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

Act current to 2022-05-02 and last amended on 2019-07-30. Previous Versions

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

Oil Handling Facilities (continued)

Marginal note:Oil handling facilities — requirements

  •  (1) Subject to the regulations, the operator of an oil handling facility of a class established by the regulations shall

    • (a) have an arrangement with a response organization in respect of any quantity of oil that is, at any time, involved in being loaded or unloaded to or from a vessel at the oil handling facility, to a prescribed maximum quantity;

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

      • (i) describes the manner in which the operator will comply with the regulations made under paragraph 182(1)(a),

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

      • (iii) identifies every person who is authorized to implement the arrangement and the oil pollution emergency plan referred to in paragraph (d);

    • (c) have on site an up-to-date 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;

    • (c.1) submit the up-to-date oil 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 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;

    • (d.1) submit the up-to-date oil pollution emergency plan to the Minister within the time and in the circumstances set out in the regulations; and

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

  • (2) [Repealed, 2014, c. 29, s. 61]

  • Marginal note:Duty to take reasonable measures — oil handling facilities

    (3) The operator of an oil handling facility referred to in subsection (1) shall take reasonable measures to implement

    • (a) the oil pollution prevention plan referred to in paragraph (1)(c); and

    • (b) in respect of an oil pollution incident, the oil pollution emergency plan referred to in paragraph (1)(d).

Marginal note:Notification of proposed change to operations

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

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

    • (c) a change in the type or composition of oil that is loaded or unloaded to or from vessels.

  • Marginal note:Submission of information or documents

    (2) The operator referred to in subsection (1) 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:Revise plans

    (3) The operator referred to in subsection (1) shall revise the oil pollution prevention plan and the oil 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.

  • Marginal note:Prohibition against making changes

    (4) An operator shall not make a change referred to in subsection (1) or permit one to be made unless the plans submitted under subsection (3) meet the requirements set out in the regulations.

Marginal note:Update or revise plans

 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 and to submit the up-to-date or revised plan to the Minister within the time specified by the Minister.

  • 2014, c. 29, s. 63

Marginal note:Provide information

 A marine safety inspector may direct any person to provide the inspector with any information that the inspector reasonably requires in the administration of this Part.

  • 2014, c. 29, s. 63

Marginal note:Minister may take measures

 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or may discharge oil, that the oil pollution prevention plan or the oil pollution emergency plan for an oil handling facility does not meet the requirements set out in the regulations or that the operator of an oil handling facility does not have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge of oil 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 oil handling facility; or

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

  • 2014, c. 29, s. 63
  • 2018, c. 27, s. 699

Response Organizations

Marginal note:Certificate of designation

  •  (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.

  • Marginal note:Application

    (2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

  • Marginal note:Further evidence

    (3) In addition to the specified information and documents, the Minister may require that an applicant

    • (a) provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met; and

    • (b) undergo any examinations and have its installations undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met.

  • Marginal note:Period of validity

    (4) Every certificate is valid for the period specified by the Minister.

  • Marginal note:Refusal to issue or renew

    (5) The Minister may refuse to issue or renew a certificate if the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

  • Marginal note:Suspension and cancellation

    (6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.

Marginal note:Statement of fees

  •  (1) A response organization, or a qualified person who makes an application under subsection 169(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a).

  • Marginal note:Notice

    (2) A response organization, or a qualified person who makes an application under subsection 169(1), must give notice of the proposed fees in the prescribed manner.

  • Marginal note:Charging fees

    (3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.

  • Marginal note:Fee review

    (4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.

  • Marginal note:Assistance

    (5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Order to amend or eliminate fee

    (6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.

  • Marginal note:Notice of order

    (7) The response organization affected by the order must give notice of it in the prescribed manner.

Marginal note:Prescribed procedures, equipment and resources

 Every response organization shall

  • (a) have a response plan that meets the prescribed requirements;

  • (b) have the prescribed equipment and resources at the site set out in the response plan;

  • (c) provide or arrange for prescribed training to prescribed classes of persons;

  • (d) undertake and participate in prescribed activities to evaluate the response plan or its implementation;

  • (e) on the request of a vessel or the operator of an oil handling facility with which the response organization has an arrangement referred to in paragraph 167(1)(a) or 168(1)(a), as the case may be, implement a response consistent with the response plan; and

  • (f) on the request of the Minister or an advisory council established under section 172, provide information regarding any of the matters referred to in paragraphs (a) to (e).

