Bill C-57

Levies to be Paid to the Ship-source Oil Pollution Fund, the International Fund, the Supplementary Fund and the HNS Fund

48. Subsection 112(1) of the Act is replaced by the following:

112. (1) In this section and sections 115 and 118, “oil” means “Contributing Oil” as defined in paragraph 3 of Article 1 of the Fund Convention if a levy is to be paid under that Convention or as defined in paragraph 7 of Article 1 of the Supplementary Fund Protocol if a levy is to be paid under that Protocol and it means the oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention.

49. (1) Subsection 116(1) of the Act is replaced by the following:

116. (1) Interest accrues on a claim under this Part against an owner of a ship, the owner’s guarantor, the Ship-source Oil Pollution Fund, the International Fund, the Supplementary Fund or the HNS Fund at the rate prescribed under the Income Tax Act for amounts payable by the Minister of National Revenue as refunds of overpayments of tax under that Act as are in effect from time to time.

(2) Paragraphs 116(2)(a) and (b) of the Act are replaced by the following:

(a) if the claim is based on paragraph 77(1)(a), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention, from the day on which the oil pollution damage occurs;

(b) if the claim is based on section 51, 71 or 74.24, paragraph 77(1)(b) or (c), Article III of the Civil Liability Convention, Article 3 of the Bunkers Convention or Article 7 of the Hazardous and Noxious Substances Convention as they pertain to preventive measures,

(i) in the case of costs and expenses, from the day on which they are incurred, or

(ii) in the case of loss or damage, from the day on which the loss or damage occurs; or

50. (1) Subsection 117(1) of the Act is replaced by the following:

117. (1) The Administrator shall direct payments to be made out of the Ship-source Oil Pollution Fund to the International Fund in accordance with Articles 10, 12 and 13 of the Fund Convention and to the Supplementary Fund in accordance with Articles 10 to 13 of the Supplementary Fund Protocol.

(2) Section 117 of the Act is amended by adding the following after subsection (1):

(3) Section 117 of the Act is amended by adding the following in numerical order:

(4) Section 117 of the Act is amended by adding the following after subsection (2):

(5) Subsection 117(3) of the Act is replaced by the following:

(3) The Administrator is liable for any financial loss to the International Fund, the Supplementary Fund or the HNS Fund, as the case may be, as a result of a failure to communicate information under subsection (2) or (2.2).

(6) The portion of subsection 117(4) of the Act before paragraph (b) is replaced by the following:

(4) The Administrator may, for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2),

(a) at any reasonable time, enter a place in which he or she has reasonable grounds to believe there are any records, books of account, accounts, vouchers or other documents relating to information referred to in Article 15 of the Fund Convention, Article 13 of the Supplementary Fund Protocol or Article 21 or 45 of the Hazardous and Noxious Substances Convention, as the case may be;

(7) Paragraph 117(7)(b) of the Act is replaced by the following:

(b) entry to the dwelling place is necessary for the purposes of subsection (1.2), (1.4), (2), (2.1) or (2.2); and

51. Section 125 of the Act is amended by adding “and” at the end of paragraph (b) and by repealing paragraph (c).

52. (1) Subsection 129(1) of the Act is replaced by the following:

129. (1) If a designated officer believes, on reasonable grounds, that an offence in respect of section 55, 73 or 74.28 or regulations made under paragraph 39(a) or (b) has been committed by or in respect of a ship, the officer may make a detention order in respect of the ship.

(2) Paragraph 129(4)(a) of the Act is replaced by the following:

(a) indicate the measures that are to be taken to ensure compliance with section 55, 73 or 74.28 or regulations made under paragraph 39(a) or (b) and that must be taken for the detention order to be revoked within any time specified in the order; and

53. Section 131 of the Act is replaced by the following:

131. Every person or ship that contravenes subsection 55(1) or (2), 73(1) or (2), 74.28(1) or (2), 128(2) or 129(6) or (7) or regulations made under section 39 is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.

54. Subsections 132(4) and (5) of the Act are replaced by the following:

(4) Every person who contravenes subsection 74.4(7) or 117(5), section 118 or subsection 119(9) is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000.

(5) For the purposes of subsection (4.1), “person” has the same meaning as in Article I of the Civil Liability Convention, as defined in subsection 47(1), except that, in the context of the Hazardous and Noxious Substances Convention, as defined in that subsection, “person” has the same meaning as in Article 1 of that Convention.

55. The portion of paragraph 136(1)(a) of the Act before subparagraph (i) is replaced by the following:

(a) an information is laid in respect of an offence under subsection 55(1) or (2), 73(1) or (2) or 74.28(1) or (2) or of a regulation made under paragraph 39(a) or (b), and

56. The Act is amended by adding, after Schedule 8, the Schedule 9 set out in the schedule to this Act.

Coming into Force

57. The provisions of this Part, other than subsections 29(2) to (4), sections 30, 32, 34 and 36, subsections 40(2) and 50(1), (3), (4), (6) and (7) and sections 51 and 54, come into force on a day or days to be fixed by order of the Governor in Council.

PART 5

CANADA SHIPPING ACT, 2001

Amendments to the Act

58. The definition “oil handling facility” in section 2 of the Canada Shipping Act, 2001 is replaced by the following:

“oil handling facility” means a facility, including an oil terminal, that is used or that will be used in the loading or unloading of petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products, to or from vessels.

