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

Marginal note:Application

• 166. (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities in Canada.

• Marginal note:Exclusion

  (2) This Part does not apply in respect of 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.

• Marginal note: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.

Marginal note:Vessels — requirements

• 167. (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, 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

• 168. (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).