WIX Archives
Cdn Gov't/DND rules and reg's on recovering wrecks in Canada
Posted by Lee Walsh on Sun Sep 09, 2001 09:08:21 PM
In reply top null posted by null on null
Just thought I post this as there is alot of talk of recovering wrecks in the states and overseas. Just thought if your interested here is what the Canadian Reg's are, and this is only the tip of the iceberg!
Lee
ANNEX A ANNEXE A
SPECIAL CONDITIONS FOR GRANTING OF SALVAGE RIGHTS
The following conditions apply to unmarked crash sites:
1) The Department of National Defence (DND) must be notified of the location of any unmarked crash sites, and
2) DND reserves the right to:
a) remove any weapons, armaments, explosives,
pyrotechnics, and other dangerous or classified
articles;
b) remove any dangerous or classified cargo;
c) investigate the cause of the crash;
d) remove human remains, and;
e) notify next of kin.
3) DND records do not indicate the extent, if any, of explosives on board or in close proximity of the aircraft wreckage. The Purchaser is warned of the inherent danger involved in this regard, and cautioned regarding the provisions of Part II Section 82 of the Criminal Code of Canada concerning possession of explosives without lawful excuse.
4) Her Majesty transfers to the Purchaser those rights or interests it has or may have in the downed aircraft and makes no guarantee regarding those rights or interest, it being understood that the present transfer may be subject to the provisions of the Indian Act, the Canada Shipping Act, and the National Parks General Regulations as well as to the requirements of other federal departments and agencies.
5) Additionally, the Purchaser at his initiative and expense may need to obtain the permission of provincial authorities prior to proceeding with the removal of the downed aircraft; and without restricting the generality of the above, this may include the Provincial Coroner's Office if a death was involved in the crash or if bodies are discovered in and around the crash site as well as compliance with provincial environmental legislation requirements during salvage operations. (See attached Appendix for information concerning the removal of downed aircraft in the Province of Newfoundland.)
6) The Commonwealth War Graves Commission may consider crash sites as "Designated War Graves Sites" and may enforce applicable laws and regulations re violations and disturbances. The Commission can be reached at:
Commonwealth War Graves
66 Slater Street
Ottawa, Ontario
K1A 0P4
7) The rights to the recovery of the aircraft/aircraft wreckage pertains to the aircraft/aircraft wreckage only, and does not grant a right to trespass to exercise these rights.
8) The following conditions apply to the recovery operation:
a) recovery operations are undertaken at applicant's
own risk;
b) DND is to be notified through Crown Assets
Distribution Directorate/Public Works and
Government Services Canada that the
aircraft was recovered;
c) the right to recover the aircraft and/or the
aircraft wreckage cannot be sold to anyone with-out
the approval of Public
Works and Government Services Canada/Crown Assets
Distribution Directorate.
9) The rights to the recovery of the aircraft/aircraft wreckage is granted for a period of two years from the execution of the Sales Order. If removal of the aircraft/aircraft wreckage has not been effected by that date, ownership will revert to the Crown unless those rights are extended or renewed. For sites located in Newfoundland, requestors must obtain the Newfoundland
Government's approval prior to proceeding with the removal of downed aircraft. Correspondence is to be forwarded to the following address:
Provincial Archaeology Office of Newfoundland
Ms. Martha Drake
Resources Archaeologist Division
Culture and Heritage Division
Department of Tourism, Culture and Recreation
P.O. Box 8700
St. John's Newfoundland A1B 4J6
Telephone:
T?l?phone: 709-729-2462
Fax: 709-729-0870
c.c Ms. Delphina Mercer
fax: 709-729-0870