59. Subsection 11(2) of the Act is amended by adding the following after paragraph (c):

60. The Act is amended by adding the following after section 167:

61. (1) The portion of subsection 168(1) of the Act before paragraph (a) is replaced by the following:

168. (1) Subject to the regulations, the operator of an oil handling facility of a class established by the regulations shall

(2) Subparagraph 168(1)(b)(i) of the Act is replaced by the following:

(i) describes the manner in which the operator will comply with the regulations made under paragraph 182(1)(a),

(3) Paragraphs 168(1)(c) and (d) of the Act are replaced by the following:

(c) have on site an up-to-date oil pollution prevention plan to prevent a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations;

(d) have on site an up-to-date oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel, which meets the requirements set out in the regulations;

(4) Paragraph 168(1)(e) of the English version of the Act is replaced by the following:

(e) have the procedures, equipment and resources required by the regulations available for immediate use in the event of a discharge of oil during the loading or unloading of a vessel.

(5) Subsection 168(2) of the Act is repealed.

62. The Act is amended by adding the following after section 168:

63. The Act is amended by adding the following after section 168:

64. The Act is amended by adding the following after section 171:

65. Section 174 of the Act and the heading before it are replaced by the following:

Pollution Response Officers

66. Section 175 of the Act is repealed.

67. (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 response officer may

(2) The portion of subsection 176(3) of the Act before paragraph (a) is replaced by the following:

(3) On ex parte application, a justice of the peace may issue a warrant authorizing 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

68. (1) Subsection 181(2) of the Act is replaced by the following:

(2) Response organizations, their agents or mandataries, and persons who have been designated in writing by the Minister as approved responders, are not personally liable, either civilly or criminally, in respect of any act or omission occurring or arising during the course of a response operation unless it is shown that the act or omission was committed with the intent to cause loss or damage, or recklessly and with the knowledge that loss or damage would probably result.

(2) Subsection 181(4) of the Act is replaced by the following:

(4) In this section, “response operation” means the activities undertaken following a discharge, or a grave and imminent threat of a discharge, from a vessel or an oil handling facility, including activities related to or connected with surveillance of and assessing areas of pollution, mobilizing and demobilizing response equipment and resources, protective booming, containment, recovery, dispersal or destruction of the pollutant, shoreline mitigation and restoration, transporting and disposing of recovered pollutant or waste materials and planning and supervising activities related to the response operation.

69. (1) Section 182 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

(2) Section 182 of the Act is renumbered as subsection 182(1) and is amended by adding the following:

70. (1) Subsection 183(1) of the Act is amended by adding the following after paragraph (a):

(2) Subsection 183(1) of the Act is amended by adding the following after paragraph (b):

(3) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):

(4) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):

71. (1) The portion of subsection 184(1) of the French version of the Act before paragraph (b) is replaced by the following:

(2) Subsection 184(1) of the Act is amended by adding the following after paragraph (a):

(3) Paragraphs 184(1)(b) to (d) of the French version of the Act are replaced by the following:

(4) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):

(5) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):

(6) Paragraph 184(1)(h) of the French version of the Act is replaced by the following:

(7) Subsection 184(1) of the Act is amended by adding the following after paragraph (h):

(8) Paragraphs 184(1)(i) to (l) of the Act are replaced by the following:

(i) a direction given under paragraph 175.1(1)(a) (to provide information officer considers appropriate);

(j) a direction given under paragraph 175.1(1)(b) (to proceed by a route and not in excess of a speed);

(k) a direction given under paragraph 175.1(1)(c) (to provide information relating to pollution plan);

(l) a direction given under paragraph 175.1(1)(d) or (e) (to provide documents);

(9) Paragraphs 184(1)(m) to (o) of the French version of the Act are replaced by the following:

72. 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

(a) subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(e) in relation to Part 7 (Wreck) or 10 (Pleasure Craft); and

(b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck) 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.

73. (1) Subsection 211(2) of the Act is replaced by the following:

(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant, under the authority of a warrant issued under subsection (2.1) or for the purpose of ensuring that a vessel complies with a relevant provision.

(2) Paragraph 211(4)(a) of the Act is replaced by the following:

(a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment being inspected;

(3) Paragraph 211(4)(e) of the Act is replaced by the following:

(e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility is required to have on site, under a relevant provision;

74. Section 228 of the Act is replaced by the following:

228. In sections 229 to 244, “violation” means a contravention of a relevant provision, or a contravention of a direction given under a relevant provision, that is designated as a violation by the regulations made under this Part.

75. (1) Paragraph 244(f) of the Act is replaced by the following:

(f) designating as a violation that may be proceeded with in accordance with sections 229 to 242 the contravention of a relevant provision, or the contravention of a direction given under a relevant provision, that is an offence under this Act;

(2) Section 244 of the Act is amended by adding the following after paragraph (h):

76. 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 or a pollution response officer, whether or not the person on board has been identified.

77. Section 268.1 of the Act is replaced by the following:

268.1 Subsections 11(5) and 12(5), section 45 and subsections 154(3) and 195(3) do not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.

Consequential Amendment to the Coasting Trade Act

78. Paragraph 3(2)(e) of the Coasting Trade Act is replaced by the following:

(e) engaged, with the approval of a person designated as a pollution response officer under section 174.1 of the Canada Shipping Act, 2001, in activities related to a marine pollution emergency, or to a risk of a marine pollution emergency.

Coming into Force

79. Sections 60 to 62 and 69 and subsections 70(1) to (3) and 71(2) and (4) come into force on a day or days to be fixed by order of the Governor in Council.