Canada Shipping Act, 2001 (S.C. 2001, c. 26)

AMENDMENTS NOT IN FORCE

• — 2023, c. 26, s. 364

  • 364 Section 38 of the Act is replaced by the following:

    • Contravention of regulations

      • 38 (1) Every person who, or vessel, oil handling facility or hazardous and noxious substances handling facility that, contravenes a provision of the regulations made under paragraph 35(1)(d) or (3)(a) commits an offence and is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

      • Exception

        (2) If a court sentencing a person, vessel, oil handling facility or hazardous and noxious substances handling facility under subsection (1) for contravening a provision of the regulations made under paragraph 35(1)(d) or (3)(a) is of the opinion that the provision that the person, vessel or facility contravened is equivalent to a provision of the regulations made under another provision of this Act and if the punishment provided under this Act for contravening that provision of the regulations is less than the punishment provided under subsection (1), the person, vessel, oil handling facility or hazardous and noxious substances handling facility is liable to that lesser punishment.

• — 2023, c. 26, s. 385

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

    Oil Handling Facilities and Hazardous and Noxious Substances Handling Facilities

    • Notification of proposed operations

      167.1 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, within the prescribed time, notify the Minister of the proposed operations relating to the loading or unloading of oil or hazardous and noxious substances to or from vessels and must 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.

• — 2023, c. 26, s. 386

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

      • 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:

      • 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.

• — 2023, c. 26, s. 387

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

    • Notification — hazardous and noxious substances handling facilities

      167.31 Subject to the regulations, the operator of a hazardous and noxious substances handling facility of a class established by the regulations must notify the Minister of the facility’s operations relating to the loading or unloading of hazardous and noxious substances to or from vessels within 90 days after the day on which this section comes into force and must 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.

• — 2023, c. 26, s. 388

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

    • 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 or a hazardous and noxious substances handling facility of a class established by the regulations must submit to the Minister, within the time set out in the regulations, an oil pollution prevention plan or hazardous and noxious substances pollution prevention plan to prevent a discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel and an oil pollution emergency plan or hazardous and noxious substances pollution emergency plan to respond to a discharge or possible discharge of oil or hazardous and noxious substances during the loading or unloading of a vessel — which meet the requirements set out in the regulations — and must submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister.

• — 2023, c. 26, ss. 389(2), (3)

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

      • 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):

      • 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).

• — 2023, c. 26, s. 390

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

      • 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:

      • 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.

• — 2023, c. 26, s. 391

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

    • Update or revise plans

      168.1 Despite any other provision of this Part or the regulations, the Minister may direct the operator of an oil handling facility to update or revise an oil pollution prevention plan or an oil pollution emergency plan, or the operator of a hazardous and noxious substances handling facility to update or revise a hazardous and noxious substances pollution prevention plan or a hazardous and noxious substances pollution emergency plan, and to submit the up-to-date or revised plan to the Minister within the time specified by the Minister.

• — 2023, c. 26, s. 392

  • 392 Section 168.3 of the Act is replaced by the following:

    • Minister may take measures

      168.3 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or may discharge oil or that the oil pollution prevention plan or the oil pollution emergency plan for the facility does not meet the requirements set out in the regulations, that a hazardous and noxious substances handling facility has discharged, is discharging or may discharge hazardous and noxious substances or that the hazardous and noxious substances pollution prevention plan or the hazardous and noxious substances pollution emergency plan for the facility does not meet the requirements set out in the regulations or that the operator of any of those facilities does not have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge during the loading or unloading of a vessel, the Minister may

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

      • (b) if the Minister considers it necessary, direct the operator of the facility to take the measures that the Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the facility, including to stop loading or unloading oil or hazardous and noxious substances to or from vessels.

