Canada Shipping Act, 2001 (S.C. 2001, c. 26)
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Assented to 2001-11-01
Marginal note:Unpaid salvage, fees, expenses
161. If a person has established a claim to wreck, but has not paid or delivered the salvage award and has not paid the fees and expenses due within 30 days after notice is given by the receiver of wreck, the receiver may dispose of or destroy all or part of the wreck and, if it is disposed of, must pay, from the proceeds of the disposition, the expenses of the disposition and the salvage award, fees and expenses, and release any remaining wreck and pay any proceeds to that person.
Marginal note:Release of wreck
162. On disposal or release of wreck or payment of the proceeds of its disposition by a receiver of wreck under this Part, the receiver, and any person authorized or a member of a class of persons authorized under subsection 154(2), is discharged from all liability in respect of the wreck.
Regulations
Marginal note:Regulations — Minister
163. (1) The Governor in Council may, on the recommendation of the Minister, make regulations
(a) exempting any geographical area from the application of this Part; and
(b) for carrying out the purposes and provisions of this Part.
Marginal note:Regulations — Minister and Minister of Canadian Heritage
(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister of Canadian Heritage, make regulations
(a) specifying wreck or classes of wreck that have heritage value;
(b) respecting the protection and preservation of wreck or classes of wreck that have heritage value, and providing for issuing permits to access such wreck;
(c) authorizing the designation of enforcement officers to ensure compliance with the regulations made under this Part and specifying their powers and duties;
(d) authorizing the Minister and the Minister of Canadian Heritage to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;
(e) exempting wreck or any class of wreck that has heritage value from the application of any provision of this Part;
(f) exempting any geographical area from the application of regulations made under paragraph (b) or (c); and
(g) respecting the setting and payment of fees, and the determination and payment of expenses, for services provided in the administration of regulations made under this subsection.
Marginal note:Debt due to Her Majesty
(3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Offences and Punishment
Marginal note:Contravention of Act or regulations
164. (1) Every person commits an offence who contravenes
(a) paragraph 155(1)(a) (report wreck);
(b) paragraph 155(1)(b) (take directed measures regarding wreck);
(c) section 157 (possessing, concealing, destroying or disposing of wreck); or
(d) a provision of the regulations made under this Part.
Marginal note:Punishment
(2) Every person who 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.
Marginal note:Prosecutions
(3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.
PART 8POLLUTION PREVENTION AND RESPONSE — DEPARTMENT OF FISHERIES AND OCEANS
Interpretation
Marginal note:Definitions
165. The definitions in this section apply in this Part.
“discharge”
« rejet »
“discharge” means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility 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.
“Minister”
« ministre »
“Minister” means the Minister of Fisheries and Oceans.
“oil”
« hydrocarbures »
“oil” means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products.
“oil pollution incident”
« événement de pollution par les hydrocarbures »
“oil pollution incident” means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil.
“pollutant”
« polluant »
“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 this Part to be a pollutant.
“pollution damage”
« dommages dus à la pollution »
“pollution damage”, in relation to a vessel or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility.
“response organization”
« organisme d’intervention »
“response organization” means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1).
Application
Marginal note:Application
166. (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities in Canada.
Marginal note:Exclusion
(2) This Part does not apply in respect of 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.
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.
Discharges of Oil
Marginal note:Vessels — requirements
167. (1) Subject to subsection (2), every prescribed vessel or vessel of a prescribed class shall
(a) have an arrangement with a response organization in respect of a quantity of oil that is at least equal to the total amount of oil that the vessel carries, both as cargo and as fuel, to a prescribed maximum quantity, and in respect of waters where the vessel navigates or engages in a marine activity; and
(b) have on board a declaration, in the form specified by the Minister of Transport, that
(i) identifies the name and address of the vessel’s insurer or, in the case of a subscription policy, the name and address of the lead insurer who provides pollution insurance coverage in respect of the vessel,
(ii) confirms that the arrangement has been made, and
(iii) identifies every person who is authorized to implement the arrangement.
Marginal note:Certain provisions do not apply to certain vessels
(2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of a vessel that is in prescribed waters.
Marginal note:Exemption
(3) The Minister may exempt, subject to any conditions that the Minister considers appropriate, for a specified period any vessel, or class of vessels, that is en route through waters referred to in subsection 166(1), from the application of any provision of this Part if the Minister is of the opinion that the vessel or class of vessels is subject to a provision of the laws of another state that provides for standards that are equivalent to or stricter than the standards provided for in the provision of this Part.
Marginal note:Publication
(4) Notice of every exemption must be published in the Canada Gazette.
Marginal note:Oil handling facilities — requirements
168. (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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