GENERAL

14. If the navigation of any navigable water over which the Parliament of Canada has jurisdiction is obstructed, impeded or rendered more difficult or dangerous by the wreck, sinking, lying ashore or grounding of any vessel or part thereof or other thing, the owner, master or person in charge of such vessel or other thing, by which any such obstruction or obstacle is caused, shall forthwith give notice of the existence thereof to the Minister or to the collector of Customs at the nearest

or most convenient port, and shall place and, as long as such obstruction or obstacle continues, shall maintain, by day, a sufficient signal and, by night, a sufficient light to indicate the position thereof. R. S., c. 91, s. 2.

15. The Minister may cause such signal and light to be placed and maintained, if the owner, master or person in charge of such vessel or other thing by which the obstruction or obstacle is caused, fails or neglects so to do. R. S., c. 91, s.

16. The Minister, under the authority of the Governor in Council, may. if, in his opinion, —

a. the navigation of any such navigable water is obstructed, impeded or rendered more difïicult or dangerous by reason of the wreck, sinking, or lying ashore or grounding of any vessel, or of any part thereof, or of any other thing ; or,

b. by reason of the situation of any wreck or any vessel, or any part thereof, or of any other thing so lying, sunk, ashore or grounded, the navigation of any such navigable water is likely to be obstructed, impeded or rendered more difficult or dangerous ; or,

c. any vessel or part thereof, wreck or other thing cast ashore, stranded or left upon any property belonging to His Majesty in the right of Canada, is an obstacle or obstruction to such use of the said property as may be required for the public purposes of Canada,

cause such wreck, vessel or part thereof or other thing, if the same continues for more than twenty-four hours, to be removed or destroyed in such manner and by such means as he thinks fit, and may use gunpowder and other explosive substance for that purpose, if he deems it advisable. 60-61, V., c. 23, s. 2.

17. The Minister may cause such vessel, or its cargo, or anything causing or forming part of any such obstruction or obstacle, to be conveyed to such place as he thinks proper, and to be there sold by auction or otherwise as he deems most advisable; and may apply the proceeds of such sale to make good the expenses incurred by him in placing and maintaining any signal or light to indicate the position of such obstruction or obstacle, or in the removal, destruction or sale of such vessel, cargo or thing.

Light or signal on obstruction.

Powers of Minister to remove obstructions.

Conveyance of same to any place.

Sale.

Proceeds.

Surplus.

Cost of placing signais, romoving wreck, etc.

How reeoverable.

Application of moneys rocovcrcd.

Sawdust, etc., prohibited from Seing thrown in.

2. He shall pay over any surplus of such proceeds or portion thereof to the owner of the vessel, cargo or thing sold, or to such other persons as shall be entitled to the saine respectively. 60-61 V., c. 23, s. 2.

18. Whenever, under the provisions ofthis Part, the Minister, —

a. has caused any signal or light to be placed and maintained to indicate the position of any obstruction or obstacle ; or,

b. has, with the authority of the Governor in Council, caused to be removed or destroyed any wreck, vessel or part thereof, or any other thing by reason whereof the navigation of any such navigable waters was or was likely to become obstructed, impeded or rendered more difficult or dangerous ; or,

c. with such authority has caused to be removed any vessel or part thereof, wreck or other thing cast ashore, stranded or left upon any public property belonging to His Majesty in the right of Canada ;

and the cost of maintaining such signal or light or of removing or destroying such vessel or part thereof, wTreck or other thing has been defrayed out of the public moneys of Canada ; and the net proceeds of the sale under this Part of such vessel or its cargo, or the thing which caused or formed part of such obstruction are not sufficient to make good the cost so defrayed out of the public moneys of Canada, the amount by which such net proceeds falls short of the costs so defrayed as aforesaid, or the whole amount of such cost, if there is nothing which can be sold as aforesaid, shall be recoverable with costs by the Crown,- —

a. from the owner of such vessel or other thing, or from the managing owner or from the master or person in charge thereof at. the tirne such obstruction or obstacle was occasioned ; or,

b. from any person through whose act or fault, or through the act or fault of whose servants such obstruction or obstacle was occasioned or continued.

2. Any sum so recovered shall form part of the Consolidated Revenue Fund of Canada. 60-61 V., c. 23, s. 3.

1 î). No owner or tenant of any saw-mill, or any workman therein or other person shall throw or cause to be thrown, or suffer or permit to be thrown any sawdust, edgiugs, slabs, bark or rubbish of any description whatsœver into any river,

stream or other water, any part of which is navigable or which flows into any navigable water. R. S., c. 91, s. 7.

