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Canada Shipping Act, 2001

Version of section 168 from 2003-01-01 to 2019-06-21:


Marginal note:Oil handling facilities — requirements

  •  (1) The operator of an oil handling facility of a prescribed class 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(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 oil pollution prevention plan that meets the prescribed requirements to prevent a discharge of oil during the loading or unloading of a vessel;

    • (d) have on site an oil pollution emergency plan that meets the prescribed requirements to respond to a discharge of oil during the loading or unloading of a vessel; and

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

  • Marginal note:Certain provisions do not apply to prescribed classes

    (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of prescribed classes of oil handling facilities.

  • 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).


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