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

Act current to 2016-06-06 and last amended on 2015-02-26. Previous Versions

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).

Marginal note:Update or revise plans

 Despite any other provision of this Part or the regulations, the Minister may direct the operator of an oil handling facility to update or revise an oil pollution prevention plan or an oil pollution emergency plan and to submit the up-to-date or revised plan to the Minister within the time specified by the Minister.

  • 2014, c. 29, s. 63.
Marginal note:Provide information

 A marine safety inspector may direct any person to provide the inspector with any information that the inspector reasonably requires in the administration of this Part.

  • 2014, c. 29, s. 63.
Marginal note:Minister may take measures

 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or is likely to discharge oil, that the oil pollution prevention plan or the oil pollution emergency plan for an oil handling facility does not meet the requirements set out in the regulations or that the operator of an oil handling facility does not have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge of oil during the loading or unloading of a vessel, the Minister may

  • (a) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the oil handling facility; or

  • (b) if he or she considers it necessary, direct the operator of the oil handling facility to take the measures that the Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the oil handling facility, including to stop loading or unloading oil to or from vessels.

  • 2014, c. 29, s. 63.

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.

Marginal note:Prescribed procedures, equipment and resources

 Every response organization shall

  • (a) have a response plan that meets the prescribed requirements;

  • (b) have the prescribed equipment and resources at the site set out in the response plan;

  • (c) provide or arrange for prescribed training to prescribed classes of persons;

  • (d) undertake and participate in prescribed activities to evaluate the response plan or its implementation;

  • (e) on the request of a vessel or the operator of an oil handling facility with which the response organization has an arrangement referred to in paragraph 167(1)(a) or 168(1)(a), as the case may be, implement a response consistent with the response plan; and

  • (f) on the request of the Minister or an advisory council established under section 172, provide information regarding any of the matters referred to in paragraphs (a) to (e).

Marginal note:Provide documents

 A marine safety inspector may direct a response organization to provide the inspector with any document that the organization is required to have under this Part.

  • 2014, c. 29, s. 64.

Advisory Councils

Marginal note:Advisory councils
  •  (1) The Minister may establish an advisory council in respect of any geographic area for the purpose of advising the Minister with respect to this Part.

  • Marginal note:Members

    (2) Each advisory council is to be composed of no more than seven members who are appointed to the council by the Minister and who, in the Minister’s opinion, can represent the communities and interests potentially affected by an oil spill in that area.

  • Marginal note:Term

    (3) Each member of an advisory council is to be appointed for a term of not more than three years and is eligible for reappointment.

  • Marginal note:President

    (4) An advisory council must elect one of its members to be its president.

  • Marginal note:Honoraria and expenses

    (5) The members of an advisory council may be paid the honoraria that the Minister considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the council while absent from their ordinary place of residence.

  • Marginal note:Recommendations

    (6) An advisory council is to advise and may make recommendations to the Minister.

  • Marginal note:Meetings in public

    (7) Advisory council meetings must be open to the public unless the council is satisfied that a public meeting would not be in the public interest, in which case the meeting or any part of it may be held in private.

 
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