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2nd Session, 36th Parliament,
48 Elizabeth II, 1999
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The House of Commons of Canada
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BILL C-389
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An Act to amend the Canada Shipping Act
(discharge of ballast water)
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| R.S., c. S-9;
R.S., cc. 27,
31 (1st
Supp.), cc. 1,
27 (2nd
Supp.), c. 6
(3rd Supp.), c.
40 (4th
Supp.); 1989,
cc. 3, 17;
1990, cc. 16,
17, 44; 1991,
c. 24; 1992,
cc. 1, 27, 31,
51; 1993, c.
36; 1994, cc.
24, 41; 1995,
cc. 1, 5; 1996,
cc. 21, 31;
1997, c. 1;
1998, cc. 6,
10, 16, 30;
1999, cc. 19,
28, 31
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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1. The definition ``pollutant'' in section
654 of the Canada Shipping Act is amended
by replacing the portion after paragraph
(b) with the following:
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and, without limiting the generality of the
foregoing, includes crude oil, fuel oil,
heavy diesel oil, lubricating oil, any other
persistent oil, ballast water that has not been
exchanged in accordance with the
regulations under this Part , and any
substance or any substance of a class of
substances that is prescribed for the
purposes of this Part to be a pollutant;
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2. Section 657.1 of the Act is replaced, by
the following:
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| Regulations
regarding
ballast water
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657.1 The Governor in Council may make
regulations respecting the control and
management of ballast water, including, but
not limited to regulations
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(a) providing that before entering waters to
which this Part applies every ship shall
completely exchange its ballast water with
fresh sea water at a point at sea beyond a
prescribed distance from the coast of
Canada or the coast of another country;
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(b) providing exceptions to the application
of regulations made pursuant to paragraph
(a) in cases where a pollution prevention
officer is satisfied that there is no risk of
pollution of, or of the introduction of living
organisms that do not naturally occur into,
waters to which this Part applies, taking into
account
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(i) where the ship has been since it last
partially or completely exchanged its
ballast water,
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(ii) where it last partially or completely
exchanged its ballast water,
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(iii) when it last partially or completely
exchanged its ballast water, and
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(iv) the results of the analysis of any
samples of ballast water provided to him;
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(c) providing that a ship that does not have
its ballast water properly secured from
escape or accidental release may be refused
entry into or refused permission to remain
in the said waters;
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(d) providing that a ship may not discharge
or exchange ballast water within the said
waters without the prior permission of a
pollution prevention officer;
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(e) providing that information relating to a
ship's ballast water may, in the discretion of
a pollution prevention officer be
transmitted to the officer electronically or
by other indirect or facsimile means,
without prejudice to the officer's right to
subsequently demand to inspect the records
of the ship in person; and
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(f) defining ``ballast water'', ``record'' or
any other word or term not otherwise
defined, for the purposes of this section.
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3. The portion of subsection 662(1) of the
Act after subparagraph (a)(ii) is replaced
by the following:
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to provide the officer with reasonable
information concerning the condition of the
ship, its ballast water , its equipment, radio
equipment or machinery, the nature and
quantity of its cargo and fuel and the
manner in which and the locations in which
the cargo and fuel of the ship are stowed and
any other reasonable information that the
officer considers appropriate for the
administration of this Part;
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