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

Act current to 2020-09-09 and last amended on 2019-07-30. Previous Versions

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

Offences and Punishment (continued)

Marginal note:Contravention of Act or regulations

  •  (1) Every person who, or vessel that, contravenes any of the following commits an offence:

    • (a) paragraph 167(1)(b) (have a declaration on board);

    • (a.1) section 167.1 (notification of proposed operations);

    • (a.2) subsection 167.2(2) (submission of information or documents);

    • (a.3) section 167.3 (notification of operations);

    • (b) paragraph 168(1)(b) (have a declaration on site);

    • (c) paragraph 168(1)(c) (have oil pollution prevention plan on site);

    • (d) paragraph 168(1)(d) (have oil pollution emergency plan on site);

    • (d.01) subsection 168.01(1) (notification of proposed change to operations);

    • (d.02) subsection 168.01(2) (submission of information or documents);

    • (d.1) a direction given under section 168.2 (to provide information);

    • (e) paragraph 171(a) (have a response plan);

    • (f) paragraph 171(c) (provide or arrange for training);

    • (g) paragraph 171(d) (undertake and participate in activities to evaluate response plan);

    • (h) paragraph 171(f) (provide information);

    • (h.1) a direction given under section 171.1 (to provide documents);

    • (i) a direction given under paragraph 175.1(1)(a) (to provide information officer considers appropriate);

    • (j) a direction given under paragraph 175.1(1)(b) (to proceed by a route and not in excess of a speed);

    • (k) a direction given under paragraph 175.1(1)(c) (to provide information relating to pollution plan);

    • (l) a direction given under paragraph 175.1(1)(d) or (e) (to provide documents);

    • (m) a direction given under paragraph 176(1)(b) (to provide reasonable assistance);

    • (n) a direction given under paragraph 176(1)(c) or (d) (to provide information or to produce documents for inspection); and

    • (o) a provision of the regulations made under this Part.

  • Marginal note:Punishment

    (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

  • 2001, c. 26, s. 184
  • 2014, c. 29, s. 71

PART 9Pollution Prevention — Department of Transport

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

discharge

discharge means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. (rejet)

Minister

Minister means the Minister of Transport. (ministre)

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 Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. (polluant)

  • 2001, c. 26, s. 185
  • 2005, c. 29, s. 29
  • 2018, c. 27, s. 706

Application

Marginal note:Application

  •  (1) Subject to subsection (2), this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada.

  • Marginal note:Exclusion

    (2) This Part does not apply in respect of a discharge of oil or gas from 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, in so far as the discharge emanates from those activities.

  • 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.

Pollution Incidents

Marginal note:Discharge of pollutant prohibited

 No person or vessel shall discharge a prescribed pollutant, except in accordance with the regulations made under this Part or a permit granted under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999.

Marginal note:Implementation of oil pollution emergency plan

 If a vessel is required by the regulations to have a shipboard oil pollution emergency plan, the vessel shall take reasonable measures to implement the plan in respect of an oil pollution incident.

Directions to Vessels

Marginal note:Powers in case of discharge

 If the Minister believes on reasonable grounds that a vessel may discharge, or may have discharged, a prescribed pollutant, the Minister may

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

  • (a.1) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;

  • (b) direct a vessel that is required to have on board a declaration described in paragraph 167(1)(b) to provide information concerning it;

  • (c) 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 in the manner that the Minister may specify; and

  • (d) direct the vessel to proceed to the place that the Minister may select, by the route and in the manner that the Minister may specify, and to

    • (i) unload the pollutant, or

    • (ii) moor, anchor or remain there for any reasonable period that the Minister may specify.

  • 2001, c. 26, s. 189
  • 2005, c. 29, s. 30

Regulations

Marginal note:Regulations

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the protection of the marine environment, including regulations

    • (a) prescribing pollutants for the purpose of sections 187 and 189 and respecting the circumstances in which such pollutants may be discharged;

    • (b) respecting the circumstances in which persons on board vessels shall report discharges or anticipated discharges, the manner of making the reports and the persons to whom the reports shall be made;

    • (c) respecting the carrying of pollutants on board a vessel, whether as cargo or fuel;

    • (d) respecting the control and prevention of pollution of the air by vessels;

    • (e) respecting reception facilities for oily residues, chemical residues, garbage and sewage;

    • (f) respecting the control and management of ballast water;

    • (g) for preventing or reducing the release by vessels into waters of aquatic organisms or pathogens that, if released into those waters, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters;

    • (h) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

    • (i) specifying the machinery, equipment and supplies that must be on board vessels or classes of vessels;

    • (j) respecting the design, construction, manufacture, maintenance, storage, testing, arrangement and use of vessels’ or classes of vessels’ machinery, equipment and supplies;

    • (k) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

    • (l) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (k) are met; and

    • (m) respecting the inspection and testing of vessels, or classes of vessels, and their machinery, equipment and supplies.

  • Marginal note:Application of regulations

    (2) Regulations made under subsection (1) apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.

  • 2001, c. 26, s. 190
  • 2018, c. 27, s. 707(E)
 
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