver of wreck, the receiver shall take the necessary steps to identify and locate the owner of the wreck; those steps may include giving notice of the wreck in the manner that the receiver considers most effective and appropriate. Taking of measures (3) Except in the circumstances described in regulations, a receiver of wreck shall take prescribed measures, or direct that such measures be taken, in order to remove, dispose of or destroy wreck. 3 Section 163 of the Act is amended by adding the following after subsection (1): Regulations — Minister and Minister of Fisheries and Oceans (1.‍1) The Governor in Council may, on the recommendation of the Minister and the Minister of Fisheries and Oceans, make regulations respecting (a) the measures that receivers of wreck are to take, or direct to be taken, to remove, dispose of or destroy wreck; and (b) the circumstances in which the obligation to take measures under subsection 155(3) does not apply. 4 The Act is amended by adding the following after section 164: Report to Parliament Review and report by Minister 164.‍1 Every five years, the Minister shall review the operation of this Part and cause to be laid before each House of Parliament a report setting out the results of the review. National Strategy National Strategy 5 (1) The Minister of Transport must, in consultation with representatives of the provincial governments and of coastal and riverine communities, develop and implement a national strategy to address the abandonment of vessels. Content (2) The strategy must include measures to (a) improve the vessel registration system and, among other things, establish a fee to cover the disposal cost of vessels; (b) implement a turn-in program that includes the designation of disposal areas for vessels; (c) implement recycling facilities for wrecked vessels and their components; (d) support local marine salvage businesses; and (e) dispose of wrecked and abandoned vessels. Content (3) The strategy must also (a) include an assessment of the adequacy of the resources, including those of the Canadian Coast Guard, dedicated to preventing and responding to the abandonment of vessels; (b) provide for the implementation of the measures referred to in subsection (2) in co-operation or partnership with the provincial governments, and for an assessment of the timelines required to do so; and (c) include an assessment of the potential benefits to Canada of becoming a party to the Nairobi International Convention on the Removal of Wrecks, 2007, adopted by the International Maritime Organization on May 18, 2007. Report to Parliament 6 (1) The Minister must prepare a report setting out the national strategy and the schedule for its implementation and cause it to be laid before each House of Parliament within one year after the day on which this Act comes into force. Publication of report (2) The Minister must post the report on the website of the Department of Transport within 30 days after the day on which the report is tabled in Parliament. Published under authority of the Speaker of the House of Commons