Bill C-3

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):

(1.01) The Administrator shall — only in relation to oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention — direct payments to be made out of the Ship-source Oil Pollution Fund to the HNS Fund in accordance with Articles 16 to 20 of that Convention.

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

(1.1) For the purposes of subsection (1.2), “person” has the same meaning as in Article I of the Civil Liability Convention.

(1.2) A person who is required to make contributions under Article 10 of the Fund Convention or Article 10 of the Supplementary Fund Protocol shall file with the Minister or the Administrator, in accordance with the regulations, information returns necessary to enable the Administrator to discharge his or her obligations under subsections 117(1) and (2).

(1.3) For the purposes of subsection (1.4), the term “receiver” has the meaning assigned by paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention.

(1.4) Receivers shall file with the Minister or the Administrator, in accordance with the regulations, information returns in respect of quantities of oils, as described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention, received.

(1.5) The Governor in Council may make regulations respecting information returns for the purposes of subsections (1.2) and (1.4).

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

(2.1) The Administrator shall communicate to the Minister the information referred to in subsection 74.4(4) that relates to oils described in paragraph 5(a)(i) of Article 1 of the Hazardous and Noxious Substances Convention and that is necessary to enable the Minister to discharge his or her obligation under that subsection.

(2.2) The Administrator shall communicate to the Minister and the Director of the HNS Fund, in accordance with Article 21 of the Hazardous and Noxious Substances Convention, the information referred to in that Article that relates to oils described in paragraph 5(a)(i) of Article 1 of that Convention.

(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.

(4.1) Any person who fails to file an information return required under subsection 74.4(2) or 117(1.2) or (1.4) is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 for each day of default.

(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):

(c.1) inspections respecting pollution prevention for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans);

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

Oil Handling Facilities

167.1 Subject to the regulations, a person who proposes to operate an oil handling facility of a class established by the regulations shall, within the prescribed time, notify the Minister of the proposed operations relating to the loading or unloading of oil to or from vessels and shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

167.2 (1) Subject to the regulations, a person who proposes to operate an oil handling facility of a class established by the regulations shall, at least 90 days before the day on which the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels will begin — or within any other time specified by the Minister — submit to the Minister

(a) an 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; and

(b) an 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.

(2) A person referred to in subsection (1) shall submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister.

(3) A person referred to in subsection (1) shall not begin operations relating to the loading or unloading of oil to or from vessels unless the plans submitted under subsection (1) meet the requirements set out in the regulations.

167.3 Subject to the regulations, the operator of an oil handling facility of a class established by the regulations shall notify the Minister of the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels within 90 days after the day on which this section comes into force and shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

167.4 Subject to the regulations, unless the plans have already been submitted under subsection 167.2(1), the operator of an oil handling facility of a class established by the regulations shall submit to the Minister, within the time set out in the regulations, an oil pollution prevention plan to prevent a discharge of oil during the loading or unloading of a vessel and an oil pollution emergency plan to respond to a discharge of oil during the loading or unloading of a vessel — which meet the requirements set out in the regulations — and shall submit to the Minister any information or documents requested by the Minister, within the time specified by the Minister.

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;

(c.1) submit the up-to-date oil pollution prevention plan to the Minister within the time and in the circumstances 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;

(d.1) submit the up-to-date oil pollution emergency plan to the Minister within the time and in the circumstances set out in the regulations; and

(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:

168.01 (1) Subject to the regulations, an operator of an oil handling facility of a class established by the regulations that proposes to make a change, or permit a change to be made, to the oil handling facility’s operations relating to the loading or unloading of oil to or from vessels shall — at least 180 days before the day on which it makes the change or permits the change to be made — notify the Minister of the change, including any of the following changes:

(a) a change in the oil handling facility’s transfer rate, if the change would result in the oil handling facility becoming part of a different class established by the regulations;

(b) a change in the design of the oil handling facility, or a change in the oil handling facility’s equipment; or

(c) a change in the type or composition of oil that is loaded or unloaded to or from vessels.

