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

Marginal note:Application

• 186. (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.

• 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: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;

• (a.1) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;

• (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.