Abandoned/Derelict Houseboats - Okanagan Lake

[WalterWhite]

Further info:

Canada Shipping Act - http://laws-lois.justice.gc.ca/eng/acts/C-10.15/

The Act Chapter 7 - Wrecks - http://laws-lois.justice.gc.ca/eng/acts ... .html#h-90

PART 7
Wreck
Interpretation

Marginal note:Definitions

153 The definitions in this section apply in this Part.

Minister means the Minister of Transport. (ministre)

wreck includes

(a) jetsam, flotsam, lagan and derelict and any other thing that was part of or was on a vessel wrecked, stranded or in distress; and

(b) aircraft wrecked in waters and anything that was part of or was on an aircraft wrecked, stranded or in distress in waters. (épave)

2001, c. 26, s. 153; 2005, c. 29, s. 19.
Previous Version
Designation of Receivers of Wreck

Marginal note:Designation

154 (1) The Minister may designate persons or classes of persons as receivers of wreck.

Marginal note:Authorization

(2) A receiver of wreck may authorize any person or class of persons to exercise any of their powers and perform any of their duties.

Marginal note:Immunity

(3) Receivers of wreck, and persons authorized or within a class of persons authorized under subsection (2), are not personally liable for anything they do or omit to do in good faith under this Part.

Found Wreck

Marginal note:Duty of persons taking possession of wreck

155 (1) Any person who finds and takes possession of wreck in Canada, or who brings wreck into Canada, the owner of which is not known, shall, as soon as feasible,

(a) report it to a receiver of wreck and provide the information and documents requested; and

(b) take any measures with respect to the wreck that the receiver of wreck directs, including

(i) delivering it to the receiver of wreck within the period specified by the receiver, or

(ii) keeping it in their possession in accordance with the instructions of the receiver.

Marginal note:Notice

(2) If wreck has been reported under paragraph (1)(a), a receiver of wreck may take the action that the receiver considers reasonable to determine the owner of the wreck, including giving notice of the wreck in the manner that the receiver considers appropriate.

Marginal note:Discretion

(3) A receiver of wreck is not required to take any measures, or to direct that any measures be taken, with respect to wreck.

Marginal note:Salvage award

156 (1) A person who is referred to in subsection 155(1) and who has complied with that subsection is entitled to a salvage award determined by the receiver.

Marginal note:Nature of award

(2) The salvage award may be the wreck, part of the wreck or all or part of the proceeds of its disposition.

Marginal note:Prohibition

157 No person shall possess, conceal, destroy, sell or otherwise dispose of wreck that the person knows has not been reported to a receiver of wreck under paragraph 155(1)(a) or use any means to disguise or conceal the fact that anything is such wreck.

Marginal note:Delivery of wreck or proceeds of disposition

158 A receiver of wreck must release wreck or pay the proceeds of its disposition under subsection 160(1) to a person who claims ownership of the wreck and

(a) submits, in the form and manner specified by the Minister, a claim to the receiver within 90 days after the wreck was reported under paragraph 155(1)(a);

(b) establishes their claim to the satisfaction of the receiver; and

(c) pays or delivers the salvage award determined by the receiver, and pays the receiver’s fees and expenses.

Marginal note:Interpleader in case of wreck

159 (1) When two or more persons claim wreck or proceeds of wreck, or when a person disputes the amount or value of the salvage award determined by the receiver, any court having jurisdiction in civil matters to the value or amount in question may hear and determine the matter.

Marginal note:Maximum award

(2) A salvage award that a court makes under subsection (1) may not exceed the value of the wreck.

Disposition of Wreck

Marginal note:When wreck may be disposed of

160 (1) A receiver of wreck may dispose of or destroy wreck, or authorize its disposition or destruction,

(a) after 90 days following the date that the wreck was reported under paragraph 155(1)(a); or

(b) at any time if, in the receiver’s opinion, the value of the wreck is less than $5,000, the storage costs would likely exceed the value of the wreck or the wreck is perishable or poses a threat to public health or safety.

Marginal note:Proceeds held by receiver of wreck

(2) The proceeds, if any, of a disposition under paragraph (1)(b) must be held by the receiver of wreck for not less than 90 days after the date that the wreck was reported under paragraph 155(1)(a).

Marginal note:Payment to CRF

(3) The proceeds of a disposition under subsection (1) must be paid, less the salvage award, fees and expenses, to the Receiver General, to form part of the Consolidated Revenue Fund

(a) if no claim has been submitted in accordance with paragraph 158(a); or

(b) if a claim has not been established within the period that the receiver of wreck considers appropriate.

Unpaid salvage, fees, expenses

161 If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice is given by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.

Marginal note:Release of wreck

162 On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 154(2), is discharged from all liability in respect of the wreck.

