Canada Shipping Act, 2001

Marginal note:Oil handling facilities — requirements

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• (2) [Repealed, 2014, c. 29, s. 61]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