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

Act current to 2022-06-20 and last amended on 2019-07-30. Previous Versions

PART 6Incidents, Accidents and Casualties (continued)

Interpretation (continued)

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

 [Repealed, 2019, c. 1, s. 143]

Obligations in Case of Collisions

Marginal note:Duty of masters in collision

 If vessels collide, the master or person in charge of each vessel shall, if and in so far as they can to do so without endangering their vessel, crew or passengers,

  • (a) render to the other vessel, its master, crew and passengers the assistance that may be necessary to save them from any danger caused by the collision, and to stay by the other vessel until the master or person has determined that it has no need of further assistance; and

  • (b) give the name of their vessel, if any, the name and address of its authorized representative, if any, and any other prescribed information to the master or person in charge of the other vessel.

Inquiry into Causes of Death

Marginal note:Inquiry into cause of death on board

  •  (1) If a person dies on board a Canadian vessel, on the vessel’s arrival at a port in Canada, the Minister is to endeavour to ascertain the cause of death and, for that purpose, may hold an inquiry.

  • Marginal note:Powers of Minister

    (2) For the purpose of the inquiry, the Minister has the powers of a commissioner under Part I of the Inquiries Act and may, if it appears to the Minister to be necessary for the purpose of the inquiry,

    • (a) go on board any vessel and inspect it or any part of it, or any of its machinery, equipment or cargo, while not detaining the vessel for longer than necessary from proceeding on a voyage; and

    • (b) enter and inspect any premises at any reasonable time.

  • Marginal note:Warrant required to enter living quarters

    (3) Living quarters may not be entered under subsection (2) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (4).

  • Marginal note:Authority to issue warrant

    (4) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing the Minister to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    • (a) is necessary for the purpose of an inquiry; and

    • (b) has been refused or there are reasonable grounds for believing that it will be refused.

  • Marginal note:Use of force

    (5) In executing a warrant, the Minister may not use force unless the Minister is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Regulations

Marginal note:Regulations — Minister

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

    • (b) [Repealed, 2019, c. 1, s. 144]

    • (c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

    • (d) prescribing anything that may be prescribed under this Part.

  • (2) [Repealed, 2019, c. 1, s. 144]

Offences and Punishment

Marginal note:Contravention of paragraph 148(a) or the regulations

  •  (1) Every person commits an offence who contravenes

    • (a) paragraph 148(a) (render assistance after a collision); or

    • (b) a provision of the regulations made under paragraph 150(1)(a).

  • 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 $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

Marginal note:Contravention of Act or regulations

  •  (1) Every person commits an offence who contravenes

    • (a) paragraph 148(b) (failure to provide information after a collision); or

    • (b) a provision of the regulations made under paragraph 150(1)(c).

  • 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 $10,000.

PART 7[Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

PART 8Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

discharge

discharge means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility 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)

Minister

Minister means the Minister of Transport. (ministre)

oil

oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. (hydrocarbures)

oil pollution incident

oil pollution incident means an occurrence, or a series of occurrences having the same origin, that results or may result in a discharge of oil. (événement de pollution par les hydrocarbures)

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 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 or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility. (dommages dus à la pollution)

response organization

response organization means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1). (organisme d’intervention)

  • 2001, c. 26, s. 165
  • 2005, c. 29, s. 21
  • 2018, c. 27, s. 698

Application

Marginal note:Application

  •  (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities in Canada.

  • Marginal note:Exclusion

    (2) This Part does not apply in respect of a vessel that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act.

  • Definition of oil and gas

    (3) In subsection (2), oil and gas have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.

Discharges of Oil

Marginal note:Vessels — requirements

  •  (1) Subject to subsection (2), every prescribed vessel or vessel of a prescribed class shall

    • (a) have an arrangement with a response organization in respect of a quantity of oil that is at least equal to the total amount of oil that the vessel carries, both as cargo and as fuel, to a prescribed maximum quantity, and in respect of waters where the vessel navigates or engages in a marine activity; and

    • (b) have on board a declaration, in the form specified by the Minister, that

      • (i) identifies the name and address of the vessel’s insurer or, in the case of a subscription policy, the name and address of the lead insurer who provides pollution insurance coverage in respect of the vessel,

      • (ii) confirms that the arrangement has been made, and

      • (iii) identifies every person who is authorized to implement the arrangement.

  • Marginal note:Certain provisions do not apply to certain vessels

    (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of a vessel that is in prescribed waters.

  • Marginal note:Exemption

    (3) The Minister may exempt, subject to any conditions that the Minister considers appropriate, for a specified period any vessel, or class of vessels, that is en route through waters referred to in subsection 166(1), from the application of any provision of this Part if the Minister is of the opinion that the vessel or class of vessels is subject to a provision of the laws of another state that provides for standards that are equivalent to or stricter than the standards provided for in the provision of this Part.

  • Marginal note:Publication

    (4) Notice of every exemption must be published in the Canada Gazette.

  • 2001, c. 26, s. 167
  • 2005, c. 29, s. 22

Oil Handling Facilities

Marginal note:Notification of proposed operations

 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

  •  (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

 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

 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.

 
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