Law:Canada Prize Act

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R.s.c., 1970, c. P-24

An Act to provide for a prize Court and prize law in Canada


Contents

Short Title

Short title

1. This Act may be cited as the Canada Prize Act.

R.S., 1952, c. 28, s. 1.


Interpretation

"ship"

2. In this Act "ship" includes vessel and boat, with the tackle, furniture and apparel of the ship, vessel or boat, and other words and expressions have the same meaning as in the Admiralty Act.

R.S., 1952, c. 28, s. 2.


Prize Court

Federal Court jurisdiction

3. (1) The Federal Court of Canada has and shall exercise, subject to this Act, jurisdiction in all matters of prize in Canada.

(2)�(Repealed, R.S., 1970, c. 10(2nd Supp.), s. 65)

Officers

(3) The Minister of Justice may, from time to time by notice published in the Canada Gazette, designate by name or office, the persons who may act as registrars, marshals or other officers of the Court in the exercise of its prize jurisdiction.

R.S., 1970, c. P-24, s. 3; R.S., 1970, c. 10(2nd Supp.), s. 65.

4. (Repealed, R.S., 1970, c. 10(2nd Supp.), s. 65)


Prize Law Of Canada

Prize jurisdiction

5. (1) The Court shall, subject to this section, take cognizance of and judicially proceed upon all, and all manner of, captures, seizures, prizes and reprisals made under the authority of Her Majesty in right of Canada of all ships, aircraft or goods, and shall hear and determine the same and, according to the Course of Admiralty and the Law of Nations, adjudge and condemn all such ships, aircraft or goods as belong to any enemy country or the citizens or subjects thereof or any other persons inhabiting any of the countries, territories or dominions of any enemy country or that are otherwise condemnable as prize.

Exercise of prize jurisdiction

(2) Subject to any orders or regulations made under this Act and until otherwise provided by or pursuant to any other Act of the Parliament of Canada, all Acts enacted by the Parliament of the United Kingdom, and all orders, regulations or rules made pursuant thereto, in force in the United Kingdom on the 10th day of September 1939, in respect of ships, aircraft or goods taken as prize under the authority of Her Majesty in right of the United Kingdom and within or brought within the United Kingdom or the territorial waters thereof, and in respect of all matters relating to the taking thereof, or otherwise with regard thereto as prize, shall apply in, and be the law of Canada, mutatis mutandis, in respect of ships, aircraft or goods taken as prize under the authority of Her Majesty in right of Canada, and within or brought within Canada or the territorial waters thereof, and in respect of all matters relating to the taking thereof, or otherwise with regard thereto as prize; and, subject as aforesaid, the Court shall exercise its prize jurisdiction in respect of the like persons, matters and things and in a like manner and with a like authority and to as full an extent in respect of such last-mentioned ships, aircraft or goods as the High Court of Justice in England might on the said date exercise its prize jurisdiction in respect of such first-mentioned ships, aircraft or goods.

R.S., 1952, c. 28, s. 5.

Consent of Attorney General

6. (1) No proceedings to enforce a claim for services rendered in retaking a ship, aircraft or goods taken by an enemy shall be instituted and no such claim shall be made or shall be relied upon in any proceedings by way of defence or otherwise without the consent of the Attorney General of Canada.

Evidence of consent

(2) Evidence of the consent required by this section may be given by means of a document purporting to give such consent and to be signed by the Attorney General of Canada.

R.S., 1952, c. 28, s. 6.


Procedure And Orders Or Regulations

Orders and regulations

7. The Governor in Council may, on the recommendation of the Minister of Justice, make orders or regulations

(a) regulating the practice and procedure in causes or matters falling within the prize jurisdiction of the Court or a judge thereof;

(b) fixing the scale of costs, charges and fees in such causes or matters and regulating the taxation thereof, where costs are awarded for or against a party in any such cause or matter;

(c) fixing the fees payable to the Court or its officers in respect of anything done or any proceeding taken in such causes or matters;

(d) prescribing the powers and duties of registrars and marshals or their deputies and the powers and duties of other officers of the Court; and

(e) for such other purposes governing the exercise of the prize jurisdiction of the Court or to give effect to the provisions of this Act or otherwise in relation to prize as he may deem advisable.

R.S., 1952, c. 28, s. 7.


Reciprocal Arrangements With Other Governments

Jurisdiction of Court in extra-territorial waters by consent

8. (1) Where Her Majesty in right of a government other than the Government of Canada or a co-belligerent of Her Majesty consents to the taking as prize under the authority of Her Majesty in right of Canada, of ships, aircraft or goods within the territory or territorial waters of Her Majesty in right of the said government, or of the said co-belligerent, or to the bringing within the said territory or territorial waters of ships, aircraft or goods so taken outside the said territory or territorial waters, the Court has and shall exercise jurisdiction in prize in respect of the said ships, aircraft or goods in a like manner and to the same extent as in the case of ships, aircraft or goods so taken on the high seas and brought within Canada or the territorial waters of Canada.

