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

Assented to 2001-11-01

PART 9POLLUTION PREVENTION — DEPARTMENT OF TRANSPORT

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

“discharge”

« rejet »

“discharge” means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“oil pollution incident”

« événement de pollution par les hydrocarbures »

“oil pollution incident” means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil.

“pollutant”

« polluant »

“pollutant” means

  • (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

  • (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

It includes oil and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) to be a pollutant.

Application

Marginal note:Application
  •  (1) Subject to subsection (2), this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada.

  • Marginal note:Exclusion

    (2) This Part does not apply in respect of a discharge of oil or gas from a vessel that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act, in so far as the discharge emanates from those activities.

  • Definition of “oil” and “gas”

    (3) In subsection (2), “oil” and “gas” have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.