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Canada Shipping Act, 2001

Version of section 165 from 2023-06-22 to 2024-05-28:


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 or of a hazardous and noxious substance from a hazardous and noxious substances handling facility if the facility is 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)

hazardous and noxious substance

hazardous and noxious substance means a substance other than oil that, if introduced into the marine environment, is likely to create hazards to human health, harm living resources and marine life, damage amenities or interfere with legitimate uses of the marine environment. (substance nocive et potentiellement dangereuse)

hazardous and noxious substances pollution incident

hazardous and noxious substances pollution incident means any occurrence or series of occurrences having the same origin, including fire or explosion, that results or may result in a discharge of hazardous and noxious substances. (événement de pollution par les substances nocives et potentiellement dangereuses)

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, hazardous and noxious substances 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, an oil handling facility or a hazardous and noxious substances facility, means loss or damage outside the vessel or 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
  • 2023, c. 26, s. 383

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