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

PART 9Pollution Prevention — Department of Transport

Interpretation

Marginal note:Definitions

185 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)

Application

Marginal note:Application

• 186 (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

187 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

188 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

189 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.

Regulations

Marginal note:Regulations

• 190 (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.

Offences and Punishment

Marginal note:Contravention of Act or regulations

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

  • (a) section 187 (discharge of a pollutant);

  • (b) section 188 (implement shipboard oil pollution emergency plan);

  • (c) a direction given under subparagraph 189(d)(i) (proceed to a place and unload a pollutant); and

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

• Marginal note:Punishment

  (2) Every person or vessel that 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:Continuing offence

  (3) If an offence under paragraph (1)(a) is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Factors to be considered

  (4) In determining the punishment under subsection (2), the court may have regard to the following factors:

  • (a) the harm or risk of harm caused by the offence;

  • (b) an estimate of the total costs of clean-up, of harm caused, and of the best available mitigation measures;

  • (c) the remedial action taken, or proposed to be taken, by the offender to mitigate the harm;

  • (d) whether the discharge or anticipated discharge was reported in accordance with the regulations made under paragraph 190(1)(b);

  • (e) any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and

  • (f) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or to minimize pollution.