C-3 1 38 53-54 Elizabeth II 2004-2005

An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act

Shipping, Marine Conservation Areas and Oceans

Shipping, Marine Conservation Areas and Oceans 2005 6 23 29 2005 90276

SUMMARY

This enactment transfers powers, duties and functions from the Minister of Fisheries and Oceans to the Minister of Transport.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. S-9

CANADA SHIPPING ACT

1996, c. 31, s. 95

The

definitions Department and Minister in

section 2 of the Canada Shipping Act are replaced by the following:

Department

ministère

Department means, except in

Part VII, the Department of Transport;

Minister

ministre

Minister means, except in

Part VII, the Minister of Transport;

1998, c. 16, s. 3

The heading before

section 7 of the French version of the Act is replaced by the following:

Responsabilité du ministre

1998, c. 16, s. 3

Section 7 of the Act is replaced by the following:

Role of Minister

Except as otherwise provided in this Act, the Minister is responsible for the administration of this Act.

Subsection 385(1) of the Act is replaced by the following:

Designation of rescue coordinators

(1) The Minister of Fisheries and Oceans may designate persons, to be known as rescue coordinators, to organize search and rescue operations in Canadian waters and on the high seas off the coasts of Canada.

1996, c.31, s. 96

Section 422 of the Act is replaced by the following:

Superintendence

The Minister has, throughout Canada, the general superintendence of all matters relating to salvage, wrecks and receivers of wrecks and, subject to the Canadian Transportation Accident Investigation and Safety Board Act , shipping casualties.

The Act is amended by adding the following before

section 517:

Definitions

516.1

The following

definitions apply in this Part.

Department

ministère

Department means the Department of Fisheries and Oceans.

Minister

ministre

Minister means the Minister of Fisheries and Oceans.

Sections 518 and 519 of the Act are replaced by the following:

Appointment of keepers, etc.

The Minister may appoint in the manner authorized by law any keepers, superintendents and other officers that are necessary for the purposes of this Part.

Regulations

The Governor in Council, on the recommendation of the Minister of Transport, may make regulations

(

a) respecting aids to navigation in Canadian waters; and

(

b) prescribing the fines for any contravention of any regulation made under this section, and those fines may not be more than $200.

Regulations

519.1

The Governor in Council, on the recommendation of the Minister, may make regulations

(

a) respecting the government of Sable Island and of St. Paul Island, the duties of the resident keepers on those islands, the administration of relief to shipwrecked persons and their removal, the preservation and removal of shipwrecked property, the prevention of persons not authorized by the Minister from taking up residence on those islands and the general management of those islands; and

(

b) prescribing the fines for any contravention of any regulation made under this section, and those fines may not be more than $200.

R.S., c. 6 (3rd Supp.), s. 78

The portion of

section 562.15 of the Act before paragraph (

a) is replaced by the following:

Clearance of ships to enter Canadian waters, etc.

562.15

The Governor in Council may, on the recommendation of the Minister, make regulations

R.S., c. 6 (3rd Supp.), s. 78

The portion of

section 562.16 of the Act before paragraph (

a) is replaced by the following:

Vessel Traffic Services Zones

562.16

The Governor in Council may, on the recommendation of the Minister, for the purpose of promoting safe and efficient navigation or environmental protection in Canadian waters or in any shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act , make regulations

1993, c. 36, s. 3

(1) The definition Commissioner in

section 654 of the Act is repealed.

1993, c. 36, s. 3

(2) The definition response organization in

section 654 of the Act is replaced by the following:

response organization

organisme d’intervention

response organization means any person or body in Canada in respect of which a certificate of designation is issued by the Minister under subsection 660.4(1);

1993, c. 36, s. 6

Section 660.1 of the Act is repealed.

1993, c. 36, s. 6

(1) Subsections 660.10(1) to (3) of the Act are replaced by the following:

Advisory councils

660.10

(1) The Minister shall establish one advisory council in respect of each geographic area: Pacific, Great Lakes and St. Lawrence River and Great Lakes Basin, Atlantic and Arctic.

Other advisory councils

(2) The Minister may establish other advisory councils if he or she considers them necessary.

Members

(3) Each advisory council is composed of no more than seven members who reside in the geographic area in respect of which the advisory council is established, who are appointed to the advisory council by the Minister and who, in the opinion of the Minister, represent the various interests likely to be involved in matters referred to in sections 660.2 to 660.9.

1993, c. 36, s. 6; 1996, c. 31, s. 102

(2) Subsections 660.10(6) and (7) of the Act are replaced by the following:

Remuneration

(6) Members of each advisory council shall be paid, in connection with their work for the advisory council, the remuneration that may be fixed by the Governor in Council.

Travel, living and other expenses

(6.1) Members of each advisory council are entitled to be reimbursed, in accordance with Treasury Board directives, the travel, living and other expenses incurred in connection with their work for the advisory council while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

Recommendations and response

(7) Each advisory council shall advise and may make recommendations to the Minister, and may report to any standing committee of either House of Parliament that normally considers matters relating to transportation or the environment, and shall receive a response to the report within 30 days or, if that House is not sitting, within 14 days after it resumes sitting.

1993, c. 36, s. 6

Paragraph 660.11(1)(

a) of the Act is replaced by the following:

(

a) review the operation of sections 660.2 to 660.10 and, in particular, the capability of the response organizations to meet the arrangements that ships and operators of oil handling facilities are required to have, as set out in paragraphs 660.2(2)(

b) and (4)( b ); and

1993, c. 36, s. 16

Subsection 678(1) of the Act is replaced by the following:

Minister may take necessary measures

(1) Where the Minister of Fisheries and Oceans believes on reasonable grounds that a ship has discharged, is discharging or is likely to discharge a pollutant, he or she may

(

a) take any measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the ship, including the removal or destruction of the ship and its contents, and may sell or otherwise dispose of the ship and its contents;

(

b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the ship; or

(

c) if he or she considers it necessary to do so, direct any person to take measures to repair, remedy, minimize or prevent pollution damage from the ship, or prohibit any person from taking those measures.

2001, c. 26

CANADA SHIPPING ACT, 2001

Section 4 of the Canada Shipping Act, 2001 is replaced by the following:

Regulations

The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under

section 2.

(1) Paragraphs 35(1)(

e) to (

g) of the Act are replaced by the following:

(

e) respecting record keeping, information management and reporting for the purposes of this Part or

Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);

(

f) respecting the form and manner of giving notice under this Part or

Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1); and

(

g) respecting the setting and payment of fees for services provided in the administration of this Part or

Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck) other than

section 163, 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1).

(2) Subsection 35(3) of the Act is replaced by the following:

Regulations — Minister of Fisheries and Oceans

(3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations

(

a) implementing, in whole or in part, an international convention, protocol or resolution that is listed in

Schedule 2, as amended from time to time, including regulations

(

i) implementing it in respect of persons or vessels to which it does not apply,

(ii)

establishing stricter standards than it sets out, or

(iii)

establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;

(

b) respecting record keeping, information management and reporting for the purposes of

Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;

(

c) respecting the form and manner of giving notice under

Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and

(

d) respecting the setting and payment of fees for services provided in the administration of

(

i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or

(ii)

regulations made under subsection 136(2).

The portion of

section 116 of the Act before paragraph (

a) is replaced by the following:

When boarding a vessel prohibited

Subject to sections 135 (stopping and boarding a vessel), 175.1 (powers of pollution response officers — general), 196 and 198 (pleasure craft inspections), 200 (stopping and boarding a vessel) and 211 (inspections) and to any other Act of Parliament, no person shall go or attempt to go on board a vessel or to leave or attempt to leave one

Section 136 of the Act is replaced by the following:

Regulations — Minister of Transport

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

(

a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act ;

(

b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;

(

c) respecting the conditions under which a clearance under

section 126 is to be granted;

(

d) defining the expression “about to enter” for the purpose of this Part;

(

e) respecting aids to navigation in Canadian waters;

(

f) regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment;

(

g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities;

(

h) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (

b) and (

e) to (

g) and specifying their powers and duties; and

(

i) prescribing anything that may be prescribed under this Part.

Regulations — Minister

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

(

a) respecting the administration and control of Sable Island;

(

b) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (

a) and specifying their powers and duties; and

(

c) respecting maritime search and rescue.

The definition Minister in

section 153 of the Act is replaced by the following:

Minister

ministre

Minister means the Minister of Transport.

The headings before

section 165 of the Act are replaced by the following:

PART 8

POLLUTION PREVENTION AND RESPONSE — DEPARTMENT OF TRANSPORT AND DEPARTMENT OF FISHERIES AND OCEANS

Interpretation

The definition Minister in

section 165 of the Act is replaced by the following:

Minister

ministre

Minister means the Minister of Transport.

The portion of paragraph 167(1)(

b) of the Act before subparagraph (

i) is replaced by the following:

(

b) have on board a declaration, in the form specified by the Minister, that

The heading before

section 174 and sections 174 and 175 of the Act are replaced by the following:

Pollution Prevention Officers and Pollution Response Officers

Designation of pollution prevention officers

(1) The Minister may designate any persons or classes of persons as pollution prevention officers in respect of oil handling facilities and response organizations 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 must furnish every pollution prevention 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.

Immunity

(3) Pollution prevention officers are not personally liable for anything they do or omit to do in good faith under this Part.

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.

Immunity

(3) Pollution response officers are not personally liable for anything they do or omit to do in good faith under this Part.

Powers of pollution prevention officers

A pollution prevention officer may

(

a) direct the operator of an oil handling facility to provide him or her with any document that the operator is required to have on site under this Part;

(

b) direct a response organization to provide him or her with any document that the organization is required to have under this Part;

(

c) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and

(

d) inspect a response organization’s facilities to determine whether the organization’s equipment and resources meet the requirements of this Part.

Powers of pollution response officers — general

175.1

(1) A pollution response officer may

(

a) direct a vessel, if it is about to enter or is within waters in respect of which this Part applies, to provide him or her with any information that he or she considers appropriate for the administration of this Part;

(

b) direct any vessel that is within or about to enter waters in respect of which this Part applies and that he or she believes on reasonable grounds to be carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she may specify;

(

c) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide information concerning it and its implementation;

(

d) direct the operator of an oil handling facility to provide any document that the operator is required to have on site under this Part; and

(

e) direct a response organization to provide any document that the organization is required to have under this Part.

Powers — discharge of pollutant

(2) If the pollution response officer believes on reasonable grounds that a vessel might discharge, or might have discharged, a pollutant, he or she may

(

a) 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 at a speed not in excess of the speed, that he or she may specify;

(

b) go on board and take samples of any substance that he or she believes to be the pollutant;

(

c) if the vessel is within or about to enter waters in respect of which this Part applies, direct the vessel to

(

i) proceed to the place within waters in respect of which this Part applies that he or she may specify, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,

(ii)

proceed out of waters in respect of which this Part applies, by the route and in the manner that he or she may specify, or

(iii)

remain outside waters in respect of which this Part applies; and

(

d) if he or she is informed that a substantial quantity of a pollutant has entered or been discharged in waters in respect of which this Part applies, or if on reasonable grounds he or she is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and

(

i) direct any vessel within that emergency zone to report its position to him or her,

(ii)

direct any vessel not to enter or not to leave the emergency zone, and

(iii)

direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.

Disposition of samples

(3) An officer who takes a sample under paragraph (2)(

b) may dispose of it in any manner that he or she considers appropriate or may submit it for analysis or examination to a person designated by the Minister.

Certificate or report

(4) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

Certificate

(5) Subject to subsections (6) and (7), the certificate or report is admissible in evidence in any proceeding related to an offence under this Part and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

Attendance of person

(6) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

Notice

(7) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.