Where consent deemed to have been given

(2) Where Her Majesty in right of a government other than the Government of Canada or a co-belligerent of Her Majesty has given the consent referred to in subsection (1), any ship, aircraft or goods taken as prize under the authority of Her Majesty in right of Canada within or so taken and brought within the territory or territorial waters of Her Majesty in right of the said government or of the said co-belligerent, before the said consent was given, shall be deemed to be so taken or brought with the said consent unless it is expressly stated in the consent that it is to have effect only with respect to ships, aircraft or goods so taken or brought after the date of the consent.

Admissibility of evidence of prize court constituted under other authority

(3) Without limiting or restricting the authority of the Court otherwise to receive or to admit evidence, where Her Majesty in right of a government other than the Government of Canada or a co-belligerent of Her Majesty has given the consent referred to in subsection (1), the Court may receive evidence in respect of the taking as prize under the authority of Her Majesty in right of Canada, of any ship, aircraft or goods taken within, or so taken and brought within, the territory or territorial waters of Her Majesty in right of the said government or of the said co-belligerent, or in respect of any other matters of prize relating thereto, received and recorded by a prize court constituted by or under the authority of Her Majesty in right of the said government or of the said co-belligerent if the evidence would be received and admissible in the Court if given before it.

R.S., 1952, c. 28, s. 8.

Consent to other authority to take prizes within Canadian territorial waters

9. (1) Where Her Majesty in right of a government other than the Government of Canada or a co-belligerent of Her Majesty has given the consent referred to in section 8, or where it has been agreed that such a consent will be given, the Governor in Council may authorize the Secretary of State for External Affairs to consent on behalf of Her Majesty in right of Canada, on such terms as the Governor in Council deems advisable, to the taking as prize, under the authority of Her Majesty in right of the said government, or of the said co-belligerent, of ships, aircraft or goods within, or the bringing of ships, aircraft or goods so taken within Canada or the territorial waters of Canada.

Court may order prize taken by other authority held in custody of Court

(2) Where a consent has been given under subsection (1) to Her Majesty in right of a government other than the Government of Canada or to a co-belligerent of Her Majesty, if an undertaking by Her Majesty in right of the said government or by the said co-belligerent is given to Her Majesty in right of Canada to bear all expenses in connection therewith, the Court may order that any ship, aircraft or goods taken as prize under the authority of Her Majesty in right of the said government, or of the said co-belligerent, within, or so taken and brought within Canada or the territorial waters of Canada, be held in the custody of the Court until an order is made by a prize court constituted by or under the authority of Her Majesty in right of the said government or of the said co-belligerent with regard to the release or disposal thereof.

Court to give effect to orders made by other authority

(3) The Court shall recognize and give effect to any proceedings or order taken or made in relation to any ship, aircraft or goods held in the custody of the Court pursuant to an order made under subsection (2) before or by a prize court having jurisdiction in respect thereof constituted by or under the authority of Her Majesty in right of the government, or of the co-belligerent of Her Majesty, under whose authority the said ship, aircraft or goods was taken or brought within Canada or the territorial waters of Canada.

Court may receive and record evidence for other authority

(4) The Court may receive and record evidence in respect of the taking of any ship, aircraft or goods taken or brought within Canada or the territorial waters of Canada under the authority of Her Majesty in right of a government other than the Government of Canada, or of a co-belligerent of Her Majesty, to whom a consent has been given under this section, or in respect of any other matter of prize relating thereto, if application for that purpose is made to it on behalf of Her Majesty in right of the said government or of the said co-belligerent.

R.S., 1952, c. 28, s. 9.

Notice of consent

10. Notice of a consent under section 8 or 9 and of the terms thereof shall be given by proclamation of the Governor in Council published in the Canada Gazette and such proclamation is conclusive evidence of such consent and of the terms thereof.

R.S., 1952, c. 28, s. 10.


Continuation Of Procedure

Status of general orders and rules in force at commencement of Act

11. General orders and rules in force immediately prior to the 18th day of December 1945 in respect of the exercise of jurisdiction in prize by the Court and the practice and procedure therein are, except in so far as they are inconsistent with this Act or orders or regulations made under this Act, deemed to have been re-enacted under this Act on the 18th day of December 1945, and shall govern the exercise by the Court of the prize jurisdiction conferred on it by this Act until revoked or amended.

R.S., 1952, c. 28, s. 11.


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