TRAN Committee Report

Clause 5

That Bill C-64, in Clause 5, be amended by

(a) replacing lines 18 to 22 on page 3 with the following:

“commercial governmental purposes; and

(b) vessels that are on location for the purposes of en-”

(b) adding after line 25 on page 3 the following:

“(3) This Act, other than Parts 3 and 4 and section 131, does not apply in respect of wrecks considered as having heritage value under an Act of Parliament or of the legislature of a province.”

Clause 45

That Bill C-64, in Clause 45, be amended by replacing line 24 on page 20 with the following:

“ing whether a vessel or wreck poses a hazard, if he or she de-”

New Clause 94.1

That Bill C-64 be amended by adding after line 32 on page 44 the following new clause:

“94.1 (1) A notice referred to in any of sections 91, 93, 94 and 108 is to be served

(a) in the case of an individual,

(i) by leaving a copy of it with the individual at any place or with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence or, in the case of an individual under the age of 18, with a parent or other person having custody of them or exercising parental authority over them, or

(ii) by sending a copy of it by registered mail, courier or fax or other electronic means to the individual’s last known address or usual place of residence;

(b) in the case of a person other than an individual,

(i) by leaving a copy of it with their representative or with an officer or other individual who appears to control or manage the person’s or representative’s head office or place of business, or

(ii) by sending a copy of it by registered mail, courier or fax or other electronic means to their representative, to an individual referred to in subparagraph (i) or to the person’s or representative’s head office or place of business;

(c) in the case of a vessel,

(i) by delivering a copy of it personally to the master or another individual who is, or appears to be, in charge of the vessel,

(ii) by posting a copy of it on any conspicuous part of the vessel,

(iii) by leaving a copy of it with the owner or operator of the vessel, with the owner’s or operator’s representative or with an officer or other individual who appears to control or manage the owner’s, operator’s or representative’s head office or place of business, or

(iv) by sending a copy of it by registered mail, courier or fax or other electronic means to the vessel or to a person referred to in subparagraph (i) or (iii) or to their head office or place of business.

(2) Service may be proved by

(a) an acknowledgement of service signed by or on behalf of the person or vessel served, specifying the date and location of service;

(b) a certificate of service, signed by the person who effected the service, indicating the name of the person or vessel served and the means by which and day on which service was effected; or

(c) a record of electronic transmission setting out the date and time of transmission.

(3) In the absence of an acknowledgement of service or a certificate of service, service is considered effective,

(a) in the case of service by registered mail or courier, on the 10th day after the day on which the notice is sent, as indicated on the receipt issued by the postal or courier service; or

(b) in the case of service by fax or other electronic means, on the day on which it is sent, as indicated on the record of transmission.”

Clause 107

That Bill C-64, in Clause 107, be amended by replacing line 34 on page 49 with the following:

“107 The Minister must keep a public record of notices of”

Clause 110

That Bill C-64, in Clause 110, be amended by replacing line 5 on page 52 with the following:

“58(1) or (3), section 60 or subsection 82(7) or (8);”

Clause 119

That Bill C-64, in Clause 119, be amended by replacing line 28 on page 55 with the following:

“of subsection 34(1) or 60(2) or section 70, 78, 83 or 88, if they”

Clause 129

That Bill C-64, in Clause 129, be amended by

(a) replacing line 15 on page 59 with the following:

“(4) or in relation to the use of property under subsection 86(5), constitutes a debt due to Her Majesty in right of”

(b) replacing line 20 on page 59 with the following:

“ty that resulted in the wreck;”

c) replacing line 25 on page 59 with the following:

“costs and expenses were incurred; or

(c) in the case of property used under subsection 86(5),

(i) if a wreck is subject to Part 1, from the person that was the owner of the vessel at the time of the maritime casualty that resulted in the wreck, or

(ii) in all other cases, from the person that was the owner of the vessel or wreck at the time the costs and expenses were incurred.”