Marginal note:Provide documents

 A marine safety inspector may direct a response organization to provide the inspector with any document that the organization is required to have under this Part.

  • 2014, c. 29, s. 64

Advisory Councils

Marginal note:Advisory councils

  •  (1) The Minister may establish an advisory council in respect of any geographic area for the purpose of advising the Minister with respect to this Part.

  • Marginal note:Members

    (2) Each advisory council is to be composed of no more than seven members who are appointed to the council by the Minister and who, in the Minister’s opinion, can represent the communities and interests potentially affected by an oil spill in that area.

  • Marginal note:Term

    (3) Each member of an advisory council is to be appointed for a term of not more than three years and is eligible for reappointment.

  • Marginal note:President

    (4) An advisory council must elect one of its members to be its president.

  • Marginal note:Honoraria and expenses

    (5) The members of an advisory council may be paid the honoraria that the Minister considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the council while absent from their ordinary place of residence.

  • Marginal note:Recommendations

    (6) An advisory council is to advise and may make recommendations to the Minister.

  • Marginal note:Meetings in public

    (7) Advisory council meetings must be open to the public unless the council is satisfied that a public meeting would not be in the public interest, in which case the meeting or any part of it may be held in private.

Report to Parliament

Marginal note:Review and report by Minister

 Every five years, the Minister must review the operation of sections 167 to 172 and have laid before each House of Parliament a report setting out the results of the review.

Pollution Response Officers

 [Repealed, 2014, c. 29, s. 65]

Marginal note:Designation of pollution response officer

  •  (1) The Minister of Fisheries and Oceans may designate any persons or classes of persons as pollution response officers in respect of discharges or threats of discharges and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part.

  • Marginal note:Certificate of designation

    (2) The Minister of Fisheries and Oceans must furnish every pollution response officer with a certificate of designation and, if the officer’s powers are limited under subsection (1), the certificate must specify the powers that the officer may exercise.

  • (3) [Repealed, 2018, c. 27, s. 700]

  • 2005, c. 29, s. 23
  • 2018, c. 27, s. 700

 [Repealed, 2014, c. 29, s. 66]

Marginal note:Powers of pollution response officers — general

  •  (1) A pollution response officer may

    • (a) direct a vessel, if it is about to enter or is within waters in respect of which this Part applies, to provide him or her with any information that he or she considers appropriate for the administration of this Part;

    • (b) direct any vessel that is within or about to enter waters in respect of which this Part applies and that he or she believes on reasonable grounds to be carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify;

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

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

    • (e) direct a response organization to provide any document that the organization is required to have under this Part.

  • Marginal note:Powers — discharge of pollutant

    (2) If the pollution response officer believes on reasonable grounds that a vessel has discharged, is discharging or may discharge a pollutant, he or she may

    • (a) direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify;

    • (b) go on board and take samples of any substance that he or she believes to be the pollutant;

    • (c) if the vessel is within or about to enter waters in respect of which this Part applies, direct the vessel to

      • (i) proceed to the place within waters in respect of which this Part applies that he or she may specify, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,

      • (ii) proceed out of waters in respect of which this Part applies, by the route and in the manner that he or she may specify, or

      • (iii) remain outside waters in respect of which this Part applies; and

    • (d) if he or she is informed that a substantial quantity of a pollutant has entered or been discharged in waters in respect of which this Part applies, or if on reasonable grounds he or she is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and

      • (i) direct any vessel within that emergency zone to report its position to him or her,

      • (ii) direct any vessel not to enter or not to leave the emergency zone, and

      • (iii) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.

  • Marginal note:Disposition of samples

    (3) An officer who takes a sample under paragraph (2)(b) may dispose of it in any manner that he or she considers appropriate or may submit it for analysis or examination to a person designated by the Minister.

  • Marginal note:Certificate or report

    (4) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

  • Marginal note:Certificate

    (5) Subject to subsections (6) and (7), the certificate or report is admissible in evidence in any proceeding related to an offence under this Part and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

  • Marginal note:Attendance of person

    (6) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

  • Marginal note:Notice

    (7) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

  • 2005, c. 29, s. 23
  • 2018, c. 27, s. 701
 
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