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Canada Shipping Act, 2001

Version of section 189 from 2023-06-22 to 2024-05-01:


Marginal note:Powers in case of discharge

  •  (1) If the Minister believes on reasonable grounds that a vessel may discharge, or may have discharged, a prescribed pollutant, the Minister may

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

    • (a.1) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;

    • (b) direct a vessel that is required to have on board a declaration described in paragraph 167(1)(b) to provide information concerning it;

    • (c) 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 in the manner that the Minister may specify; and

    • (d) direct the vessel to proceed to the place that the Minister may select, by the route and in the manner that the Minister may specify, and to

      • (i) unload the pollutant, or

      • (ii) moor, anchor or remain there for any reasonable period that the Minister may specify.

  • Marginal note:Direction to authorize vessel

    (2) The Minister may direct a port authority or a person in charge of a port authority or place to authorize a vessel in respect of which a direction has been made under paragraph (1)(d) to proceed to the place selected by the Minister and to

    • (a) unload the pollutant; or

    • (b) moor, anchor or remain there for any reasonable period that the Minister may specify.

  • 2001, c. 26, s. 189
  • 2005, c. 29, s. 30
  • 2023, c. 26, s. 402

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