• — 2023, c. 26, s. 393

  • 393 Paragraphs 175.1(1)(c) and (d) of the Act are replaced by the following:

    • (c) direct a vessel that is required to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan under the regulations to provide information concerning it and its implementation;

    • (d) direct the operator of an oil handling facility or a hazardous and noxious substances handling facility to provide any document that the operator is required to have on site under this Part; and

• — 2023, c. 26, s. 396

  • • 396 (1) Paragraph 182(1)(a) of the Act is replaced by the following:

      • (a) respecting the circumstances in which operators of oil handling facilities or hazardous and noxious substances handling facilities must report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports must be made;

    • (2) Paragraphs 182(1)(d.1) and (d.2) of the Act are replaced by the following:

      • (d.1) establishing classes of oil handling facilities or hazardous and noxious substances handling facilities and determining which of the requirements set out in sections 167.1 to 168.01 apply to the operators of, or to persons who propose to operate, oil handling facilities or hazardous and noxious substances handling facilities of each class;

      • (d.2) respecting oil pollution prevention plans, oil pollution emergency plans, hazardous and noxious substances pollution prevention plans and hazardous and noxious substances pollution emergency plans, including the time within which the plans must be submitted to the Minister and the circumstances in which up-to-date plans must be submitted to the Minister;

    • (3) Paragraph 182(1)(d.4) of the Act is replaced by the following:

      • (d.4) respecting the information and documents referred to in sections 167.1, 167.3 and 167.31 and subsection 168.01(2), including the time within which the information and documents must be submitted to the Minister;

      • (d.5) respecting the inclusion of the hazardous and noxious substances pollution emergency plan of a facility that is both an oil handling facility and a hazardous and noxious substances handling facility within any other plan required under this Act; and

    • (4) Subsection 182(2) of the Act is replaced by the following:

      • Designation

        (2) Despite the regulations, the Minister may designate an oil handling facility or a hazardous and noxious substances handling facility that is part of a class established by the regulations to be part of a different class established by the regulations or an oil handling facility or a hazardous and noxious substances handling facility that is not part of a class established by the regulations to be part of one of those classes.

    • (5) Subsection 182(3) of the English version of the Act is replaced by the following:

      • Notification

        (3) The Minister must notify the operator of a facility of any designation made in respect of it under subsection (2).

• — 2023, c. 26, s. 397

  • • 397 (1) Paragraph 183(1)(a.1) of the English version of the Act is replaced by the following:

      • (a.1) subsection 167.2(1) (submission of prevention plan and emergency plan);

    • (2) Subsection 183(1) of the Act is amended by adding the following after paragraph (c):

      • (c.1) paragraph 168(2)(c) (submission of up-to-date date hazardous and noxious substances pollution prevention plan);

      • (c.2) paragraph 168(2)(e) (submission of up-to-date date hazardous and noxious substances pollution emergency plan);

      • (c.3) paragraph 168(2)(f) (have procedures, equipment and resources available for immediate use — hazardous and noxious substances);

    • (3) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):

      • (e.001) paragraph 168(4)(a) (implement hazardous and noxious substances pollution prevention plan);

      • (e.002) paragraph 168(4)(b) (implement hazardous and noxious substances pollution emergency plan);

    • (4) Subsection 183(2) of the Act is replaced by the following:

      • Contravention of regulations under paragraph 182(1)(a)

        (1.1) Every operator of an oil handling facility or hazardous and noxious substances handling facility who contravenes a provision of the regulations made under paragraph 182(1)(a) commits an offence.

      • Punishment

        (2) Every person who, or vessel that, commits an offence under subsection (1) or (1.1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

• — 2023, c. 26, s. 398

  • • 398 (1) Subsection 184(1) of the Act is amended by adding the following after paragraph (a.3):

      • (a.4) section 167.31 (notification — hazardous and noxious substances handling facilities);

    • (2) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):

      • (d.001) paragraph 168(2)(a) (have a declaration on site — hazardous and noxious substances);

      • (d.002) paragraph 168(2)(b) (have on site an up-to-date hazardous and noxious substances pollution prevention plan);

      • (d.003) paragraph 168(2)(d) (have on site an up-to-date hazardous and noxious substances pollution emergency plan);

    • (3) Paragraph 184(1)(o) of the Act is replaced by the following:

      • (o) a provision of the regulations made under this Part other than a regulation made under paragraph 182(1)(a).

• — 2023, c. 26, s. 401

  • 401 Section 188 of the Act is replaced by the following:

    • 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.

      • 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.

• — 2023, c. 26, s. 402(2)

  • • 402 (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;

• — 2023, c. 26, s. 404(2)

  • • 404 (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);

• — 2023, c. 26, s. 405(2)

  • • 405 (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);

• — 2023, c. 26, s. 412(3)

  • • 412 (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;