Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

This Web page has been archived on the Web.

Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 222001, c. 26Canada Shipping Act, 2001 (continued)

Amendments to the Act (continued)

705 The Act is amended by adding the following after section 181:

Marginal note:Immunity — civil liability

181.1 The following persons are not civilly liable for anything they do or omit to do in good faith under this Part:

706 The definition oil pollution incident in section 185 of the Act is replaced by the following:

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)

707 Paragraph 190(1)(m) of the English version of the Act is replaced by the following:

  • (m) respecting the inspection and testing of vessels, or classes of vessels, and their machinery, equipment and supplies.

708 Section 243 of the Act is replaced by the following:

Marginal note:When compliance agreement in effect

243 If a violation arising out of the contravention of any provision of Part 4, 8 or 9 or the regulations made under those Parts is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with that provision will be carried out by the authorized representative or a person or an organization acting on their behalf, the penalty or range of penalties fixed under paragraph 244(h) in respect of the violation is doubled.

709 Paragraph 244(h) of the Act is replaced by the following:

  • (h) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $250,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;

710 Section 268.1 of the Act is replaced by the following:

Marginal note:Crown not relieved

268.1 Subsections 11(5) and 12(5), section 45, subsection 154(3), paragraph 181.1(a) and subsection 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.

Transitional Provision

Marginal note:Deemed violation

  • 711 (1) A contravention of subsection 10.1(4) of the Canada Shipping Act, 2001 (in this section referred to as “the Act”), as enacted by section 690 of this Act, is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act.

  • Marginal note:Range of penalties

    (2) The range of penalties in respect of a violation referred to in subsection (1) is $250 to $250,000.

  • Marginal note:Continued violation

    (3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.

  • Marginal note:Repeal

    (4) This section is repealed on the day on which a regulation under section 244 of the Act that designates a contravention of subsection 10.1(4) of the Act, as enacted by section 690 of this Act, as a violation for the purposes of section 228 of the Act comes into force.

Coordinating Amendments

Marginal note:Bill C-64

  • 712 (1) Subsections (2) to (4) apply if Bill C-64, introduced in the 1st session of the 42nd Parliament and entitled the Wrecked, Abandoned or Hazardous Vessels Act (in this section referred to as the “other Act”), receives royal assent.

  • (2) If section 55 of the other Act comes into force before section 697 of this Act, then that section 697 is repealed.

  • (3) If section 55 of the other Act comes into force on the same day as section 697 of this Act, then that section 55 is deemed to have come into force before that section 697 and subsection (2) applies as a consequence.

  • (4) On the first day on which both section 710 of this Act and section 150 of the other Act are in force, section 268.1 of the Canada Shipping Act, 2001 is replaced by the following:

    Marginal note:Crown not relieved

    268.1 Subsections 11(5) and 12(5), section 45, paragraph 181.1(a) and subsection 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.

DIVISION 232001, c. 6Marine Liability Act

Amendments to the Act

713 Section 51 of the Act is renumbered as subsection 51(1) and is amended by adding the following:

  • Marginal note:Liability — grave and imminent threat of pollution damage

    (2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.

714 Section 71 of the Act is renumbered as subsection 71(1) and is amended by adding the following:

  • Marginal note:Liability — grave and imminent threat of pollution damage

    (2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.

  • 715 (1) The portion of paragraph 77(1)(c) of the Act before subparagraph (i) is replaced by the following:

    • (c) in relation to pollutants, for the costs and expenses incurred by

  • (2) Section 77 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Liability — grave and imminent threat of pollution damage

      (1.1) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(c), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.

    • Marginal note:Words and expressions defined

      (1.2) For the purposes of subsection (1.1), words and expressions used in that subsection have the same meaning as in the Civil Liability Convention, as defined in subsection 47(1).

716 Subsection 91(1) of the Act is amended by adding the following in alphabetical order:

receiver

receiver means a receiver as defined in paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention. (réceptionnaire)

significant incident

significant incident means a discharge of oil that, due to its severity, size or location and to its impact — actual or potential — on the environment, requires extraordinary resources to respond to it. (événement significatif)

  • 717 (1) Paragraph 92(2)(a) of the Act is replaced by the following:

    • (a) all payments received under sections 114.1 and 114.2 and amounts recovered under section 115;

  • (2) Subsection 92(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:

    • (b.1) the amount of every sum credited to that Fund under section 93.1 or subsection 111(1) or 111.1(1), (2) or (3);

    • (c) any amounts recovered by the Administrator under paragraph 106(3)(c) or 106.3(5)(b);

    • (d) any amounts received by the Administrator further to the notice given under subsection 106.4(3) or paragraph 106.6(1)(b) or recovered under section 106.7; and

    • (e) interest computed in accordance with section 111.2.

  • (3) Paragraphs 92(3)(a) and (b) of the Act are replaced by the following:

    • (a) an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 93.1;

    • (a.1) all amounts that are directed to be paid under paragraph 106(3)(a), subsection 106.3(4), paragraph 108(1)(a), subsection 108(6) or section 117 or under a settlement;

    • (a.2) all amounts that are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2);

    • (b) all amounts for which the Administrator is liable under subsection 117.2(4);

  • (4) Paragraph 92(3)(d) of the Act is replaced by the following:

    • (d) every amount paid out of the Consolidated Revenue Fund under subsection 98(1.2);

  • (5) Paragraph 92(3)(f) of the English version of the Act is replaced by the following:

    • (f) the amount of any judgment and any costs awarded against the Ship-source Oil Pollution Fund in litigation.

Table of Contents

 

Date modified: