GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 174.1
Designation of pollution response officer 174.1 (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. 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 (3) [Repealed, 2018, c. 27, s. 700] 2005, c. 29, s. 23; 2018, c. 27, s. 700
Canada Shipping Act, 2001 — C-10.15 176
Powers of pollution response officer 176 (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. 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). 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. 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. 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
Canada Shipping Act, 2001 — C-10.15 178
Interference with service 178 No person shall wilfully interfere with the service of a notice of a detention order.
Canada Shipping Act, 2001 — C-10.15 179
Direction to move a detained vessel 179 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
Canada Shipping Act, 2001 — C-10.15 180
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 (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. 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. 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. 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. 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). 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). 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. 2001, c. 26, s. 180; 2005, c. 29, s. 27; 2018, c. 27, s. 702 2023, c. 26, s. 394
Canada Shipping Act, 2001 — C-10.15 180.1
Entry on private property 180.1 (1) The Minister of Fisheries and Oceans or a pollution response officer may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, for the purposes of exercising their powers or performing their duties or functions under this Part. Accompanying persons (2) If the Minister of Fisheries and Oceans or a pollution response officer enters private property and passes through it, they may be accompanied by any person who they believe is necessary to help them in exercising their powers or performing their duties or functions under this Part. Use of property (3) If required, the Minister of Fisheries and Oceans or the pollution response officer may use property adjacent to or in the vicinity of a vessel, oil handling facility or hazardous and noxious substances handling facility — other than a dwelling-house — for the purposes of exercising their powers or performing their duties or functions under this Part, and any person accompanying that Minister or the pollution response officer may use such property to help that Minister or officer exercise their powers or perform their duties or functions under this Part. Compensation (4) Her Majesty in right of Canada may compensate the owner of the property referred to in subsection (3), or any person that has, either by law or by contract, the rights of the owner of that property in respect of its possession and use, for any loss or damage caused by the use of that property under subsection (3) that exceeds the value of the benefit derived by the owner or person from that use. 2018, c. 27, s. 703 2023, c. 26, s. 395
Canada Shipping Act, 2001 — C-10.15 180.2
Statutory Instruments Act 180.2 An order or direction given under this Part by the Minister of Fisheries and Oceans or a pollution response officer is not a statutory instrument as defined in the Statutory Instruments Act . 2018, c. 27, s. 703
Canada Shipping Act, 2001 — C-10.15 181
Immunity — taking or refraining from taking measures 181 (1) A person who, or vessel that, is directed to take or refrain from taking measures under paragraph 180(1)(c) is not personally liable, either civilly or criminally, for anything they do or omit to do in the course of complying with the direction, unless it is established that the act or omission was not reasonable in the circumstances. Immunity — providing assistance (1.1) A person who provides assistance or advice in taking or refraining from taking any measure under section 180 is not personally liable, either civilly or criminally, for anything that they do or omit to do in the course of providing the assistance or advice, unless it is established that the act or omission was not reasonable in the circumstances. Immunity — accompanying Minister or officer (1.2) A person who accompanies the Minister of Fisheries and Oceans or a pollution response officer under subsection 180.1(2) or (3) is not personally liable, either civilly or criminally, for anything that they do or omit to do in the exercise of their powers under that subsection in accompanying the Minister or officer, unless it is established that the act or omission was not reasonable in the circumstances. Civil or criminal liability (2) Response organizations, their agents or mandataries, and persons who have been designated in writing by the Minister as approved responders, are not personally liable, either civilly or criminally, in respect of any act or omission occurring or arising during the course of a response operation unless it is shown that the act or omission was committed with the intent to cause loss or damage, or recklessly and with the knowledge that loss or damage would probably result. Exception (3) Nothing in subsection (1) affects the liability of the owner of a vessel, or of the vessel, that had discharged, was discharging or may have discharged a pollutant in respect of (a) the occurrence that resulted in the taking of the measures referred to in subsection 180(1); and (b) any act or omission in the course of complying with a direction given under paragraph 180(1)(c). Definition of response operation (4) In this section, response operation means the activities undertaken following a discharge, or a grave and imminent threat of a discharge, from a vessel or an oil handling facility, including activities related to or connected with surveillance of and assessing areas of pollution, mobilizing and demobilizing response equipment and resources, protective booming, containment, recovery, dispersal or destruction of the pollutant, shoreline mitigation and restoration, transporting and disposing of recovered pollutant or waste materials and planning and supervising activities related to the response operation. 2001, c. 26, s. 181; 2014, c. 29, s. 68; 2018, c. 27, s. 704
Canada Shipping Act, 2001 — C-10.15 181.1
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: (a) a servant of the Crown , as those terms are defined in section 2 of the Crown Liability and Proceedings Act ; and (b) a pollution response officer. 2018, c. 27, s. 705
Canada Shipping Act, 2001 — C-10.15 182
