GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Shipping Act, 2001 — C-10.15 186.1
General duties 186.1 (1) The authorized representative of a Canadian vessel must (a) ensure that the vessel and its machinery and equipment meet the requirements of the regulations made under this Part; (b) develop procedures for preventing the discharge of a pollutant and for dealing with emergencies; (c) ensure that the crew receives training in emergency procedures; and (d) ensure that the crew and passengers receive training in environmental protection. Duties — Canadian maritime documents inspection (2) The authorized representative of a Canadian vessel must ensure that (a) the vessel and its machinery and equipment are inspected for the purpose of obtaining all of the Canadian maritime documents that are required under this Part; and (b) every term or condition attached to a Canadian maritime document issued in respect of the vessel or its machinery or equipment is met. 2023, c. 26, s. 400
Canada Shipping Act, 2001 — C-10.15 186.2
Masters obtaining Canadian maritime documents 186.2 The master of a Canadian vessel must, before the vessel embarks on a voyage from a port in Canada, ensure that all of the Canadian maritime documents required under this Part have been obtained. 2023, c. 26, s. 400
Canada Shipping Act, 2001 — C-10.15 186.3
Protection of marine environment 186.3 (1) The master of a vessel must take all reasonable measures to ensure the protection of the marine environment. Duty to take reasonable measures (2) If the master of a vessel is informed that the vessel may have discharged, has discharged, is discharging or may discharge a pollutant, the master must take reasonable measures to protect the marine environment from the discharge or risk of discharge, including eliminating the risk if feasible. The master of a Canadian vessel must notify the authorized representative of the discharge or risk, unless the risk has been eliminated. 2023, c. 26, s. 400
Canada Shipping Act, 2001 — C-10.15 187
Discharge of pollutant prohibited 187 No person or vessel shall discharge a prescribed pollutant, except in accordance with the regulations made under this Part or a permit granted under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999 .
Canada Shipping Act, 2001 — C-10.15 188
Implementation of oil pollution emergency plan 188 If a vessel is required by the regulations to have a shipboard oil pollution emergency plan, the vessel shall take reasonable measures to implement the plan in respect of an oil pollution incident.
Canada Shipping Act, 2001 — C-10.15 189
Powers in case of discharge 189 (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. 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
Canada Shipping Act, 2001 — C-10.15 190
Regulations 190 (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the protection of the marine environment, including regulations (a) prescribing pollutants for the purpose of section 187 and subsection 189(1) and respecting the circumstances in which such pollutants may be discharged; (b) respecting the circumstances in which persons on board vessels shall report discharges or anticipated discharges, the manner of making the reports and the persons to whom the reports shall be made; (c) respecting the carrying of pollutants on board a vessel, whether as cargo or fuel; (d) respecting the control and prevention of pollution of the air by vessels; (e) respecting reception facilities for oily residues, chemical residues, garbage and sewage; (f) respecting the control and management of ballast water; (g) for preventing or reducing the release by vessels into waters of aquatic organisms or pathogens that, if released into those waters, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters; (h) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels; (i) specifying the machinery, equipment and supplies that must be on board vessels or classes of vessels; (j) respecting the design, construction, manufacture, maintenance, storage, testing, arrangement and use of vessels’ or classes of vessels’ machinery, equipment and supplies; (k) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet; (l) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (k) are met; (m) respecting the inspection and testing of vessels, or classes of vessels, and their machinery, equipment and supplies; and (n) respecting shipboard hazardous and noxious substances pollution emergency plans. Application of regulations (2) Regulations made under subsection (1) apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources. 2001, c. 26, s. 190; 2018, c. 27, s. 707(E) 2023, c. 26, s. 403
Canada Shipping Act, 2001 — C-10.15 191
Contravention of Act or regulations 191 (1) Every person who, or vessel that, contravenes any of the following commits an offence: (a) paragraph 186.1(1)(a) (ensure vessel meets requirements); (a.1) paragraph 186.1(1)(b) (develop procedures); (a.2) paragraph 186.1(1)(c) (ensure emergency procedures training); (a.3) paragraph 186.1(1)(d) (ensure environmental protection training); (a.4) paragraph 186.1(2)(a) (ensure vessel inspected); (a.5) paragraph 186.1(2)(b) (ensure terms and conditions met); (a.6) section 186.2 (obtain Canadian maritime documents); (a.7) subsection 186.3(1) (protection of marine environment); (a.8) subsection 186.3(2) (take reasonable measures); (a.9) section 187 (discharge of a pollutant); (b) section 188 (implement shipboard oil pollution emergency plan); (c) a direction given under subparagraph 189(1)(d)(i) (direction to proceed to a place and unload a pollutant); (c.1) a direction given under subsection 189(2) (direction to authorize a vessel); and (d) a provision of the regulations made under this Part. Punishment (2) Every person 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 18 months, or to both. Continuing offence (3) If an offence under paragraph (1)(a) is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted for a separate offence for each day on which it is committed or continued. Factors to be considered (4) In determining the punishment under subsection (2), the court may have regard to the following factors: (a) the harm or risk of harm caused by the offence; (b) an estimate of the total costs of clean-up, of harm caused, and of the best available mitigation measures; (c) the remedial action taken, or proposed to be taken, by the offender to mitigate the harm; (d) whether the discharge or anticipated discharge was reported in accordance with the regulations made under paragraph 190(1)(b); (e) any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and (f) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or to minimize pollution. 2001, c. 26, s. 191 2023, c. 26, s. 404