(2) The operator referred to in subsection (1) shall submit to the Minister any information or documents required by the regulations and, within the time specified by the Minister, any information or documents requested by the Minister.

(3) The operator referred to in subsection (1) shall revise the oil pollution prevention plan and the oil pollution emergency plan and submit the revised plans to the Minister at least 90 days before making the change or permitting the change to be made, or within any other time specified by the Minister.

(4) An operator shall not make a change referred to in subsection (1) or permit one to be made unless the plans submitted under subsection (3) meet the requirements set out in the regulations.

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

168.1 Despite any other provision of this Part or the regulations, the Minister may direct the operator of an oil handling facility to update or revise an oil pollution prevention plan or an oil pollution emergency plan and to submit the up-to-date or revised plan to the Minister within the time specified by the Minister.

168.2 A marine safety inspector may direct any person to provide the inspector with any information that the inspector reasonably requires in the administration of this Part.

168.3 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or is likely to discharge oil, that the oil pollution prevention plan or the oil pollution emergency plan for an oil handling facility does not meet the requirements set out in the regulations or that the operator of an oil handling facility does not 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, the Minister may

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

(b) if he or she considers it necessary, direct the operator of the oil handling facility to take the measures that the Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the oil han-dling facility, including to stop loading or unloading oil to or from vessels.

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

171.1 A marine safety inspector may direct a response organization to provide the inspector with any document that the organization is required to have under this Part.

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):

(d.1) establishing classes of oil 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 of each class;

(d.2) respecting oil pollution prevention plans and oil pollution emergency plans, including the time within which the plans shall be submitted to the Minister and the circumstances in which up-to-date plans shall be submitted to the Minister;

(d.3) respecting the procedures, equipment and resources referred to in paragraph 168(1)(e) and section 168.3;

(d.4) respecting the information and documents referred to in sections 167.1 and 167.3 and subsection 168.01(2), including the time within which the information and documents shall be submitted to the Minister; and

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

(2) Despite the regulations, the Minister may designate an oil 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 that is not part of a class established by the regulations to be part of one of those classes.

(3) The Minister shall notify the operator of an oil handling facility of any designation made in respect of it under subsection (2).

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

(a.1) subsection 167.2(1) (submission of oil pollution prevention plan and oil pollution emergency plan);

(a.2) subsection 167.2(3) (prohibition against beginning operations);

(a.3) section 167.4 (submission of plans);

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

(b.1) paragraph 168(1)(c.1) (submission of up-to-date oil pollution prevention plan);

(b.2) paragraph 168(1)(d.1) (submission of up-to-date oil pollution emergency plan);

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

(e.01) subsection 168.01(3) (revise plans);

(e.02) subsection 168.01(4) (prohibition against making changes);

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

(e.1) a direction given under section 168.1 (to update or revise plans);

(e.2) a direction given under paragraph 168.3(b) (to take measures);

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):

(a.1) section 167.1 (notification of proposed operations);

(a.2) subsection 167.2(2) (submission of information or documents);

(a.3) section 167.3 (notification of operations);

(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):

(d.01) subsection 168.01(1) (notification of proposed change to operations);

(d.02) subsection 168.01(2) (submission of information or documents);

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

(d.1) a direction given under section 168.2 (to provide information);

(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):

(h.1) a direction given under section 171.1 (to provide documents);

(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.

(2.1) On ex parte application, a justice of the peace may issue a warrant authorizing a marine safety inspector to enter living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

(a) is necessary for any purpose related to the administration of a relevant provision of Part 8; and

(b) has been refused or there are reasonable grounds for believing that it will be refused.

(2.2) A marine safety inspector executing a warrant must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

(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:

(d.1) direct the operator of an oil handling facility, or a person who proposes to operate an oil handling facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan or an oil pollution emergency plan referred to in Part 8;

(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):

(i) respecting emergency and safety pro-cedures for the purpose of paragraph 211(4)(d.1);

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.