GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 151
Contravention of paragraph 148(a) or the regulations 151 (1) Every person commits an offence who contravenes (a) paragraph 148(a) (render assistance after a collision); or (b) a provision of the regulations made under paragraph 150(1)(a). Punishment (2) Every person who 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 18 months, or to both.
Canada Shipping Act, 2001 — C-10.15 152
Contravention of Act or regulations 152 (1) Every person commits an offence who contravenes (a) paragraph 148(b) (failure to provide information after a collision); or (b) a provision of the regulations made under paragraph 150(1)(c). Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $25,000. 2001, c. 26, s. 152 2019, c. 1, s. 145 2023, c. 26, s. 382
Canada Shipping Act, 2001 — C-10.15 165
Definitions 165 The definitions in this section apply in this Part. discharge means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility or of a hazardous and noxious substance from a hazardous and noxious substances handling facility if the facility is engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, 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 means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. ( hydrocarbures ) 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 this Part to be a pollutant. ( polluant ) pollution damage in relation to a vessel, an oil handling facility or a hazardous and noxious substances facility, means loss or damage outside the vessel or facility caused by contamination resulting from a discharge from the vessel or facility. ( dommages dus à la pollution ) response organization means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1). ( organisme d’intervention ) 2001, c. 26, s. 165; 2005, c. 29, s. 21; 2018, c. 27, s. 698 2023, c. 26, s. 383
Canada Shipping Act, 2001 — C-10.15
discharge means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility or of a hazardous and noxious substance from a hazardous and noxious substances handling facility if the facility is engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, 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
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 )
Canada Shipping Act, 2001 — C-10.15
Minister means the Minister of Transport. ( ministre )
Canada Shipping Act, 2001 — C-10.15
oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. ( hydrocarbures )
Canada Shipping Act, 2001 — C-10.15
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 )
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 this Part to be a pollutant. ( polluant )
Canada Shipping Act, 2001 — C-10.15
pollution damage in relation to a vessel, an oil handling facility or a hazardous and noxious substances facility, means loss or damage outside the vessel or facility caused by contamination resulting from a discharge from the vessel or facility. ( dommages dus à la pollution )
Canada Shipping Act, 2001 — C-10.15
response organization means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1). ( organisme d’intervention )
Canada Shipping Act, 2001 — C-10.15 166
Application 166 (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities and hazardous and noxious substances handling facilities that are in Canada. Exclusion (2) This Part does not apply in respect of 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 . 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 . 2001, c. 26, s. 166 2023, c. 26, s. 384
Canada Shipping Act, 2001 — C-10.15 167
Vessels — requirements 167 (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. 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. 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. Publication (4) Notice of every exemption must be published in the Canada Gazette . 2001, c. 26, s. 167; 2005, c. 29, s. 22
Canada Shipping Act, 2001 — C-10.15 167.1
Notification of proposed operations 167.1 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. 2014, c. 29, s. 60
Canada Shipping Act, 2001 — C-10.15 167.2
Submission of plans 167.2 (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. 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. 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. 2014, c. 29, s. 60
Canada Shipping Act, 2001 — C-10.15 167.3
Notification of operations 167.3 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. 2014, c. 29, s. 60
Canada Shipping Act, 2001 — C-10.15 167.4
Submission of plans 167.4 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. 2014, c. 29, s. 60
Canada Shipping Act, 2001 — C-10.15 168
Oil handling facilities — requirements 168 (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] 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). 2001, c. 26, s. 168 2014, c. 29, s. 61 2023, c. 26, s. 389
Canada Shipping Act, 2001 — C-10.15 168.01
Notification of proposed change to operations 168.01 (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. 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. 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. 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. 2014, c. 29, s. 62
Canada Shipping Act, 2001 — C-10.15 168.1
Update or revise plans 168.1 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
Canada Shipping Act, 2001 — C-10.15 168.2
Provide information 168.2 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
Canada Shipping Act, 2001 — C-10.15 168.3
Minister may take measures 168.3 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
Canada Shipping Act, 2001 — C-10.15 169
Certificate of designation 169 (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. 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. 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. Period of validity (4) Every certificate is valid for the period specified by the Minister. 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. Suspension and cancellation (6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.
Canada Shipping Act, 2001 — C-10.15 170
Statement of fees 170 (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). 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. Charging fees (3) A response organization may not charge the fees before the expiry of 30 days after the notice is given. 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. 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 . 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. Notice of order (7) The response organization affected by the order must give notice of it in the prescribed manner.
Canada Shipping Act, 2001 — C-10.15 171
Prescribed procedures, equipment and resources 171 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).
Canada Shipping Act, 2001 — C-10.15 171.1
Provide documents 171.1 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
Canada Shipping Act, 2001 — C-10.15 172
Advisory councils 172 (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. 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. 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. President (4) An advisory council must elect one of its members to be its president. 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. Recommendations (6) An advisory council is to advise and may make recommendations to the Minister. 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.
Canada Shipping Act, 2001 — C-10.15 173
Review and report by Minister 173 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.