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

Act current to 2017-06-19 and last amended on 2015-02-26. Previous Versions

Regulations

Marginal note:Regulations
  •  (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.

Offences and Punishment

Marginal note:Contravention of Act or regulations
  •  (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    • (a) section 187 (discharge of a pollutant);

    • (b) section 188 (implement shipboard oil pollution emergency plan);

    • (c) a direction given under subparagraph 189(d)(i) (proceed to a place and unload a pollutant); and

    • (d) a provision of the regulations made under this Part.

  • Marginal note:Punishment

    (2) Every person or vessel that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

  • Marginal note:Continuing offence

    (3) If an offence under paragraph (1)(a) is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

  • Marginal note:Factors to be considered

    (4) In determining the punishment under subsection (2), the court may have regard to the following factors:

    • (a) the harm or risk of harm caused by the offence;

    • (b) an estimate of the total costs of clean-up, of harm caused, and of the best available mitigation measures;

    • (c) the remedial action taken, or proposed to be taken, by the offender to mitigate the harm;

    • (d) whether the discharge or anticipated discharge was reported in accordance with the regulations made under paragraph 190(1)(b);

    • (e) any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and

    • (f) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or to minimize pollution.

Marginal note:Contravention of directions
  •  (1) Every vessel commits an offence that contravenes

    • (a) a direction given under paragraph 189(a) or (b) (to provide information);

    • (b) a direction given under paragraph 189(c) (to proceed by a specified route); or

    • (c) a direction given under subparagraph 189(d)(ii) (to proceed to a place and remain there).

  • Marginal note:Punishment

    (2) Every vessel that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.

Marginal note:Court orders

 If an offender is convicted of an offence under this Part, in addition to imposing any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

  • (a) prohibiting the offender from performing any act or engaging in any activity that may result in the continuation or repetition of the offence;

  • (b) directing the offender to publish the facts relating to the conviction;

  • (c) directing the offender to submit to the Minister, on application by the Minister made within three years after the date of the conviction, any information with respect to the offender’s activities that the court considers appropriate and just in the circumstances;

  • (d) in the case of a discharge, directing the offender to pay an amount for the purpose of conducting research into the ecological use and disposal of the pollutant in respect of which the offence was committed; and

  • (e) requiring the offender to comply with any other reasonable conditions that the court considers appropriate and just in the circumstances for securing the offender’s good conduct and preventing the offender from repeating the same offence or committing other offences.

PART 10Pleasure Craft

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

enforcement officer

agent de l’autorité

enforcement officer means

  • (a) a member of the Royal Canadian Mounted Police;

  • (b) a member of any harbour or river police force;

  • (c) a member of any provincial, county or municipal police force; and

  • (d) any person, or member of a class of persons, designated under subsection 196(1). (agent de l’autorité)

inspector

inspecteur

inspector means a pleasure craft safety inspector designated under subsection 195(1). (inspecteur)

licence

permis

licence means a licence issued for a pleasure craft under this Part. (permis)

Minister

ministre

Minister means the Minister of Transport. (ministre)

  • 2001, c. 26, s. 194;
  • 2005, c. 29, s. 31.

Inspections

Marginal note:Designation
  •  (1) The Minister may designate persons or classes of persons as pleasure craft safety inspectors.

  • Marginal note:Certificate

    (2) The Minister must furnish every inspector with a certificate of designation as a pleasure craft safety inspector authorizing the inspector to carry out inspections under sections 196 and 198.

  • Marginal note:Immunity

    (3) Inspectors are not personally liable for anything they do or omit to do in good faith under this Part.

 
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