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

Act current to 2020-05-17 and last amended on 2019-07-30. Previous Versions

PART 6Incidents, Accidents and Casualties (continued)

Regulations

Marginal note:Regulations — Minister

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations

    • (a) respecting the reporting of accidents or dangerous occurrences happening to or on board vessels, whether or not attended with loss of life;

    • (b) [Repealed, 2019, c. 1, s. 144]

    • (c) respecting the use of photographs, film, video recordings or electronic images of the human remains of victims of accidents involving a wrecked vessel or an aircraft wrecked in waters; and

    • (d) prescribing anything that may be prescribed under this Part.

  • (2) [Repealed, 2019, c. 1, s. 144]

  • 2001, c. 26, s. 150
  • 2005, c. 2, s. 8
  • 2019, c. 1, s. 144

Offences and Punishment

Marginal note:Contravention of paragraph 148(a) or the regulations

  •  (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).

  • Marginal note: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.

Marginal note:Contravention of Act or regulations

  •  (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).

  • Marginal note:Punishment

    (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $10,000.

  • 2001, c. 26, s. 152
  • 2019, c. 1, s. 145

PART 7[Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

 [Repealed, 2019, c. 1, s. 146]

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

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

discharge

discharge means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility 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)

Minister

Minister means the Minister of Transport. (ministre)

oil

oil means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products. (hydrocarbures)

oil pollution incident

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

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 and any substance or class of substances that is prescribed for the purpose of this Part to be a pollutant. (polluant)

pollution damage

pollution damage, in relation to a vessel or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility. (dommages dus à la pollution)

response organization

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

Application

Marginal note:Application

  •  (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 in Canada.

  • Marginal note: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.

Discharges of Oil

Marginal note:Vessels — requirements

  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note:Publication

    (4) Notice of every exemption must be published in the Canada Gazette.

  • 2001, c. 26, s. 167
  • 2005, c. 29, s. 22
 
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