Canada Shipping Act, 2001 — C-10.15 192
Contravention of directions 192 (1) Every vessel commits an offence that contravenes (a) a direction given under paragraph 189(1)(a) or (b) (direction to provide information); (a.1) a direction given under paragraph 189(1)(a.1) (direction to provide information — shipboard oil pollution emergency plan); (b) a direction given under paragraph 189(1)(c) (direction to proceed by a specified route); or (c) a direction given under subparagraph 189(1)(d)(ii) (direction to proceed to a place and remain there). Punishment (2) Every vessel that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000. 2001, c. 26, s. 192 2023, c. 26, s. 405
Canada Shipping Act, 2001 — C-10.15 193
Court orders 193 If an offender is convicted of an offence under this Part, in addition to imposing any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the offender from performing any act or engaging in any activity that may result in the continuation or repetition of the offence; (b) directing the offender to publish the facts relating to the conviction; (c) directing the offender to submit to the Minister, on application by the Minister made within three years after the date of the conviction, any information with respect to the offender’s activities that the court considers appropriate and just in the circumstances; (d) in the case of a discharge, directing the offender to pay an amount for the purpose of conducting research into the ecological use and disposal of the pollutant in respect of which the offence was committed; and (e) requiring the offender to comply with any other reasonable conditions that the court considers appropriate and just in the circumstances for securing the offender’s good conduct and preventing the offender from repeating the same offence or committing other offences.
Canada Shipping Act, 2001 — C-10.15 194
Definitions 194 The definitions in this section apply in this Part. enforcement officer means (a) a member of the Royal Canadian Mounted Police; (b) a member of any harbour or river police force; (c) a member of any provincial, county or municipal police force; and (d) any person, or member of a class of persons, designated under subsection 196(1). ( agent de l’autorité ) inspector means a pleasure craft safety inspector designated under subsection 195(1). ( inspecteur ) licence means a licence issued for a pleasure craft under this Part. ( permis ) Minister means the Minister of Transport. ( ministre ) 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. 194; 2005, c. 29, s. 31 2023, c. 26, s. 406
Canada Shipping Act, 2001 — C-10.15 (a)
enforcement officer means (a) a member of the Royal Canadian Mounted Police; (b) a member of any harbour or river police force; (c) a member of any provincial, county or municipal police force; and (d) any person, or member of a class of persons, designated under subsection 196(1). ( agent de l’autorité )
Canada Shipping Act, 2001 — C-10.15
inspector means a pleasure craft safety inspector designated under subsection 195(1). ( inspecteur )
Canada Shipping Act, 2001 — C-10.15
licence means a licence issued for a pleasure craft under this Part. ( permis )
Canada Shipping Act, 2001 — C-10.15 195
Designation 195 (1) The Minister may designate persons or classes of persons as pleasure craft safety inspectors. Certificate (2) The Minister must furnish every inspector with a certificate of designation as a pleasure craft safety inspector authorizing the inspector to carry out inspections under sections 196 and 198. Immunity (3) Inspectors are not personally liable for anything they do or omit to do in good faith under this Part.
Canada Shipping Act, 2001 — C-10.15 196
Designation 196 (1) The Minister may designate persons or classes of persons as enforcement officers. Inspections — general (2) An enforcement officer may inspect a pleasure craft or any of its machinery or equipment for the purpose of ensuring compliance with any provision of this Part, other than section 197, or the regulations made under this Part, other than the regulations made under paragraph 207(1)(f), (g), (i) or (j). Inspections — structural integrity (3) An inspector may inspect a pleasure craft or any of its machinery or equipment for structural integrity or compliance with the regulations made under any of paragraphs 207(1)(f) to (m). Powers (4) Enforcement officers acting under subsection (2) and inspectors acting under subsection (3) may (a) stop or board the craft at any reasonable time; (b) direct any person to put into operation or cease operating any machinery or equipment on the craft; (c) direct that the craft not be moved until the inspection is completed; (d) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that it does not meet the requirements of this Part or the regulations made under this Part or exposes any person to serious danger, and direct that it not be operated until it meets those requirements or no longer exposes any person to serious danger; and (e) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that the operator does not meet the requirements of the regulations made under this Part, and direct that the operator not operate it until the operator meets those requirements. Duty to assist (5) The owner or person in charge of a pleasure craft and every person on board shall (a) give an officer or inspector all reasonable assistance to enable them to carry out an inspection and exercise any power conferred by this section; and (b) produce to an officer or inspector any document, or provide them with any information, that the officer or inspector may reasonably require, for the administration of this Part or Part 5 (Navigation Services) or the regulations made under either of those Parts.
