Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)

392 Section 168.3 of the Act is replaced by the following:

393 Paragraphs 175.1(1)(c) and (d) of the Act are replaced by the following:

• 394 (1) The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Minister of Fisheries and Oceans — measures

  • 180 (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel, an oil handling facility or a hazardous and noxious substances handling facility has discharged, is discharging or may discharge a pollutant, that Minister may

• (2) Paragraphs 180(1)(a) to (c) of the English version of the Act are replaced by the following:

  • (a) take the measures that that Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or facility, including, in the case of a vessel, by removing — or by selling, dismantling, destroying or otherwise disposing of — the vessel or its contents;

  • (b) monitor the measures taken by any person or vessel to repair, remedy, minimize or prevent pollution damage from the vessel or facility; or

  • (c) if that Minister considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

• (3) Subsection 180(3) of the Act is replaced by the following:

  • Marginal note:Compensation

    (3) Compensation must be paid by His Majesty in right of Canada for the services of any person or vessel, other than the operator of a vessel, an oil handling facility or a hazardous and noxious substances handling facility that had discharged, was discharging or may have discharged a pollutant, that has complied with a direction issued under paragraph (1)(c).

395 Subsection 180.1(3) of the Act is replaced by the following:

• 396 (1) Paragraph 182(1)(a) of the Act is replaced by the following:

  • (a) respecting the circumstances in which operators of oil handling facilities or hazardous and noxious substances handling facilities must report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports must be made;

• (2) Paragraphs 182(1)(d.1) and (d.2) of the Act are replaced by the following:

  • (d.1) establishing classes of oil handling facilities or hazardous and noxious substances handling facilities and determining which of the requirements set out in sections 167.1 to 168.01 apply to the operators of, or to persons who propose to operate, oil handling facilities or hazardous and noxious substances handling facilities of each class;

  • (d.2) respecting oil pollution prevention plans, oil pollution emergency plans, hazardous and noxious substances pollution prevention plans and hazardous and noxious substances pollution emergency plans, including the time within which the plans must be submitted to the Minister and the circumstances in which up-to-date plans must be submitted to the Minister;

• (3) Paragraph 182(1)(d.4) of the Act is replaced by the following:

  • (d.4) respecting the information and documents referred to in sections 167.1, 167.3 and 167.31 and subsection 168.01(2), including the time within which the information and documents must be submitted to the Minister;

  • (d.5) respecting the inclusion of the hazardous and noxious substances pollution emergency plan of a facility that is both an oil handling facility and a hazardous and noxious substances handling facility within any other plan required under this Act; and

• (4) Subsection 182(2) of the Act is replaced by the following:

  • Marginal note:Designation

    (2) Despite the regulations, the Minister may designate an oil handling facility or a hazardous and noxious substances handling facility that is part of a class established by the regulations to be part of a different class established by the regulations or an oil handling facility or a hazardous and noxious substances handling facility that is not part of a class established by the regulations to be part of one of those classes.

• (5) Subsection 182(3) of the English version of the Act is replaced by the following:

  • Marginal note:Notification

    (3) The Minister must notify the operator of a facility of any designation made in respect of it under subsection (2).

• 397 (1) Paragraph 183(1)(a.1) of the English version of the Act is replaced by the following:

  • (a.1) subsection 167.2(1) (submission of prevention plan and emergency plan);

• (2) Subsection 183(1) of the Act is amended by adding the following after paragraph (c):

  • (c.1) paragraph 168(2)(c) (submission of up-to-date date hazardous and noxious substances pollution prevention plan);

  • (c.2) paragraph 168(2)(e) (submission of up-to-date date hazardous and noxious substances pollution emergency plan);

  • (c.3) paragraph 168(2)(f) (have procedures, equipment and resources available for immediate use — hazardous and noxious substances);

• (3) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):

  • (e.001) paragraph 168(4)(a) (implement hazardous and noxious substances pollution prevention plan);

  • (e.002) paragraph 168(4)(b) (implement hazardous and noxious substances pollution emergency plan);

• (4) Subsection 183(2) of the Act is replaced by the following:

  • Marginal note:Contravention of regulations under paragraph 182(1)(a)

    (1.1) Every operator of an oil handling facility or hazardous and noxious substances handling facility who contravenes a provision of the regulations made under paragraph 182(1)(a) commits an offence.

  • Marginal note:Punishment

    (2) Every person who, or vessel that, commits an offence under subsection (1) or (1.1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.

• 398 (1) Subsection 184(1) of the Act is amended by adding the following after paragraph (a.3):

  • (a.4) section 167.31 (notification — hazardous and noxious substances handling facilities);

• (2) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):

  • (d.001) paragraph 168(2)(a) (have a declaration on site — hazardous and noxious substances);

  • (d.002) paragraph 168(2)(b) (have on site an up-to-date hazardous and noxious substances pollution prevention plan);

  • (d.003) paragraph 168(2)(d) (have on site an up-to-date hazardous and noxious substances pollution emergency plan);

• (3) Paragraph 184(1)(o) of the Act is replaced by the following:

  • (o) a provision of the regulations made under this Part other than a regulation made under paragraph 182(1)(a).

• 399 (1) The definition pollutant in section 185 of the Act is replaced by the following :

  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 Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant. (polluant)

• (2) Section 185 of the Act is amended by adding the following in alphabetical order:

  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)

400 The Act is amended by adding the following after section 186: