Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 21Oceans Protection Plan (continued)
SUBDIVISION B2001, c. 26Canada Shipping Act, 2001 (continued)
393 Paragraphs 175.1(1)(c) and (d) of the Act are replaced by the following:
(c) direct a vessel that is required to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan under the regulations to provide information concerning it and its implementation;
(d) direct the operator of an oil handling facility or a hazardous and noxious substances handling facility to provide any document that the operator is required to have on site under this Part; and
394 (1) The portion of subsection 180(1) of the Act before paragraph (a) is replaced by the following:
Marginal note: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
(2) Paragraphs 180(1)(a) to (c) of the English version of the Act are replaced by the following:
(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.
(3) Subsection 180(3) of the Act is replaced by the following:
Marginal note: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).
395 Subsection 180.1(3) of the Act is replaced by the following:
Marginal note: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.
396 (1) Paragraph 182(1)(a) of the Act is replaced by the following:
(a) respecting the circumstances in which operators of oil handling facilities or hazardous and noxious substances handling facilities must report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports must be made;
(2) Paragraphs 182(1)(d.1) and (d.2) of the Act are replaced by the following:
(d.1) establishing classes of oil handling facilities or hazardous and noxious substances 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 or hazardous and noxious substances handling facilities of each class;
(d.2) respecting oil pollution prevention plans, oil pollution emergency plans, hazardous and noxious substances pollution prevention plans and hazardous and noxious substances pollution emergency plans, including the time within which the plans must be submitted to the Minister and the circumstances in which up-to-date plans must be submitted to the Minister;
(3) Paragraph 182(1)(d.4) of the Act is replaced by the following:
(d.4) respecting the information and documents referred to in sections 167.1, 167.3 and 167.31 and subsection 168.01(2), including the time within which the information and documents must be submitted to the Minister;
(d.5) respecting the inclusion of the hazardous and noxious substances pollution emergency plan of a facility that is both an oil handling facility and a hazardous and noxious substances handling facility within any other plan required under this Act; and
(4) Subsection 182(2) of the Act is replaced by the following:
Marginal note:Designation
(2) Despite the regulations, the Minister may designate an oil handling facility or a hazardous and noxious substances 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 or a hazardous and noxious substances handling facility that is not part of a class established by the regulations to be part of one of those classes.
(5) Subsection 182(3) of the English version of the Act is replaced by the following:
Marginal note:Notification
(3) The Minister must notify the operator of a facility of any designation made in respect of it under subsection (2).
397 (1) Paragraph 183(1)(a.1) of the English version of the Act is replaced by the following:
(a.1) subsection 167.2(1) (submission of prevention plan and emergency plan);
(2) Subsection 183(1) of the Act is amended by adding the following after paragraph (c):
(c.1) paragraph 168(2)(c) (submission of up-to-date date hazardous and noxious substances pollution prevention plan);
(c.2) paragraph 168(2)(e) (submission of up-to-date date hazardous and noxious substances pollution emergency plan);
(c.3) paragraph 168(2)(f) (have procedures, equipment and resources available for immediate use — hazardous and noxious substances);
(3) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):
(e.001) paragraph 168(4)(a) (implement hazardous and noxious substances pollution prevention plan);
(e.002) paragraph 168(4)(b) (implement hazardous and noxious substances pollution emergency plan);
(4) Subsection 183(2) of the Act is replaced by the following:
Marginal note:Contravention of regulations under paragraph 182(1)(a)
(1.1) Every operator of an oil handling facility or hazardous and noxious substances handling facility who contravenes a provision of the regulations made under paragraph 182(1)(a) commits an offence.
Marginal note:Punishment
(2) Every person who, or vessel that, commits an offence under subsection (1) or (1.1) 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.
398 (1) Subsection 184(1) of the Act is amended by adding the following after paragraph (a.3):
(a.4) section 167.31 (notification — hazardous and noxious substances handling facilities);
(2) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):
(d.001) paragraph 168(2)(a) (have a declaration on site — hazardous and noxious substances);
(d.002) paragraph 168(2)(b) (have on site an up-to-date hazardous and noxious substances pollution prevention plan);
(d.003) paragraph 168(2)(d) (have on site an up-to-date hazardous and noxious substances pollution emergency plan);
(3) Paragraph 184(1)(o) of the Act is replaced by the following:
(o) a provision of the regulations made under this Part other than a regulation made under paragraph 182(1)(a).
399 (1) The definition pollutant in section 185 of the Act is replaced by the following :
- 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, 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)
(2) Section 185 of the Act is amended by adding the following in alphabetical order:
- hazardous and noxious substance
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
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)
400 The Act is amended by adding the following after section 186:
Authorized Representatives
Marginal note: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.
Marginal note: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.
Masters
Marginal note: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.
Marginal note: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.
Marginal note: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.
401 Section 188 of the Act is replaced by the following:
Marginal note:Implementation of pollution emergency plan
188 (1) If a vessel is required by the regulations to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan, the vessel must take reasonable measures to implement the plan in respect of an oil pollution incident or hazardous and noxious substances pollution incident.
Marginal note:Notice to Minister
(2) If a vessel is required by the regulations to have a shipboard oil pollution emergency plan or shipboard hazardous and noxious substances pollution emergency plan, the owner or authorized representative of the vessel must notify the Minister, in the form and manner that the Minister specifies, of the identity of the person who, in accordance with the regulations, is responsible for implementing the vessel’s plan.
402 (1) Section 189 of the Act is renumbered as subsection 189(1).
(2) Subsection 189(1) of the Act is amended by adding the following after paragraph (a.1):
(a.2) direct a vessel that is required to have a shipboard hazardous and noxious substances pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;
(3) The portion of paragraph 189(1)(d) of the French version of the Act before subparagraph (i) is replaced by the following:
d) ordonner au bâtiment de se rendre, de la façon et par la route qu’il spécifie, au lieu qu’il précise et, selon le cas :
(4) Section 189 of the Act is amended by adding the following after subsection (1):
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.
403 (1) Paragraph 190(1)(a) of the Act is replaced by the following:
(a) prescribing pollutants for the purpose of section 187 and subsection 189(1) and respecting the circumstances in which such pollutants may be discharged;
(2) Subsection 190(1) of the Act is amended by striking out “and” at the end of paragraph (l), by adding “and” at the end of paragraph (m) and by adding the following after paragraph (m):
(n) respecting shipboard hazardous and noxious substances pollution emergency plans.
404 (1) Paragraph 191(1)(a) of the Act is replaced by the following:
(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);
(2) Paragraph 191(1)(b) of the Act is replaced by the following:
(b) subsection 188(1) (implement shipboard emergency plan);
(b.1) subsection 188(2) (notice to Minister — identity of qualified person);
(3) Paragraph 191(1)(c) of the Act is replaced by the following:
(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
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