(1) The portion of subsection 176(1) of the Act before paragraph (

a) is replaced by the following:

Assistance to officer

(1) For the purpose of exercising his or her powers under this Part, a pollution prevention officer or a pollution response officer may

(2) The portion of subsection 176(3) of the English version of the Act before paragraph (

a) is replaced by the following:

Authority to issue warrant

(3) On ex parte application, a justice, within the meaning of

section 2 of the Criminal Code , may issue a warrant authorizing a pollution prevention officer or 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

(1) Subsection 177(1) of the Act is replaced by the following:

Detention

(1) If a pollution response officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, he or she may make a detention order in respect of the vessel.

(2) Paragraph 177(4)(

b) of the Act is replaced by the following:

(

b) if an indictment has been preferred in respect of the offence, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister of Fisheries and Oceans for the detention order to be rescinded.

(3) Subsection 177(6) of the Act is replaced by the following:

Rescission of orders

(6) A pollution response officer must

(

a) rescind a detention order made under this

section if he or she is satisfied that the measures indicated in the notice referred to in subsection (4) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister of Fisheries and Oceans; and

(

b) notify, in the form and manner specified by the Minister of Fisheries and Oceans, the master and the persons referred to in subsection (2) of the rescission.

(4) The portion of subsection 177(10) of the Act before paragraph (

a) is replaced by the following:

Return of security

(10) The Minister of Fisheries and Oceans, after proceedings in respect of which security was deposited are concluded,

Section 179 of the Act is replaced by the following:

Direction to move a detained vessel

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.

Subsection 180(1) of the Act is replaced by the following:

Minister may take necessary measures

(1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant, he or she may

(

a) take the measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility, including, in the case of a vessel, the removal or destruction of the vessel and its contents, and may sell or otherwise dispose of the vessel and its contents;

(

b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility; or

(

c) if he or she 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.

Paragraph 183(1)(

h) of the Act is replaced by the following:

(

h) a direction given under paragraph 175.1(2)( a ), (

c) or ( d ) (direction resulting from a discharge or possible discharge of a pollutant);

The portion of the definition pollutant in

section 185 of the Act after paragraph (

b) is replaced by the following:

It includes oil 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.

Section 189 of the Act is amended by adding the following after paragraph ( a ):

( 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;

The definition Minister in

section 194 of the Act is replaced by the following:

Minister

ministre

Minister means the Minister of Transport.

The definition relevant provision in

section 210 of the Act is replaced by the following:

relevant provision

disposition visée

relevant provision means a provision of this Act or the regulations that the Minister is responsible for administering, other than

( a )

subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(

e) in relation to any of Parts 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft); and

(

b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft) or a provision of any regulation made under any of those Parts, except a provision of the regulations made under paragraph 136(1)(

f) in so far as it applies in respect of Canadian vessels or foreign vessels.

Subsection 252(1) of the Act is replaced by the following:

Proof of offence

(1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act, a pollution prevention officer or a pollution response officer, whether or not the person on board has been identified.

2002, c. 18

CANADA NATIONAL MARINE CONSERVATION AREAS ACT

Subsection 9(4) of the Canada National Marine Conservation Areas Act is replaced by the following:

Minister of Fisheries and Oceans

(4) Provisions of a management plan or an interim management plan respecting fishing, aquaculture and fisheries management are subject to an agreement between the Minister and the Minister of Fisheries and Oceans.

Minister of Transport and Minister of Fisheries and Oceans

(4.1) Provisions of a management plan or an interim management plan respecting marine navigation and marine safety are subject to an agreement between the Minister, the Minister of Transport and the Minister of Fisheries and Oceans.

Subsections 16(2) and (3) of the Act are replaced by the following:

Fisheries and aquaculture

(2) Regulations under this

section respecting fisheries management and conservation or restricting or prohibiting fishing or aquaculture may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans.

Marine matters

(3) Regulations under this

section restricting or prohibiting marine navigation or activities related to marine safety may be made only on the recommendation of the Minister and the Minister of Transport.

1996, c. 31

OCEANS ACT

Paragraphs 41(1)(

c) and (

d) of the Oceans Act are replaced by the following:

(

d) marine pollution response; and

COMING INTO FORCE

Order in council

The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.