20. No person shall throw or deposit or cause or permit to be thrown or deposited any stone, gravel, earth, cinders, ashes or other material or rubbish liable to sink to the bottom in any navigable tidal waters of Canada where there are not at least twelve fathoms of water at extreme low tide. 62-63 V., c. 31, s. 1.

2 1 . No person shall throw or deposit, or cause or permit to be thrown or deposited any stone, gravel, earth, cinders, ashes or other material or rubbish liable to sink to the bottom in any navigable non-tidal waters of Canada where there are not at ail times at least eight fathoms of water. 62-63 V., c. 31, s. 1.

22. The several fishery officers shall, from time to time, examine and Report on the condition of such rivers, streams and waters, and prosecute ail persons violating the provisions of the three next preceding sections ; and, for enforcing the said provisions, such officers shall hâve and exercise ail the powers conferred upon them for like purposes by the Fisheries Act. R. S., c. 91, s. 7.

2Î5. The Governor in Council, when it is shown to his satisfaction that the public interest would not be injuriously affected thereby, may, from time to time, by proclamation published in the Canada Gazette, déclaré any of such rivers, streams or waters, or part or parts thereof, exempted in whole or in part, from the operation of the said three sections, and may, from time to time, revoke such proclamation. R. 8., c. 91, s. 7.

24. Nothing in this Part shall be construed to exempt any owner, master or other person from any obligation or responsibility with respect to any obstruction or obstacle imposed on , him by any other law or authority not incompatible with the powers by this Part vested in the Minister, or to derogate from or impair any power or right vested by any such law in the Quebec Harbour Commissioners or Montreal Harbour Gommissioners with respect to such obstruction or obstacle. R. S., c. 91, s. 6.

Stone, etc. , also prohibited.

Depth of water necessary for throwing rubbish, etc.

Fishery officers to examine and report.

Proclamation of exemption of certain rivers.

Quebec and Montreal harbour commissioners mair.tained in their powers.

Powers of harbour commissioners, etc., saved.

Minister inay appoint dumping places.

Neglect to give notice and maintain signal.

Penalty.

Dumping sawdust into river

Penalty.

Throwing stone, etc., into river.

25. Nothing in this Part shall affect the legal powers, right or duties of harbour commissioners, harbour masters or port wardens with respect to materials which, under this Part, are not allowed to be deposited in navigable waters. 62-63 V., c. 31, s. 1.

20. The Minister may appoint places in any navigable water not within the jurisdiction of any of the officers mentioned in the last preceding section where stone, gravel, earth, cinders, ashes or other material may be deposited, notwithstanding that the minimum depth of tvater at any such places may be less than twelve fathoms in the case of tidal waters and not less than eight fathoms in the case of non-tidal waters, and may make rules regulating the deposit of such materials. 62-63 V., c. 31, s. 1.

OFFENCES AND PENALTIES

27. Every person required by this Part to give notice to the Minister or to a collecter of Customs of any obstruction or obstacle to navigation, or to place and maintain thereon or contiguous thereto a signal or light, who fails to give such notice, or to so place or maintain such signal or light, shall, on summary conviction, be liable to a penalty of forty dollars for every day he neglects so to do without lawful or reasonable excuse. R. S., c. 91, s. 2.

2 8. Every owner or tenant of any saw-mill, or any workman therein or other person who thro ws or causes to be thrown , or suffers or perinits to be thrown any sawdust, edgings, slabs, bark or rubbish of any description whatsoever into any river, stream or other water any part of which is navigable or which flows into any navigable water, shall, on summary conviction, be liable, for a first offence, to a penalty of not less than twenty dollars, and for each subséquent offence, to a penalty of not les than fifty dollars. R. S., c. 91, s. 7.

20. Every person who throws or deposits or causes or permits to be thrown or deposited any stone, gravel, earth, cinders, ashes or other material or rubbish liable to sink to the bottom, in any navigable tidal waters of Canada where ther,e are not at least twelve fathoms of water at extreme low tide,

or in navigable non-tidal waters of Canada where there are not at ail times at least eight fathoms of water, shall, on summary conviction, be liable to a penalty not exceeding three hundred dollars, and not less than twenty dollars, and, in any case where any of such materials are thrown from a vessel and a conviction is obtained therefor, such vessel shall be liable for the penalty and may be detained by any port warden or collector of Customs until it is paid. 62-63 V., c. 31, s. 1.

30. No proceedings shall be instituted for the recovery of any penalty for violation of any of the provisions of this Part with respect to non-tidal waters, unless the approval of the Minister be first obtained. 62-63 V., c. 31, s. 1.

Penalty.

Approval of Minister of proceedings