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Marginal note:Regulations — Minister of Transport

• 35 (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations

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  • (e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

  • (f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

  • (g) respecting fees, charges, costs and expenses to be paid in relation to

    • (i) the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft), 11 (Enforcement — Department of Transport) or 12 (Miscellaneous) to the extent that the Minister of Transport is responsible for that Part or the regulations made under any of those Parts or under subsection 136(1), including the development of those regulations, and

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• (3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations

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  • (b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;

  • (c) respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and

  • (d) respecting the setting and payment of fees for services provided in the administration of

    • (i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or

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Ministerial Responsibility

Marginal note:Responsibility for goods

250 Subject to Part 5 of the Marine Liability Act, carriers must use due care and diligence in the safe-keeping and punctual conveyance of goods delivered to them for carriage by water.

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Marginal note:Prescribed procedures, equipment and resources

171 Every response organization shall

• (a) have a response plan that meets the prescribed requirements;

• (b) have the prescribed equipment and resources at the site set out in the response plan;

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• (d) undertake and participate in prescribed activities to evaluate the response plan or its implementation;

• (e) on the request of a vessel or the operator of an oil handling facility with which the response organization has an arrangement referred to in paragraph 167(1)(a) or 168(1)(a), as the case may be, implement a response consistent with the response plan; and

Marginal note:Immunity — taking or refraining from taking measures

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• Marginal note:Immunity — accompanying Minister or officer

  (1.2) A person who accompanies the Minister of Fisheries and Oceans or a pollution response officer under subsection 180.1(2) or (3) is not personally liable, either civilly or criminally, for anything that they do or omit to do in the exercise of their powers under that subsection in accompanying the Minister or officer, unless it is established that the act or omission was not reasonable in the circumstances.

• Marginal note:Civil or criminal liability

  (2) Response organizations, their agents or mandataries, and persons who have been designated in writing by the Minister as approved responders, are not personally liable, either civilly or criminally, in respect of any act or omission occurring or arising during the course of a response operation unless it is shown that the act or omission was committed with the intent to cause loss or damage, or recklessly and with the knowledge that loss or damage would probably result.

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• Marginal note:Definition of response operation

  (4) In this section, response operation means the activities undertaken following a discharge, or a grave and imminent threat of a discharge, from a vessel or an oil handling facility, including activities related to or connected with surveillance of and assessing areas of pollution, mobilizing and demobilizing response equipment and resources, protective booming, containment, recovery, dispersal or destruction of the pollutant, shoreline mitigation and restoration, transporting and disposing of recovered pollutant or waste materials and planning and supervising activities related to the response operation.

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