Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

696 Paragraph 138(1)(i) of the Act is replaced by the following:

697 Section 147 of the Act is replaced by the following:

698 The definition oil pollution incident in section 165 of the Act is replaced by the following:

699 The portion of section 168.3 of the Act before paragraph (a) is replaced by the following:

700 Subsection 174.1(3) of the Act is repealed.

701 The portion of subsection 175.1(2) of the Act before paragraph (a) is replaced by the following:

• 702 (1) The portion of subsection 180(1) of the Act before paragraph (c) is replaced by the following:

  Marginal note:Minister of Fisheries and Oceans — measures

  • 180 (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or may discharge a pollutant, he or she may

    • (a) take the measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility, including, in the case of a vessel, by removing — or by selling, dismantling, destroying or otherwise disposing of — the vessel or its contents;

    • (b) monitor the measures taken by any person or vessel to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility; or

• (2) Subsections 180(2) and (3) of the Act are replaced by the following:

  • Marginal note:Clear title

    (2) When a vessel or its contents are disposed of under paragraph 180(1)(a), the Minister of Fisheries and Oceans may give the person acquiring them a valid title to the vessel or its contents free from any mortgage, hypothec, maritime lien or other interest or right that is in existence at the time of the disposition.

  • Marginal note:At risk and expense of owner

    (2.1) The disposition is at the risk, cost and expense of the owner of the vessel or its contents.

  • Marginal note:Payment of proceeds

    (2.2) When a vessel or its contents are disposed of under paragraph 180(1)(a), any surplus remaining from the proceeds of the disposition after deducting the costs and expenses incurred in respect of the disposition shall be paid to the Minister of Fisheries and Oceans, in respect of all costs and expenses incurred in taking any other measures under this Part, and to the holders, if known at the time of the disposition, of any mortgages, hypothecs, maritime liens or other interests or rights that are in existence at the time of the disposition, and any amount that remains after paying the Minister of Fisheries and Oceans and the holders shall be paid to the owner of the vessel or the contents.

  • Marginal note:Federal Court directions

    (2.3) The Minister of Fisheries and Oceans may apply to the Federal Court for directions as to the allocation of the surplus referred to in subsection (2.2).

  • Marginal note:Compensation

    (3) Compensation shall be paid by Her Majesty in right of Canada for the services of any person or vessel, other than the operator of an oil handling facility or vessel that had discharged, was discharging or may have discharged a pollutant, that has complied with a direction issued under paragraph (1)(c).

  • Marginal note:Priority

    (4) A direction made by the Minister of Fisheries and Oceans under paragraph (1)(c) prevails over an order or direction made under any Act of Parliament, to the extent of any inconsistency.

703 The Act is amended by adding the following after section 180:

• 704 (1) Subsection 181(1) of the Act is replaced by the following:

  Marginal note:Immunity — taking or refraining from taking measures

  • 181 (1) A person who, or vessel that, is directed to take or refrain from taking measures under paragraph 180(1)(c) is not personally liable, either civilly or criminally, for anything they do or omit to do in the course of complying with the direction, unless it is established that the act or omission was not reasonable in the circumstances.

  • Marginal note:Immunity — providing assistance

    (1.1) A person who provides assistance or advice in taking or refraining from taking any measure under section 180 is not personally liable, either civilly or criminally, for anything that they do or omit to do in the course of providing the assistance or advice, unless it is established that the act or omission was not reasonable in the circumstances.

  • 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.

• (2) Subsection 181(3) of the Act is replaced by the following:

  • Marginal note:Exception

    (3) Nothing in subsection (1) affects the liability of the owner of a vessel, or of the vessel, that had discharged, was discharging or may have discharged a pollutant in respect of

    • (a) the occurrence that resulted in the taking of the measures referred to in subsection 180(1); and

    • (b) any act or omission in the course of complying with a direction given under paragraph 180(1)(c).