Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
Full Document:
- HTMLFull Document: Budget Implementation Act, 2023, No. 1 (Accessibility Buttons available) |
- PDFFull Document: Budget Implementation Act, 2023, No. 1 [3565 KB]
Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 21Oceans Protection Plan (continued)
SUBDIVISION B2001, c. 26Canada Shipping Act, 2001 (continued)
401 Section 188 of the Act is replaced by the following:
Marginal note:Implementation of pollution emergency plan
188 (1) If a vessel is required by the regulations to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan, the vessel must take reasonable measures to implement the plan in respect of an oil pollution incident or hazardous and noxious substances pollution incident.
Marginal note:Notice to Minister
(2) If a vessel is required by the regulations to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan, the owner or authorized representative of the vessel must notify the Minister, in the form and manner that the Minister specifies, of the identity of the person who, in accordance with the regulations, is responsible for implementing the vessel’s plan.
402 (1) Section 189 of the Act is renumbered as subsection 189(1).
(2) Subsection 189(1) of the Act is amended by adding the following after paragraph (a.1):
(a.2) direct a vessel that is required to have a shipboard hazardous and noxious substances pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;
(3) The portion of paragraph 189(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following:
d) ordonner au bâtiment de se rendre, de la façon et par la route qu’il spécifie, au lieu qu’il précise et, selon le cas :
(4) Section 189 of the Act is amended by adding the following after subsection (1):
Marginal note:Direction to authorize vessel
(2) The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (1)(d) to proceed to the place selected by the Minister and to
(a) unload the pollutant; or
(b) moor, anchor or remain there for any reasonable period that the Minister may specify.
403 (1) Paragraph 190(1)(a) of the Act is replaced by the following:
(a) prescribing pollutants for the purpose of section 187 and subsection 189(1) and respecting the circumstances in which such pollutants may be discharged;
(2) Subsection 190(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m):
(n) respecting shipboard hazardous and noxious substances pollution emergency plans.
404 (1) Paragraph 191(1)(a) of the Act is replaced by the following:
(a) paragraph 186.1(1)(a) (ensure vessel meets requirements);
(a.1) paragraph 186.1(1)(b) (develop procedures);
(a.2) paragraph 186.1(1)(c) (ensure emergency procedures training);
(a.3) paragraph 186.1(1)(d) (ensure environmental protection training);
(a.4) paragraph 186.1(2)(a) (ensure vessel inspected);
(a.5) paragraph 186.1(2)(b) (ensure terms and conditions met);
(a.6) section 186.2 (obtain Canadian maritime documents);
(a.7) subsection 186.3(1) (protection of marine environment);
(a.8) subsection 186.3(2) (take reasonable measures);
(a.9) section 187 (discharge of a pollutant);
(2) Paragraph 191(1)(b) of the Act is replaced by the following:
(b) subsection 188(1) (implement shipboard emergency plan);
(b.1) subsection 188(2) (notice to Minister — identity of qualified person);
(3) Paragraph 191(1)(c) of the Act is replaced by the following:
(c) a direction given under subparagraph 189(1)(d)(i) (direction to proceed to a place and unload a pollutant);
(c.1) a direction given under subsection 189(2) (direction to authorize a vessel); and
405 (1) Paragraph 192(1)(a) of the Act is replaced by the following:
(a) a direction given under paragraph 189(1)(a) or (b) (direction to provide information);
(a.1) a direction given under paragraph 189(1)(a.1) (direction to provide information — shipboard oil pollution emergency plan);
(2) Subsection 192(1) of the Act is amended by adding the following after paragraph (a.1):
(a.2) a direction given under paragraph 189(1)(a.2) (direction to provide information — shipboard hazardous and noxious substances pollution emergency plan);
(3) Paragraphs 192(1)(b) and (c) of the Act are replaced by the following:
(b) a direction given under paragraph 189(1)(c) (direction to proceed by a specified route); or
(c) a direction given under subparagraph 189(1)(d)(ii) (direction to proceed to a place and remain there).
406 Section 194 of the Act is amended by adding the following in alphabetical order:
- 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 Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. (polluant)
407 Section 202 of the Act is replaced by the following:
Marginal note:Licensing of pleasure craft
202 (1) Subject to the regulations, if a pleasure craft is required by regulations made under this Part to be licensed, the owner of the craft must not operate it, or permit it to be operated, unless it is licensed.
Marginal note:Transfer of licence
(2) Subject to the regulations, when the ownership of a pleasure craft referred to in subsection (1) changes, the new owner must not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations.
408 The Act is amended by adding the following after section 203:
Marginal note:Refusal to issue or transfer licence
203.1 Despite any other provision of this Act, the Minister may refuse to issue — including by way of renewal — or transfer a licence for a pleasure craft or may refuse to issue a replacement licence if the applicant for, or holder of, the licence is in default of payment of a required fee, charge, cost or expense in respect of that pleasure craft under this Act or the Wrecked, Abandoned or Hazardous Vessels Act.
409 Paragraph 207(1)(k) of the French version of the Act is replaced by the following:
k) concernant l’identification de la coque ou les numéros de série qui identifient les embarcations de plaisance;
410 Subsection 209(2) of the Act is replaced by the following:
Marginal note:Punishment
(2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000.
411 The definition relevant provision in section 210 of the Act is replaced by the following:
- relevant provision
relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering. (disposition visée)
412 (1) Subsection 211(3) of the French version of the Act is replaced by the following:
Marginal note:Arraisonnement
(3) Aux fins d’inspection, l’inspecteur peut ordonner au capitaine d’immobiliser son bâtiment ou de se rendre au lieu qu’il précise et de s’y amarrer à quai, de mouiller ou de rester à cet endroit pour la période raisonnable qu’il indique.
(2) Section 211 of the Act is amended by adding the following after subsection (3):
Marginal note:Direction to authorize vessel
(3.1) A marine safety inspector may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under subsection (3) to proceed to the place selected by the inspector and moor, anchor or remain there for any reasonable period that the inspector may specify.
(3) Paragraphs 211(4)(d.1) and (e) of the Act are replaced by the following:
(d.1) direct the operator of an oil handling facility or hazardous and noxious substances handling facility, or a person who proposes to operate such a facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan, an oil pollution emergency plan, a hazardous and noxious substances pollution prevention plan or a hazardous and noxious substances pollution emergency plan referred to in Part 8;
(e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility or hazardous and noxious substances handling facility is required to have on site, under a relevant provision;
413 Subsection 222(11) of the Act is replaced by the following:
Marginal note:Liability for expenses
(11) The authorized representative and the owner of a vessel that is detained under this section are jointly and severally, or solidarily, liable for all expenses incurred in respect of the detained vessel.
414 Paragraph 224(c) of the Act is replaced by the following:
(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative and the owner of the vessel, for which the authorized representative and the owner are jointly and severally, or solidarily, liable for the expense of moving the vessel.
415 (1) Subsection 226(2) of the Act is replaced by the following:
Marginal note:Vessel may be seized and sold if fine or penalty not paid
(2) At any time after a fine is imposed under a relevant provision against, or a certificate is registered in the Federal Court under subsection 235(2) in respect of, a vessel, its authorized representative or its owner, the Minister may, while the fine or debt remains unpaid, seize the vessel and, after giving notice to the authorized representative or owner, sell it and, by bill of sale, give the purchaser a valid title to the vessel free from any mortgage or other claim on the vessel that exists at the time of the sale.
(2) Paragraph 226(4)(a) of the Act is replaced by the following:
(a) the authorized representative and the owner, jointly and severally, or solidarily, in the case of a Canadian vessel; and
- Date modified: