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

Act current to 2024-02-06 and last amended on 2023-06-22. Previous Versions

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

Response Organizations (continued)

Marginal note:Provide documents

 A marine safety inspector may direct a response organization to provide the inspector with any document that the organization is required to have under this Part.

  • 2014, c. 29, s. 64

Advisory Councils

Marginal note:Advisory councils

  •  (1) The Minister may establish an advisory council in respect of any geographic area for the purpose of advising the Minister with respect to this Part.

  • Marginal note:Members

    (2) Each advisory council is to be composed of no more than seven members who are appointed to the council by the Minister and who, in the Minister’s opinion, can represent the communities and interests potentially affected by an oil spill in that area.

  • Marginal note:Term

    (3) Each member of an advisory council is to be appointed for a term of not more than three years and is eligible for reappointment.

  • Marginal note:President

    (4) An advisory council must elect one of its members to be its president.

  • Marginal note:Honoraria and expenses

    (5) The members of an advisory council may be paid the honoraria that the Minister considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the council while absent from their ordinary place of residence.

  • Marginal note:Recommendations

    (6) An advisory council is to advise and may make recommendations to the Minister.

  • Marginal note:Meetings in public

    (7) Advisory council meetings must be open to the public unless the council is satisfied that a public meeting would not be in the public interest, in which case the meeting or any part of it may be held in private.

Report to Parliament

Marginal note:Review and report by Minister

 Every five years, the Minister must review the operation of sections 167 to 172 and have laid before each House of Parliament a report setting out the results of the review.

Pollution Response Officers

 [Repealed, 2014, c. 29, s. 65]

Marginal note:Designation of pollution response officer

  •  (1) The Minister of Fisheries and Oceans may designate any persons or classes of persons as pollution response officers in respect of discharges or threats of discharges and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part.

  • Marginal note:Certificate of designation

    (2) The Minister of Fisheries and Oceans must furnish every pollution response officer with a certificate of designation and, if the officer’s powers are limited under subsection (1), the certificate must specify the powers that the officer may exercise.

  • (3) [Repealed, 2018, c. 27, s. 700]

  • 2005, c. 29, s. 23
  • 2018, c. 27, s. 700

 [Repealed, 2014, c. 29, s. 66]

Marginal note:Powers of pollution response officers — general

  •  (1) A pollution response officer may

    • (a) direct a vessel, if it is about to enter or is within waters in respect of which this Part applies, to provide him or her with any information that he or she considers appropriate for the administration of this Part;

    • (b) direct any vessel that is within or about to enter waters in respect of which this Part applies and that he or she believes on reasonable grounds to be carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify;

    • (c) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide information concerning it and its implementation;

    • (d) direct the operator of an oil handling facility to provide any document that the operator is required to have on site under this Part; and

    • (e) direct a response organization to provide any document that the organization is required to have under this Part.

  • Marginal note:Powers — discharge of pollutant

    (2) If the pollution response officer believes on reasonable grounds that a vessel has discharged, is discharging or may discharge a pollutant, he or she may

    • (a) direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify;

    • (b) go on board and take samples of any substance that he or she believes to be the pollutant;

    • (c) if the vessel is within or about to enter waters in respect of which this Part applies, direct the vessel to

      • (i) proceed to the place within waters in respect of which this Part applies that he or she may specify, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,

      • (ii) proceed out of waters in respect of which this Part applies, by the route and in the manner that he or she may specify, or

      • (iii) remain outside waters in respect of which this Part applies; and

    • (d) if he or she is informed that a substantial quantity of a pollutant has entered or been discharged in waters in respect of which this Part applies, or if on reasonable grounds he or she is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and

      • (i) direct any vessel within that emergency zone to report its position to him or her,

      • (ii) direct any vessel not to enter or not to leave the emergency zone, and

      • (iii) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.

  • Marginal note:Disposition of samples

    (3) An officer who takes a sample under paragraph (2)(b) may dispose of it in any manner that he or she considers appropriate or may submit it for analysis or examination to a person designated by the Minister.

  • Marginal note:Certificate or report

    (4) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

  • Marginal note:Certificate

    (5) Subject to subsections (6) and (7), the certificate or report is admissible in evidence in any proceeding related to an offence under this Part and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

  • Marginal note:Attendance of person

    (6) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

  • Marginal note:Notice

    (7) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

  • 2005, c. 29, s. 23
  • 2018, c. 27, s. 701

Marginal note:Powers of pollution response officer

  •  (1) For the purpose of exercising his or her powers under this Part, a pollution response officer may

    • (a) board any vessel or enter any premises or other place at any reasonable time;

    • (b) direct any person to provide reasonable assistance or put into operation or cease operating any machinery or equipment;

    • (c) direct any person to provide any information that the officer may reasonably require in the administration of this Part;

    • (d) direct any person to produce for inspection, or for the purpose of making copies or taking extracts, any log book or other document;

    • (e) take photographs and make video recordings and sketches;

    • (f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

    • (g) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

    • (h) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

    • (i) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

  • Marginal note:Limitation

    (2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (3).

