Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Assented to 2001-11-01

Discharges of Oil

Marginal note:Vessels — requirements
  •  (1) Subject to subsection (2), every prescribed vessel or vessel of a prescribed class shall

    • (a) have an arrangement with a response organization in respect of a quantity of oil that is at least equal to the total amount of oil that the vessel carries, both as cargo and as fuel, to a prescribed maximum quantity, and in respect of waters where the vessel navigates or engages in a marine activity; and

    • (b) have on board a declaration, in the form specified by the Minister of Transport, that

      • (i) identifies the name and address of the vessel’s insurer or, in the case of a subscription policy, the name and address of the lead insurer who provides pollution insurance coverage in respect of the vessel,

      • (ii) confirms that the arrangement has been made, and

      • (iii) identifies every person who is authorized to implement the arrangement.

  • Marginal note:Certain provisions do not apply to certain vessels

    (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of a vessel that is in prescribed waters.

  • Marginal note:Exemption

    (3) The Minister may exempt, subject to any conditions that the Minister considers appropriate, for a specified period any vessel, or class of vessels, that is en route through waters referred to in subsection 166(1), from the application of any provision of this Part if the Minister is of the opinion that the vessel or class of vessels is subject to a provision of the laws of another state that provides for standards that are equivalent to or stricter than the standards provided for in the provision of this Part.

  • Marginal note:Publication

    (4) Notice of every exemption must be published in the Canada Gazette.

Marginal note:Oil handling facilities — requirements
  •  (1) The operator of an oil handling facility of a prescribed class shall

    • (a) have an arrangement with a response organization in respect of any quantity of oil that is, at any time, involved in being loaded or unloaded to or from a vessel at the oil handling facility, to a prescribed maximum quantity;

    • (b) have on site a declaration in the form specified by the Minister that

      • (i) describes the manner in which the operator will comply with the regulations made under paragraph 182(a),

      • (ii) confirms that the arrangement has been made, and

      • (iii) identifies every person who is authorized to implement the arrangement and the oil pollution emergency plan referred to in paragraph (d);

    • (c) have on site an oil pollution prevention plan that meets the prescribed requirements to prevent a discharge of oil during the loading or unloading of a vessel;

    • (d) have on site an oil pollution emergency plan that meets the prescribed requirements to respond to a discharge of oil during the loading or unloading of a vessel; and

    • (e) have the prescribed procedures, equipment and resources available for immediate use in the event of a discharge of oil during the loading or unloading of a vessel.

  • Marginal note:Certain provisions do not apply to prescribed classes

    (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of prescribed classes of oil handling facilities.

  • Marginal note:Duty to take reasonable measures — oil handling facilities

    (3) The operator of an oil handling facility referred to in subsection (1) shall take reasonable measures to implement

    • (a) the oil pollution prevention plan referred to in paragraph (1)(c); and

    • (b) in respect of an oil pollution incident, the oil pollution emergency plan referred to in paragraph (1)(d).

Response Organizations

Marginal note:Certificate of designation
  •  (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.

  • Marginal note:Application

    (2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

  • Marginal note:Further evidence

    (3) In addition to the specified information and documents, the Minister may require that an applicant

    • (a) provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met; and

    • (b) undergo any examinations and have its installations undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met.

  • Marginal note:Period of validity

    (4) Every certificate is valid for the period specified by the Minister.

  • Marginal note:Refusal to issue or renew

    (5) The Minister may refuse to issue or renew a certificate if the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

  • Marginal note:Suspension and cancellation

    (6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.

Marginal note:Statement of fees
  •  (1) A response organization, or a qualified person who makes an application under subsection 169(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a).

  • Marginal note:Notice

    (2) A response organization, or a qualified person who makes an application under subsection 169(1), must give notice of the proposed fees in the prescribed manner.

  • Marginal note:Charging fees

    (3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.

  • Marginal note:Fee review

    (4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.

  • Marginal note:Assistance

    (5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Order to amend or eliminate fee

    (6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.

  • Marginal note:Notice of order

    (7) The response organization affected by the order must give notice of it in the prescribed manner.

 
Date modified: