Safeguarding Canada’s Seas and Skies Act (S.C. 2014, c. 29)
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Assented to 2014-12-09
PART 42001, c. 6MARINE LIABILITY ACT
Amendments to the Act
Marginal note:2009, c. 21, s. 11
51. Section 125 of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).
Marginal note:2009, c. 21, s. 11
52. (1) Subsection 129(1) of the Act is replaced by the following:
Marginal note:Detention
129. (1) If a designated officer believes, on reasonable grounds, that an offence in respect of section 55, 73 or 74.28 or regulations made under paragraph 39(a) or (b) has been committed by or in respect of a ship, the officer may make a detention order in respect of the ship.
Marginal note:2009, c. 21, s. 11
(2) Paragraph 129(4)(a) of the Act is replaced by the following:
(a) indicate the measures that are to be taken to ensure compliance with section 55, 73 or 74.28 or regulations made under paragraph 39(a) or (b) and that must be taken for the detention order to be revoked within any time specified in the order; and
Marginal note:2009, c. 21, s. 11
53. Section 131 of the Act is replaced by the following:
Marginal note:Contraventions
131. Every person or ship that contravenes subsection 55(1) or (2), 73(1) or (2), 74.28(1) or (2), 128(2) or 129(6) or (7) or regulations made under section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.
Marginal note:2009, c. 21, s. 11
54. Subsections 132(4) and (5) of the Act are replaced by the following:
Marginal note:Contraventions
(4) Every person who contravenes subsection 74.4(7) or 117(5), section 118 or subsection 119(9) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.
Marginal note:Failure to file information return
(4.1) Any person who fails to file an information return required under subsection 74.4(2) or 117(1.2) or (1.4) is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each day of default.
Definition of “person”
(5) For the purposes of subsection (4.1), “person” has the same meaning as in Article I of the Civil Liability Convention, as defined in subsection 47(1), except that, in the context of the Hazardous and Noxious Substances Convention, as defined in that subsection, “person” has the same meaning as in Article 1 of that Convention.
Marginal note:2009, c. 21, s. 11
55. The portion of paragraph 136(1)(a) of the Act before subparagraph (i) is replaced by the following:
(a) an information is laid in respect of an offence under subsection 55(1) or (2), 73(1) or (2) or 74.28(1) or (2) or of a regulation made under paragraph 39(a) or (b), and
56. The Act is amended by adding, after Schedule 8, the Schedule 9 set out in the schedule to this Act.
Coming into Force
Marginal note:Order in council
57. The provisions of this Part, other than subsections 29(2) to (4), sections 30, 32, 34 and 36, subsections 40(2) and 50(1), (3), (4), (6) and (7) and sections 51 and 54, come into force on a day or days to be fixed by order of the Governor in Council.
PART 52001, c. 26CANADA SHIPPING ACT, 2001
Amendments to the Act
58. The definition “oil handling facility” in section 2 of the Canada Shipping Act, 2001 is replaced by the following:
“oil handling facility”
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“oil handling facility” means a facility, including an oil terminal, that is used or that will be used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels.
59. Subsection 11(2) of the Act is amended by adding the following after paragraph (c):
(c.1) inspections respecting pollution prevention for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans);
60. The Act is amended by adding the following after section 167:
Oil Handling Facilities
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
61. (1) The portion of subsection 168(1) of the Act before paragraph (a) is replaced by the following:
Marginal note: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.
62. The Act is amended by adding the following after section 168:
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
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