Bill C-3

1st Session, 38th Parliament,

53 Elizabeth II, 2004

house of commons of canada

BILL C-3

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

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

CANADA SHIPPING ACT

1. The definitions “Department” and “Minister” in section 2 of the Canada Shipping Act are replaced by the following:

“Department” means, except in Part VII, the Department of Transport;

“Minister” means, except in Part VII, the Minister of Transport;

2. The heading before section 7 of the French version of the Act is replaced by the following:

3. Section 7 of the Act is replaced by the following:

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

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

385. (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.

5. Section 422 of the Act is replaced by the following:

422. 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.

6. The Act is amended by adding the following before section 517:

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

518. 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.

519. 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.

8. The portion of section 562.15 of the Act before paragraph (a) is replaced by the following:

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

9. The portion of section 562.16 of the Act before paragraph (a) is replaced by the following:

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

10. (1) The definition “Commissioner” in section 654 of the Act is repealed.

(2) The definition “response organization” in section 654 of the Act is replaced by the following:

“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);

11. Section 660.1 of the Act is repealed.

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

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.

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

(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.

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

(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.

(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.

13. 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

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

678. (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.

CANADA SHIPPING ACT, 2001

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

4. The Governor in Council may, on the recommendation of the Minister of Transport, make regulations prescribing anything that may be prescribed under section 2.

16. (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:

(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

17. The portion of section 116 of the Act before paragraph (a) is replaced by the following:

116. 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

18. Section 136 of the Act is replaced by the following:

136. (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;

(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.

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

19. The definition “Minister” in section 153 of the Act is replaced by the following:

“Minister” means the Minister of Transport.

20. 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

21. The definition “Minister” in section 165 of the Act is replaced by the following:

“Minister” means the Minister of Transport.

22. 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

23. 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

174. (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.

(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.

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

175. 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.

24. (1) The portion of subsection 176(1) of the Act before paragraph (a) is replaced by the following:

176. (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:

(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

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

177. (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:

(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:

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

26. Section 179 of the Act is replaced by the following:

179. 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.

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

180. (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.

28. 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);

29. 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.

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

31. The definition “Minister” in section 194 of the Act is replaced by the following:

“Minister” means the Minister of Transport.

32. The definition “relevant provision” in section 210 of the Act is replaced by the following:

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

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

252. (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.

CANADA NATIONAL MARINE CONSERVATION AREAS ACT

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

(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.

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

(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.

(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.

OCEANS ACT

36. Paragraphs 41(1)(c) and (d) of the Oceans Act are replaced by the following:

(d) marine pollution response; and

COMING INTO FORCE

37. 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.