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Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Act current to 2024-05-28 and last amended on 2023-06-22. Previous Versions

PART 8Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans (continued)

Discharges of Oil

Marginal note:Vessels — requirements

  •  (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, 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.

  • 2001, c. 26, s. 167
  • 2005, c. 29, s. 22

Oil Handling Facilities

Marginal note:Notification of proposed operations

 Subject to the regulations, a person who proposes to operate an oil handling facility of a class established by the regulations shall, within the prescribed time, notify the Minister of the proposed operations relating to the loading or unloading of oil to or from vessels and shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

Marginal note:Submission of plans

  •  (1) Subject to the regulations, a person who proposes to operate an oil handling facility of a class established by the regulations shall, at least 90 days before the day on which the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels will begin — or within any other time specified by the Minister — submit to the Minister

    • (a) an 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; and

    • (b) an oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations.

  • Marginal note:Submission of information or documents

    (2) A person referred to in subsection (1) shall submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister.

  • Marginal note:Prohibition against beginning operations

    (3) A person referred to in subsection (1) shall not begin operations relating to the loading or unloading of oil to or from vessels unless the plans submitted under subsection (1) meet the requirements set out in the regulations.

Marginal note:Notification of operations

 Subject to the regulations, the operator of an oil handling facility of a class established by the regulations shall notify the Minister of the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels within 90 days after the day on which this section comes into force and shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

Marginal note:Submission of plans

 Subject to the regulations, unless the plans have already been submitted under subsection 167.2(1), the operator of an oil handling facility of a class established by the regulations shall submit to the Minister, within the time set out in the regulations, an oil pollution prevention plan to prevent a discharge of oil during the loading or unloading of a vessel and an oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel — which meet the requirements set out in the regulations — and shall submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister.

Marginal note:Oil handling facilities — requirements

  •  (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).

Marginal note:Notification of proposed change to operations

  •  (1) Subject to the regulations, an operator of an oil handling facility of a class established by the regulations that proposes to make a change, or permit a change to be made, to the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels shall — at least 180 days before the day on which it makes the change or permits the change to be made — notify the Minister of the change, including any of the following changes:

    • (a) a change in the oil handling facility’s transfer rate, if the change would result in the oil handling facility becoming part of a different class established by the regulations;

    • (b) a change in the design of the oil handling facility, or a change in the oil handling facility’s equipment; or

    • (c) a change in the type or composition of oil that is loaded or unloaded to or from vessels.

  • Marginal note:Submission of information or documents

    (2) The operator referred to in subsection (1) shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

  • Marginal note:Revise plans

    (3) The operator referred to in subsection (1) shall revise the oil pollution prevention plan and the oil pollution emergency plan and submit the revised plans to the Minister at least 90 days before making the change or permitting the change to be made, or within any other time specified by the Minister.

  • Marginal note:Prohibition against making changes

    (4) An operator shall not make a change referred to in subsection (1) or permit one to be made unless the plans submitted under subsection (3) meet the requirements set out in the regulations.

Marginal note:Update or revise plans

 Despite any other provision of this Part or the regulations, the Minister may direct the operator of an oil handling facility to update or revise an oil pollution prevention plan or an oil pollution emergency plan and to submit the up-to-date or revised plan to the Minister within the time specified by the Minister.

  • 2014, c. 29, s. 63

Marginal note:Provide information

 A marine safety inspector may direct any person to provide the inspector with any information that the inspector reasonably requires in the administration of this Part.

  • 2014, c. 29, s. 63

Marginal note:Minister may take measures

 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or may discharge oil, that the oil pollution prevention plan or the oil pollution emergency plan for an oil handling facility does not meet the requirements set out in the regulations or that the operator of an oil handling facility does not 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, the Minister may

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

  • (b) if he or she considers it necessary, direct the operator of the oil handling facility to take the measures that the Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the oil handling facility, including to stop loading or unloading oil to or from vessels.

  • 2014, c. 29, s. 63
  • 2018, c. 27, s. 699

Response Organizations

Marginal note:Certificate of designation

  •  (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.

  • Marginal note:Application

    (2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

  • Marginal note:Further evidence

    (3) In addition to the specified information and documents, the Minister may require that an applicant

    • (a) provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met; and

    • (b) undergo any examinations and have its installations undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met.

  • Marginal note:Period of validity

    (4) Every certificate is valid for the period specified by the Minister.

  • Marginal note:Refusal to issue or renew

    (5) The Minister may refuse to issue or renew a certificate if the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

  • Marginal note:Suspension and cancellation

    (6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.

Marginal note:Statement of fees

  •  (1) A response organization, or a qualified person who makes an application under subsection 169(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a).

  • Marginal note:Notice

    (2) A response organization, or a qualified person who makes an application under subsection 169(1), must give notice of the proposed fees in the prescribed manner.

  • Marginal note:Charging fees

    (3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.

  • Marginal note:Fee review

    (4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.

  • Marginal note:Assistance

    (5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Order to amend or eliminate fee

    (6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.

  • Marginal note:Notice of order

    (7) The response organization affected by the order must give notice of it in the prescribed manner.

Marginal note:Prescribed procedures, equipment and resources

 Every response organization shall

  • (a) have a response plan that meets the prescribed requirements;

  • (b) have the prescribed equipment and resources at the site set out in the response plan;

  • (c) provide or arrange for prescribed training to prescribed classes of persons;

  • (d) undertake and participate in prescribed activities to evaluate the response plan or its implementation;

  • (e) on the request of a vessel or the operator of an oil handling facility with which the response organization has an arrangement referred to in paragraph 167(1)(a) or 168(1)(a), as the case may be, implement a response consistent with the response plan; and

  • (f) on the request of the Minister or an advisory council established under section 172, provide information regarding any of the matters referred to in paragraphs (a) to (e).

 

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