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

Marginal note:Discharge of pollutant prohibited

187. No person or vessel shall discharge a prescribed pollutant, except in accordance with the regulations made under this Part or a permit granted under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999.

Marginal note:Implementation of oil pollution emergency plan

188. If a vessel is required by the regulations to have a shipboard oil pollution emergency plan, the vessel shall take reasonable measures to implement the plan in respect of an oil pollution incident.

Marginal note:Powers in case of discharge

189. If the Minister believes on reasonable grounds that a vessel may discharge, or may have discharged, a prescribed pollutant, the Minister may

• (a) direct a vessel, if it is about to enter or is within waters to which this Part applies, to provide the Minister with any information that the Minister considers appropriate for the administration of this Part;

• (b) direct a vessel that is required to have on board a declaration described in paragraph 167(1)(b) to provide information concerning it;

• (c) direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route and in the manner that the Minister may specify; and

• (d) direct the vessel to proceed to the place that the Minister may select, by the route and in the manner that the Minister may specify, and to

  • (i) unload the pollutant, or

  • (ii) moor, anchor or remain there for any reasonable period that the Minister may specify.

Marginal note:Regulations

• 190. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the protection of the marine environment, including regulations

  • (a) prescribing pollutants for the purpose of sections 187 and 189 and respecting the circumstances in which such pollutants may be discharged;

  • (b) respecting the circumstances in which persons on board vessels shall report discharges or anticipated discharges, the manner of making the reports and the persons to whom the reports shall be made;

  • (c) respecting the carrying of pollutants on board a vessel, whether as cargo or fuel;

  • (d) respecting the control and prevention of pollution of the air by vessels;

  • (e) respecting reception facilities for oily residues, chemical residues, garbage and sewage;

  • (f) respecting the control and management of ballast water;

  • (g) for preventing or reducing the release by vessels into waters of aquatic organisms or pathogens that, if released into those waters, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters;

  • (h) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

  • (i) specifying the machinery, equipment and supplies that must be on board vessels or classes of vessels;

  • (j) respecting the design, construction, manufacture, maintenance, storage, testing, arrangement and use of vessels’ or classes of vessels’ machinery, equipment and supplies;

  • (k) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

  • (l) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (k) are met; and

  • (m) respecting inspections and the testing of vessels, or classes of vessels, and their machinery, equipment and supplies.

• Marginal note:Application of regulations

  (2) Regulations made under subsection (1) apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.