Canada Shipping Act, 2001 — C-10.15 197
Manufacturers and importers 197 (1) Every manufacturer, builder or importer of a pleasure craft shall ensure that it is constructed in accordance with the regulations. Vendors (2) No person shall, in the course of a commercial enterprise, sell a pleasure craft that does not display a plate or label if required to do so by the regulations made under paragraph 207(1)(h).
Canada Shipping Act, 2001 — C-10.15 198
Powers 198 (1) An inspector may, for the purpose of ensuring that a manufacturer, importer or vendor is in compliance with section 197, (a) enter any place, other than a dwelling-house, where the inspector has reasonable grounds to believe a pleasure craft is located; (b) examine anything that the inspector finds and take samples of it; (c) conduct any tests or analyses and take any measurements; (d) inspect any books, records, electronic data or other documents that the inspector believes may contain information that is relevant to the inspection; (e) use or cause to be used any computer system in the place where the inspection is being carried out to examine any data contained in or available to the computer system; (f) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output; (g) 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 (h) 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. Duty to assist (2) When an inspector carries out an inspection under subsection (1), the importer, manufacturer or vendor of the pleasure craft, or the owner or person in control of a place where the pleasure craft is located, shall (a) give the inspector all reasonable assistance to enable them to carry out the inspection and exercise any power conferred by this section; and (b) produce to the inspector any document, or provide them with any information, that the inspector may reasonably require for the administration of this Part or the regulations made under this Part. Return of documents and things (3) Documents or other things obtained or taken under paragraph (1)(g) 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. Disposition of samples (4) An inspector who takes a sample under paragraph (1)(b) may dispose of it in any manner that they consider appropriate.
Canada Shipping Act, 2001 — C-10.15 199
Operation prohibited 199 If an inspector considers that a pleasure craft does not meet the requirements of this Part or the regulations made under this Part, the inspector may direct any person not to operate it until it meets those requirements.
Canada Shipping Act, 2001 — C-10.15 200
Stopping and boarding vessels 200 An enforcement officer who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a pleasure craft or any person on board a vessel may stop and board the craft or vessel and take any reasonable action to ensure public safety or protect the public interest.
Canada Shipping Act, 2001 — C-10.15 201
Duty 201 Every operator of a pleasure craft shall ensure that it meets the requirements of the regulations made under this Part.
Canada Shipping Act, 2001 — C-10.15 202
Licensing of pleasure craft 202 (1) Subject to the regulations, if a pleasure craft is required by regulations made under this Part to be licensed, the owner of the craft must not operate it, or permit it to be operated, unless it is licensed. Transfer of licence (2) Subject to the regulations, when the ownership of a pleasure craft referred to in subsection (1) changes, the new owner must not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations. 2001, c. 26, s. 202 2023, c. 26, s. 407
Canada Shipping Act, 2001 — C-10.15 203
Application 203 (1) An application for a licence or for the transfer of a licence must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister. Issuance of licence (2) The Minister may issue or transfer a licence to an applicant if the Minister is satisfied that all the requirements under subsection (1) have been met.
Canada Shipping Act, 2001 — C-10.15 203.1
Refusal to issue or transfer licence 203.1 Despite any other provision of this Act, the Minister may refuse to issue — including by way of renewal — or transfer a licence for a pleasure craft or may refuse to issue a replacement licence if the applicant for, or holder of, the licence is in default of payment of a required fee, charge, cost or expense in respect of that pleasure craft under this Act or the Wrecked, Abandoned or Hazardous Vessels Act . 2023, c. 26, s. 408
Canada Shipping Act, 2001 — C-10.15 204
Licence number 204 No owner of a pleasure craft in respect of which a pleasure craft licence has been issued shall operate it or allow it to be operated unless the licence number is marked on the craft and maintained in the form and manner specified by the Minister.
Canada Shipping Act, 2001 — C-10.15 205
Defacing, etc., licence number 205 No person shall deface, alter, conceal or remove the licence number that is marked on a pleasure craft.
Canada Shipping Act, 2001 — C-10.15 206
Lost documents 206 If a pleasure craft licence is mislaid, lost or destroyed, the Minister, on application made by the holder of the licence in the form and manner and including the information and accompanied by the documents specified by the Minister, may issue a replacement licence.