  • Marginal note:Authority to issue warrant

    (3) On ex parte application, a justice of the peace may issue a warrant authorizing a pollution response officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    • (a) is necessary for any purpose related to the carrying out of the officer’s powers under this Part; and

    • (b) has been refused or there are reasonable grounds for believing that it will be refused.

  • Marginal note:Use of force

    (4) No officer executing a warrant may use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

  • Marginal note:Return of documents and things

    (5) Documents or other things taken under paragraph (1)(h) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.

  • 2001, c. 26, s. 176
  • 2005, c. 29, s. 24
  • 2014, c. 29, s. 67

Detention of Vessels

Marginal note:Detention

  •  (1) If a pollution response officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, he or she may make a detention order in respect of the vessel.

  • Marginal note:Order to be in writing

    (2) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.

  • Marginal note:Detention order to be served on master

    (3) Notice of a detention order made under this section in respect of a vessel must be served on the master

    • (a) by delivering a copy of the notice personally to the master; or

    • (b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.

  • Marginal note:Contents of notice

    (4) The notice must

    • (a) indicate the measures to ensure compliance with this Part that must be taken for the detention order to be rescinded; and

    • (b) if an indictment has been preferred in respect of the offence, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister of Fisheries and Oceans for the detention order to be rescinded.

  • Marginal note:Foreign state to be notified

    (5) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.

  • Marginal note:Rescission of orders

    (6) A pollution response officer must

    • (a) rescind a detention order made under this section if he or she is satisfied that the measures indicated in the notice referred to in subsection (4) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister of Fisheries and Oceans; and

    • (b) notify, in the form and manner specified by the Minister of Fisheries and Oceans, the master and the persons referred to in subsection (2) of the rescission.

  • Marginal note:Duty of persons empowered to give clearance

    (7) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (6).

  • Marginal note:Movement of vessel prohibited

    (8) Subject to section 179, no person shall move a vessel that is subject to a detention order made under this section.

  • Marginal note:Liability for expenses

    (9) The authorized representative or, if there is no authorized representative, the owner of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.

  • Marginal note:Return of security

    (10) The Minister of Fisheries and Oceans, after proceedings in respect of which security was deposited are concluded,

    • (a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine has not been paid; and

    • (b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine imposed have been paid.

  • 2001, c. 26, s. 177
  • 2005, c. 29, s. 25

Marginal note:Interference with service

 No person shall wilfully interfere with the service of a notice of a detention order.

Marginal note:Direction to move a detained vessel

 The Minister of Fisheries and Oceans may

  • (a) on application made by the authorized representative or, if there is no authorized representative, the owner of a detained vessel, in the form and manner specified by the Minister of Fisheries and Oceans, permit the master to move it in accordance with the directions of the Minister of Fisheries and Oceans;

  • (b) on application made by the owner of a dock or wharf, or by the person in charge of a harbour, at which a detained vessel is situated, in the form and manner specified by the Minister of Fisheries and Oceans, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister of Fisheries and Oceans; and

  • (c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister of Fisheries and Oceans is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister of Fisheries and Oceans’ directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.

  • 2001, c. 26, s. 179
  • 2005, c. 29, s. 26

Response Measures

Marginal note:Minister of Fisheries and Oceans — measures

  •  (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

    • (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.

  • Marginal note:Clear title

    (2) When a vessel or its contents are disposed of under paragraph 180(1)(a), the Minister of Fisheries and Oceans may give the person acquiring them a valid title to the vessel or its contents free from any mortgage, hypothec, maritime lien or other interest or right that is in existence at the time of the disposition.

  • Marginal note:At risk and expense of owner

    (2.1) The disposition is at the risk, cost and expense of the owner of the vessel or its contents.

  • Marginal note:Payment of proceeds

    (2.2) When a vessel or its contents are disposed of under paragraph 180(1)(a), any surplus remaining from the proceeds of the disposition after deducting the costs and expenses incurred in respect of the disposition shall be paid to the Minister of Fisheries and Oceans, in respect of all costs and expenses incurred in taking any other measures under this Part, and to the holders, if known at the time of the disposition, of any mortgages, hypothecs, maritime liens or other interests or rights that are in existence at the time of the disposition, and any amount that remains after paying the Minister of Fisheries and Oceans and the holders shall be paid to the owner of the vessel or the contents.

  • Marginal note:Federal Court directions

    (2.3) The Minister of Fisheries and Oceans may apply to the Federal Court for directions as to the allocation of the surplus referred to in subsection (2.2).

  • 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).

  • Marginal note:Priority

    (4) A direction made by the Minister of Fisheries and Oceans under paragraph (1)(c) prevails over an order or direction made under any Act of Parliament, to the extent of any inconsistency.

 

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