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

Act current to 2017-11-20 and last amended on 2017-06-22. Previous Versions

AMENDMENTS NOT IN FORCE

  • — 2014, c. 29, s. 60

    • 60 The Act is amended by adding the following after section 167:

      Oil Handling Facilities

      • Notification of proposed operations

        167.1 Subject to the regulations, a person who proposes to operate an oil handling facility of a class established by the regulations shall, within the prescribed time, notify the Minister of the proposed operations relating to the loading or unloading of oil to or from vessels and shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

      • Submission of plans
        • 167.2 (1) Subject to the regulations, a person who proposes to operate an oil handling facility of a class established by the regulations shall, at least 90 days before the day on which the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels will begin — or within any other time specified by the Minister — submit to the Minister

          • (a) an oil pollution prevention plan to prevent a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations; and

          • (b) an oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations.

        • Submission of information or documents

          (2) A person referred to in subsection (1) shall submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister.

        • Prohibition against beginning operations

          (3) A person referred to in subsection (1) shall not begin operations relating to the loading or unloading of oil to or from vessels unless the plans submitted under subsection (1) meet the requirements set out in the regulations.

      • Notification of operations

        167.3 Subject to the regulations, the operator of an oil handling facility of a class established by the regulations shall notify the Minister of the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels within 90 days after the day on which this section comes into force and shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

      • Submission of plans

        167.4 Subject to the regulations, unless the plans have already been submitted under subsection 167.2(1), the operator of an oil handling facility of a class established by the regulations shall submit to the Minister, within the time set out in the regulations, an oil pollution prevention plan to prevent a discharge of oil during the loading or unloading of a vessel and an oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel — which meet the requirements set out in the regulations — and shall submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister.

  • — 2014, c. 29, s. 61

      • 61 (1) The portion of subsection 168(1) of the Act before paragraph (a) is replaced by the following:

        • Oil handling facilities — requirements
          • 168 (1) Subject to the regulations, the operator of an oil handling facility of a class established by the regulations shall

      • (2) Subparagraph 168(1)(b)(i) of the Act is replaced by the following:

        • (i) describes the manner in which the operator will comply with the regulations made under paragraph 182(1)(a),

      • (3) Paragraphs 168(1)(c) and (d) of the Act are replaced by the following:

        • (c) have on site an up-to-date oil pollution prevention plan to prevent a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations;

        • (c.1) submit the up-to-date oil pollution prevention plan to the Minister within the time and in the circumstances set out in the regulations;

        • (d) have on site an up-to-date oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations;

        • (d.1) submit the up-to-date oil pollution emergency plan to the Minister within the time and in the circumstances set out in the regulations; and

      • (4) Paragraph 168(1)(e) of the English version of the Act is replaced by the following:

        • (e) 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.

      • (5) Subsection 168(2) of the Act is repealed.

  • — 2014, c. 29, s. 62

    • 62 The Act is amended by adding the following after section 168:

      • Notification of proposed change to operations
        • 168.01 (1) Subject to the regulations, an operator of an oil handling facility of a class established by the regulations that proposes to make a change, or permit a change to be made, to the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels shall — at least 180 days before the day on which it makes the change or permits the change to be made — notify the Minister of the change, including any of the following changes:

          • (a) a change in the oil handling facility’s transfer rate, if the change would result in the oil handling facility becoming part of a different class established by the regulations;

          • (b) a change in the design of the oil handling facility, or a change in the oil handling facility’s equipment; or

          • (c) a change in the type or composition of oil that is loaded or unloaded to or from vessels.

        • Submission of information or documents

          (2) The operator referred to in subsection (1) shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

        • Revise plans

          (3) The operator referred to in subsection (1) shall revise the oil pollution prevention plan and the oil pollution emergency plan and submit the revised plans to the Minister at least 90 days before making the change or permitting the change to be made, or within any other time specified by the Minister.

        • Prohibition against making changes

          (4) An operator shall not make a change referred to in subsection (1) or permit one to be made unless the plans submitted under subsection (3) meet the requirements set out in the regulations.

  • — 2014, c. 29, s. 69

      • 69 (1) Section 182 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

        • (d.1) establishing classes of oil handling facilities and determining which of the requirements set out in sections 167.1 to 168.01 apply to the operators of, or to persons who propose to operate, oil handling facilities of each class;

        • (d.2) respecting oil pollution prevention plans and oil pollution emergency plans, including the time within which the plans shall be submitted to the Minister and the circumstances in which up-to-date plans shall be submitted to the Minister;

        • (d.3) respecting the procedures, equipment and resources referred to in paragraph 168(1)(e) and section 168.3;

        • (d.4) respecting the information and documents referred to in sections 167.1 and 167.3 and subsection 168.01(2), including the time within which the information and documents shall be submitted to the Minister; and

      • (2) Section 182 of the Act is renumbered as subsection 182(1) and is amended by adding the following:

        • Designation

          (2) Despite the regulations, the Minister may designate an oil handling facility that is part of a class established by the regulations to be part of a different class established by the regulations or an oil handling facility that is not part of a class established by the regulations to be part of one of those classes.

        • Notification

          (3) The Minister shall notify the operator of an oil handling facility of any designation made in respect of it under subsection (2).

  • — 2014, c. 29, ss. 70(1) to (3)

      • 70 (1) Subsection 183(1) of the Act is amended by adding the following after paragraph (a):

        • (a.1) subsection 167.2(1) (submission of oil pollution prevention plan and oil pollution emergency plan);

        • (a.2) subsection 167.2(3) (prohibition against beginning operations);

        • (a.3) section 167.4 (submission of plans);

      • (2) Subsection 183(1) of the Act is amended by adding the following after paragraph (b):

        • (b.1) paragraph 168(1)(c.1) (submission of up-to-date oil pollution prevention plan);

        • (b.2) paragraph 168(1)(d.1) (submission of up-to-date oil pollution emergency plan);

      • (3) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):

        • (e.01) subsection 168.01(3) (revise plans);

        • (e.02) subsection 168.01(4) (prohibition against making changes);

  • — 2014, c. 29, s. 71(2)

      • 71 (2) Subsection 184(1) of the Act is amended by adding the following after paragraph (a):

        • (a.1) section 167.1 (notification of proposed operations);

        • (a.2) subsection 167.2(2) (submission of information or documents);

        • (a.3) section 167.3 (notification of operations);

  • — 2014, c. 29, s. 71(4)

      • 71 (4) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):

        • (d.01) subsection 168.01(1) (notification of proposed change to operations);

        • (d.02) subsection 168.01(2) (submission of information or documents);

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