Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

381 Section 136 of the Act is amended by adding the following after subsection (2):

382 Subsection 152(2) of the Act is replaced by the following:

• 383 (1) The definitions discharge, pollutant and pollution damage in section 165 of the Act are replaced by the following:

  discharge

  discharge means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility or of a hazardous and noxious substance from a hazardous and noxious substances handling facility if the facility is engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

  pollutant

  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, hazardous and noxious substances and any substance or class of substances that is prescribed for the purpose of this Part to be a pollutant. (polluant)

  pollution damage

  pollution damage in relation to a vessel, an oil handling facility or a hazardous and noxious substances facility, means loss or damage outside the vessel or facility caused by contamination resulting from a discharge from the vessel or facility. (dommages dus à la pollution)

• (2) Section 165 of the Act is amended by adding the following in alphabetical order:

  hazardous and noxious substance

  hazardous and noxious substance means a substance other than oil that, if introduced into the marine environment, is likely to create hazards to human health, harm living resources and marine life, damage amenities or interfere with legitimate uses of the marine environment. (substance nocive et potentiellement dangereuse)

  hazardous and noxious substances pollution incident

  hazardous and noxious substances pollution incident means any occurrence or series of occurrences having the same origin, including fire or explosion, that results or may result in a discharge of hazardous and noxious substances. (événement de pollution par les substances nocives et potentiellement dangereuses)

384 Subsection 166(1) of the Act is replaced by the following:

385 Section 167.1 of the Act and the heading before it are replaced by the following:

• 386 (1) Subsection 167.2(1) of the Act is replaced by the following:

  Marginal note:Submission of plans

  • 167.2 (1) Subject to the regulations, a person who proposes to operate an oil handling facility or a hazardous and noxious substances handling facility of a class established by the regulations must, at least 90 days before the day on which the facility’s operations relating to the loading or unloading of oil or hazardous and noxious substances 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 or hazardous and noxious substances pollution prevention plan that meets the requirements set out in the regulations to prevent a discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel; and

    • (b) an oil pollution emergency plan or hazardous and noxious substances pollution emergency plan that meets the requirements set out in the regulations to respond to a discharge or possible discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel.

• (2) Subsection 167.2(3) of the Act is replaced by the following:

  • Marginal note:Prohibition against beginning operations

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

387 The Act is amended by adding the following after section 167.3:

388 Section 167.4 of the Act is replaced by the following:

• 389 (1) Paragraph 168(1)(d) of the Act is replaced by the following:

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

• (2) Section 168 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Hazardous and noxious substances handling facilities — requirements

    (2) Subject to the regulations, the operator of a hazardous and noxious substances handling facility of a class established by the regulations must

    • (a) have on site a declaration in the form specified by the Minister that describes the manner in which the operator will comply with the regulations made under paragraph 182(1)(a);

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

    • (c) submit the up-to-date hazardous and noxious substances 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 hazardous and noxious substances pollution emergency plan to respond to a discharge or possible discharge of hazardous and noxious substances during the loading or unloading of a vessel, which meets the requirements set out in the regulations;

    • (e) submit the up-to-date hazardous and noxious substances pollution emergency plan to the Minister within the time and in the circumstances set out in the regulations; and

    • (f) have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge of hazardous and noxious substances during the loading or unloading of a vessel.

• (3) Section 168 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Reasonable measures — hazardous and noxious substances handling facilities

    (4) The operator of a hazardous and noxious substances handling facility referred to in subsection (2) must take reasonable measures to implement

    • (a) the hazardous and noxious substances pollution prevention plan referred to in paragraph (2)(a); and

    • (b) in respect of a hazardous and noxious substances pollution incident, the hazardous and noxious substances pollution emergency plan referred to in paragraph (2)(b).

• 390 (1) Subsection 168.01(1) of the Act is replaced by the following:

  • Marginal note:Notification of proposed change to operations

    (1) Subject to the regulations, an operator of an oil handling facility or a hazardous and noxious substances handling facility of a class established by the regulations that proposes to make a change, or permit a change to be made, to the facility’s operations relating to the loading or unloading of oil or hazardous and noxious substances to or from vessels must — 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 facility’s transfer rate, if the change would result in the facility becoming part of a different class established by the regulations;

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

    • (c) a change in the type or composition of oil that is, or hazardous and noxious substances that are, loaded or unloaded to or from vessels.

• (2) Subsection 168.01(3) of the Act is replaced by the following:

  • Marginal note:Revise plans

    (3) The operator referred to in subsection (1) must revise the oil pollution prevention plan and the oil pollution emergency plan, or the hazardous and noxious substances pollution prevention plan and the hazardous and noxious substances 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.

391 Section 168.1 of the Act is replaced by the following: