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

Act current to 2017-10-13 and last amended on 2017-06-22. Previous Versions

Offences and Punishment

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

    • (a) paragraph 167(1)(a) (have an arrangement);

    • (b) paragraph 168(1)(a) (have an arrangement);

    • (c) paragraph 168(1)(e) (have procedures, equipment and resources available for immediate use);

    • (d) paragraph 168(3)(a) (implement oil pollution prevention plan);

    • (e) paragraph 168(3)(b) (implement oil pollution emergency plan);

    • (e.1) a direction given under section 168.1 (to update or revise plans);

    • (e.2) a direction given under paragraph 168.3(b) (to take measures);

    • (f) paragraph 171(b) (have equipment and resources at the site);

    • (g) paragraph 171(e) (implement response plan);

    • (h) a direction given under paragraph 175.1(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of a pollutant);

    • (i) subsection 177(7) (giving clearance to detained vessel);

    • (j) subsection 177(8) (moving detained vessel);

    • (k) section 178 (wilfully interfering with service of notice); or

    • (l) a direction given under paragraph 180(1)(c) (to take measures or refrain from doing so).

  • Marginal note:Punishment

    (2) Every person who, 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 eighteen months, or to both.

  • 2001, c. 26, s. 183;
  • 2005, c. 29, s. 28;
  • 2014, c. 29, s. 70.
Marginal note:Contravention of Act or regulations
  •  (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    • (a) paragraph 167(1)(b) (have a declaration on board);

    • (b) paragraph 168(1)(b) (have a declaration on site);

    • (c) paragraph 168(1)(c) (have oil pollution prevention plan on site);

    • (d) paragraph 168(1)(d) (have oil pollution emergency plan on site);

    • (d.1) a direction given under section 168.2 (to provide information);

    • (e) paragraph 171(a) (have a response plan);

    • (f) paragraph 171(c) (provide or arrange for training);

    • (g) paragraph 171(d) (undertake and participate in activities to evaluate response plan);

    • (h) paragraph 171(f) (provide information);

    • (h.1) a direction given under section 171.1 (to provide documents);

    • (i) a direction given under paragraph 175.1(1)(a) (to provide information officer considers appropriate);

    • (j) a direction given under paragraph 175.1(1)(b) (to proceed by a route and not in excess of a speed);

    • (k) a direction given under paragraph 175.1(1)(c) (to provide information relating to pollution plan);

    • (l) a direction given under paragraph 175.1(1)(d) or (e) (to provide documents);

    • (m) a direction given under paragraph 176(1)(b) (to provide reasonable assistance);

    • (n) a direction given under paragraph 176(1)(c) or (d) (to provide information or to produce documents for inspection); and

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

  • Marginal note:Punishment

    (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

  • 2001, c. 26, s. 184;
  • 2014, c. 29, s. 71.

PART 9Pollution Prevention — Department of Transport

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

discharge

rejet

discharge means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

Minister

ministre

Minister means the Minister of Transport. (ministre)

oil pollution incident

événement de pollution par les hydrocarbures

oil pollution incident means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil. (événement de pollution par les hydrocarbures)

pollutant

polluant

pollutant means

  • (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

  • (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

It includes oil and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. (polluant)

  • 2001, c. 26, s. 185;
  • 2005, c. 29, s. 29.

Application

Marginal note:Application
  •  (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.

  • 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.

Pollution Incidents

Marginal note:Discharge of pollutant prohibited

 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

 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.

Directions to Vessels

Marginal note:Powers in case of discharge

 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.

  • 2001, c. 26, s. 189;
  • 2005, c. 29, s. 30.
 
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