Regulations 182 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations (a) respecting the circumstances in which operators of oil handling facilities shall report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports shall be made; (b) respecting the issuance, amendment, suspension, reinstatement, cancellation or renewal of certificates referred to in section 169; (c) respecting the purposes for which fees may be charged in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a) and the manner in which response organizations and persons who make an application under subsection 169(1) must calculate proposed fees before notifying the Minister of the fees under subsection 170(1); (d) respecting the establishment by response organizations of committees of persons who have arrangements with them and the provision to the committees of information regarding fees and proposed fees; (d.1) establishing classes of oil 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 of each class; (d.2) respecting oil pollution prevention plans and oil pollution emergency plans, including the time within which the plans shall be submitted to the Minister and the circumstances in which up-to-date plans shall be submitted to the Minister; (d.3) respecting the procedures, equipment and resources referred to in paragraph 168(1)(e) and section 168.3; (d.4) respecting the information and documents referred to in sections 167.1 and 167.3 and subsection 168.01(2), including the time within which the information and documents shall be submitted to the Minister; and (e) prescribing anything that by this Part is to be prescribed. Designation (2) Despite the regulations, the Minister may designate an oil 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 that is not part of a class established by the regulations to be part of one of those classes. Notification (3) The Minister shall notify the operator of an oil handling facility of any designation made in respect of it under subsection (2). 2001, c. 26, s. 182 2014, c. 29, s. 69
Canada Shipping Act, 2001 — C-10.15 183
Contravention of Act 183 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (a) paragraph 167(1)(a) (have an arrangement); (a.1) subsection 167.2(1) (submission of oil pollution prevention plan and oil pollution emergency plan); (a.2) subsection 167.2(3) (prohibition against beginning operations); (a.3) section 167.4 (submission of plans); (b) paragraph 168(1)(a) (have an arrangement); (b.1) paragraph 168(1)(c.1) (submission of up-to-date oil pollution prevention plan); (b.2) paragraph 168(1)(d.1) (submission of up-to-date oil pollution emergency plan); (c) paragraph 168(1)(e) (have procedures, equipment and resources available for immediate use); (d) paragraph 168(3)(a) (implement oil pollution prevention plan); (e) paragraph 168(3)(b) (implement oil pollution emergency plan); (e.01) subsection 168.01(3) (revise plans); (e.02) subsection 168.01(4) (prohibition against making changes); (e.1) a direction given under section 168.1 (to update or revise plans); (e.2) a direction given under paragraph 168.3(b) (to take measures); (f) paragraph 171(b) (have equipment and resources at the site); (g) paragraph 171(e) (implement response plan); (h) a direction given under paragraph 175.1(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of a pollutant); (i) subsection 177(7) (giving clearance to detained vessel); (j) subsection 177(8) (moving detained vessel); (k) section 178 (wilfully interfering with service of notice); or (l) a direction given under paragraph 180(1)(c) (to take measures or refrain from doing so). Punishment (2) Every person who, or vessel that, commits an offence under subsection (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 eighteen months, or to both. 2001, c. 26, s. 183; 2005, c. 29, s. 28; 2014, c. 29, s. 70
Canada Shipping Act, 2001 — C-10.15 184
Contravention of Act or regulations 184 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (a) paragraph 167(1)(b) (have a declaration on board); (a.1) section 167.1 (notification of proposed operations); (a.2) subsection 167.2(2) (submission of information or documents); (a.3) section 167.3 (notification of operations); (b) paragraph 168(1)(b) (have a declaration on site); (c) paragraph 168(1)(c) (have oil pollution prevention plan on site); (d) paragraph 168(1)(d) (have oil pollution emergency plan on site); (d.01) subsection 168.01(1) (notification of proposed change to operations); (d.02) subsection 168.01(2) (submission of information or documents); (d.1) a direction given under section 168.2 (to provide information); (e) paragraph 171(a) (have a response plan); (f) paragraph 171(c) (provide or arrange for training); (g) paragraph 171(d) (undertake and participate in activities to evaluate response plan); (h) paragraph 171(f) (provide information); (h.1) a direction given under section 171.1 (to provide documents); (i) a direction given under paragraph 175.1(1)(a) (to provide information officer considers appropriate); (j) a direction given under paragraph 175.1(1)(b) (to proceed by a route and not in excess of a speed); (k) a direction given under paragraph 175.1(1)(c) (to provide information relating to pollution plan); (l) a direction given under paragraph 175.1(1)(d) or (e) (to provide documents); (m) a direction given under paragraph 176(1)(b) (to provide reasonable assistance); (n) a direction given under paragraph 176(1)(c) or (d) (to provide information or to produce documents for inspection); and (o) a provision of the regulations made under this Part. Punishment (2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both. 2001, c. 26, s. 184; 2014, c. 29, s. 71
Canada Shipping Act, 2001 — C-10.15 185
Definitions 185 The definitions in this section apply in this Part. discharge means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. ( rejet ) 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 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 ) Minister means the Minister of Transport. ( ministre ) 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 ) 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 ) 2001, c. 26, s. 185; 2005, c. 29, s. 29; 2018, c. 27, s. 706 2023, c. 26, s. 399
Canada Shipping Act, 2001 — C-10.15
discharge means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping. ( rejet )
Canada Shipping Act, 2001 — C-10.15
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 )
Canada Shipping Act, 2001 — C-10.15 (a)
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 )
Canada Shipping Act, 2001 — C-10.15 186
Application 186 (1) Subject to subsection (2), this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada. Exclusion (2) This Part does not apply in respect of a discharge of oil or gas from a vessel that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act , in so far as the discharge emanates from those activities. Definition of oil and gas (3) In subsection (2), oil and gas have the same meaning as in section 2 of the Canada Oil and Gas Operations Act .