Regulations

Marginal note:Regulations — Minister

163 (1) The Governor in Council may, on the recommendation of the Minister, make regulations

(a) exempting any geographical area from the application of this Part; and

(b) for carrying out the purposes and provisions of this Part.

Marginal note:Regulations — Minister and Minister responsible for Parks Canada Agency

(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister responsible for the Parks Canada Agency, make regulations

(a) specifying wreck or classes of wreck that have heritage value;

(b) respecting the protection and preservation of wreck or classes of wreck that have heritage value, and providing for issuing permits to access such wreck;

(c) authorizing the designation of enforcement officers to ensure compliance with the regulations made under this Part and specifying their powers and duties;

(d) authorizing the Minister and the Minister responsible for the Parks Canada Agency to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

(e) exempting wreck or any class of wreck that has heritage value from the application of any provision of this Part;

(f) exempting any geographical area from the application of regulations made under paragraph (b) or (c); and

(g) respecting the setting and payment of fees, and the determination and payment of expenses, for services provided in the administration of regulations made under this subsection.

Marginal note:Debt due to Her Majesty

(3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.

2001, c. 26, s. 163; 2005, c. 2, s. 9.
Previous Version
Offences and Punishment

Marginal note:Contravention of Act or regulations

164 (1) Every person commits an offence who contravenes

(a) paragraph 155(1)(a) (report wreck);

(b) paragraph 155(1)(b) (take directed measures regarding wreck);

(c) section 157 (possessing, concealing, destroying or disposing of wreck); or

(d) a provision of the regulations made under this Part.

Marginal note:Punishment

(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

Marginal note:Prosecutions

(3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.

PART 8

[Ken7]

I wrote a letter to Sheila Malcolmson who is trying to get legislation passed on the owners of abandoned vessels passed into law. I think those with photos should be also writing her and further letting her know of the problems we see on lakes. Her focus appears to be on oceans.

Send her a letter, the more the better. Do not bother with Christy Clark she seems not to care, only about the photo opportunities and new wineries!

[email protected]

http://sheilamalcolmson.ndp.ca/sheila-m ... ssels-bill

[Osoyoos_Familyof4]

I'm not complaining about this, I am just curious. There is a houseboat quite close to shore in a bay between Penticton and Summerland that "looks" like it's been in the same spot for at least 6 years plus.

If it gets moved by the owner imperceptible amounts, does that meet the requirements?

I'm pretty sure it's unoccupied (used to drive past it minimum 2-4 times a day. It's not in the best shape, but it isn't derelict either.

It sure would be a shame however if it did actually sink with who knows what on board.

[Poindexter]

I wrote a letter to Sheila Malcolmson who is trying to get legislation passed on the owners of abandoned vessels passed into law. I think those with photos should be also writing her and further letting her know of the problems we see on lakes. Her focus appears to be on oceans.

Send her a letter, the more the better. Do not bother with Christy Clark she seems not to care, only about the photo opportunities and new wineries!

[email protected]

http://sheilamalcolmson.ndp.ca/sheila-m ... ssels-bill

Will do. Thanks for doing the leg work.

[Ken7]

Another season of boating and another abandoned houseboat. They have been there several years "Hope She Floats" and the other was floating last season. Another south of this location which already has a glass door open or missing. Won't be long and it too will be bucking on the shore sinking and making a hell of a mess.

[69cutlass]

Wow so the photo is from the future????

[Ken7]

Wow so the photo is from the future????

Sorry photo too large.... do you have anything to add or trolling here?

[dirtybiker]

This holds history of happening all across our shorelines of our Province.
hard to wrap my brain around how one could just throw away such an investment,
even though in need of ?????

[Ken7]

This holds history of happening all across our shorelines of our Province.
hard to wrap my brain around how one could just throw away such an investment,
even though in need of ?????

There is new legislation regarding oceans, I had sent a email to the MLA who was pushing it through. She never replied and at first reading I asked is there anything regarding lakes in BC. Obviously there is not.

I feel the Cities around this great body of water have to get together and get Horgan to get something going on it. Name, address and contact number should be a must on any anchored vessel on a lake. IF the owner abandons it, it should be removed at their expense. Just unsure how you could enforce it, but this is not good for our lake.

Some time ago I complained to the appropriate people about a 40 foot houseboat sunk by Raymore Bay. They ended up telling me it was checked. No oil or gas above it, one month after I reported it. Therefore it is not pollution...go figure. The photo I posted, is that pollution?

[dirtybiker]

We are not alone, seems to be the rage on all water ways.
https://www.bing.com/images/search?q=ab ... 6B49668E0C

This beauty on Salt Spring Island.

https://www.bing.com/images/search?view ... &eim=0,1,6

[pieinthei]

is that Giligan and the Skipper?