Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 222001, c. 26Canada Shipping Act, 2001 (continued)
Amendments to the Act (continued)
693 The Act is amended by adding the following after section 40:
Marginal note:Contravention of interim order or regulations
40.1 (1) Every person who, or vessel that, contravenes any of the following commits an offence:
(a) subsection 10.1(4) (compliance with interim order); or
(b) a provision of a regulation made under subsection 35.1(1).
Marginal note:Punishment
(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $1,000,000 or to imprisonment for a term of not more than 18 months, or to both.
694 Paragraph 120(1)(g) of the English version of the Act is replaced by the following:
(g) respecting the inspection and testing of vessels, or classes of vessels, and their machinery, equipment and supplies;
695 (1) Subsection 130(1) of the Act is replaced by the following:
Marginal note:Designation — search and rescue mission coordinators
130 (1) The Minister may designate persons as search and rescue mission coordinators to organize search and rescue operations.
(2) The portion of subsection 130(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers — search and rescue mission coordinators
(2) On being informed that a person, a vessel or an aircraft is in distress or is missing in Canadian waters or on the high seas off any of the coasts of Canada under circumstances that indicate that they may be in distress, a search and rescue mission coordinator may
(3) Paragraph 130(2)(a) of the English version of the Act is replaced by the following:
(a) direct all vessels within an area that the search and rescue mission coordinator specifies to report their positions;
(4) Paragraph 130(2)(c) of the English version of the Act is replaced by the following:
(c) give any other directions that the search and rescue mission coordinator considers necessary to carry out search and rescue operations for that person, vessel or aircraft; and
696 Paragraph 138(1)(i) of the Act is replaced by the following:
(i) subsection 130(3) (comply with direction of search and rescue mission coordinator); or
697 Section 147 of the Act is replaced by the following:
Marginal note:Salvage
147 Compliance with section 130 (direction of search and rescue mission coordinator), 131 (distress signals) or 132 (assisting a person found at sea) does not affect the right of a master or of any other person to salvage.
698 The definition oil pollution incident in section 165 of the Act is replaced by the following:
- oil pollution incident
oil pollution incident means an occurrence, or a series of occurrences having the same origin, that results or may result in a discharge of oil. (événement de pollution par les hydrocarbures)
699 The portion of section 168.3 of the Act before paragraph (a) is replaced by the following:
Marginal note:Minister may take measures
168.3 If the Minister believes on reasonable grounds that an oil handling facility has discharged, is discharging or may 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
700 Subsection 174.1(3) of the Act is repealed.
701 The portion of subsection 175.1(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers — discharge of pollutant
(2) If the pollution response officer believes on reasonable grounds that a vessel has discharged, is discharging or may discharge a pollutant, he or she may
702 (1) The portion of subsection 180(1) of the Act before paragraph (c) is replaced by the following:
Marginal note:Minister of Fisheries and Oceans — measures
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 may 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, by removing — or by selling, dismantling, destroying or otherwise disposing of — the vessel or its contents;
(b) monitor the measures taken by any person or vessel to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility; or
(2) Subsections 180(2) and (3) of the Act are replaced by the following:
Marginal note:Clear title
(2) When a vessel or its contents are disposed of under paragraph 180(1)(a), the Minister of Fisheries and Oceans may give the person acquiring them a valid title to the vessel or its contents free from any mortgage, hypothec, maritime lien or other interest or right that is in existence at the time of the disposition.
Marginal note:At risk and expense of owner
(2.1) The disposition is at the risk, cost and expense of the owner of the vessel or its contents.
Marginal note:Payment of proceeds
(2.2) When a vessel or its contents are disposed of under paragraph 180(1)(a), any surplus remaining from the proceeds of the disposition after deducting the costs and expenses incurred in respect of the disposition shall be paid to the Minister of Fisheries and Oceans, in respect of all costs and expenses incurred in taking any other measures under this Part, and to the holders, if known at the time of the disposition, of any mortgages, hypothecs, maritime liens or other interests or rights that are in existence at the time of the disposition, and any amount that remains after paying the Minister of Fisheries and Oceans and the holders shall be paid to the owner of the vessel or the contents.
Marginal note:Federal Court directions
(2.3) The Minister of Fisheries and Oceans may apply to the Federal Court for directions as to the allocation of the surplus referred to in subsection (2.2).
Marginal note:Compensation
(3) Compensation shall be paid by Her Majesty in right of Canada for the services of any person or vessel, other than the operator of an oil handling facility or vessel that had discharged, was discharging or may have discharged a pollutant, that has complied with a direction issued under paragraph (1)(c).
Marginal note:Priority
(4) A direction made by the Minister of Fisheries and Oceans under paragraph (1)(c) prevails over an order or direction made under any Act of Parliament, to the extent of any inconsistency.
703 The Act is amended by adding the following after section 180:
Marginal note:Entry on private property
180.1 (1) The Minister of Fisheries and Oceans or a pollution response officer may enter private property – other than a dwelling-house – and pass through it, including with vehicles and equipment, for the purposes of exercising their powers or performing their duties or functions under this Part.
Marginal note:Accompanying persons
(2) If the Minister of Fisheries and Oceans or a pollution response officer enters private property and passes through it, they may be accompanied by any person who they believe is necessary to help them in exercising their powers or performing their duties or functions under this Part.
Marginal note:Use of property
(3) If required, the Minister of Fisheries and Oceans or the pollution response officer may use property adjacent to or in the vicinity of a vessel or oil handling facility — other than a dwelling-house — for the purposes of exercising their powers or performing their duties or functions under this Part, and any person accompanying that Minister or the pollution response officer may use such property to help that Minister or officer exercise their powers or perform their duties or functions under this Part.
Marginal note:Compensation
(4) Her Majesty in right of Canada may compensate the owner of the property referred to in subsection (3), or any person that has, either by law or by contract, the rights of the owner of that property in respect of its possession and use, for any loss or damage caused by the use of that property under subsection (3) that exceeds the value of the benefit derived by the owner or person from that use.
Marginal note:Statutory Instruments Act
180.2 An order or direction given under this Part by the Minister of Fisheries and Oceans or a pollution response officer is not a statutory instrument as defined in the Statutory Instruments Act.
704 (1) Subsection 181(1) of the Act is replaced by the following:
Marginal note:Immunity — taking or refraining from taking measures
181 (1) A person who, or vessel that, is directed to take or refrain from taking measures under paragraph 180(1)(c) is not personally liable, either civilly or criminally, for anything they do or omit to do in the course of complying with the direction, unless it is established that the act or omission was not reasonable in the circumstances.
Marginal note:Immunity — providing assistance
(1.1) A person who provides assistance or advice in taking or refraining from taking any measure under section 180 is not personally liable, either civilly or criminally, for anything that they do or omit to do in the course of providing the assistance or advice, unless it is established that the act or omission was not reasonable in the circumstances.
Marginal note:Immunity — accompanying Minister or officer
(1.2) A person who accompanies the Minister of Fisheries and Oceans or a pollution response officer under subsection 180.1(2) or (3) is not personally liable, either civilly or criminally, for anything that they do or omit to do in the exercise of their powers under that subsection in accompanying the Minister or officer, unless it is established that the act or omission was not reasonable in the circumstances.
(2) Subsection 181(3) of the Act is replaced by the following:
Marginal note:Exception
(3) Nothing in subsection (1) affects the liability of the owner of a vessel, or of the vessel, that had discharged, was discharging or may have discharged a pollutant in respect of
(a) the occurrence that resulted in the taking of the measures referred to in subsection 180(1); and
(b) any act or omission in the course of complying with a direction given under paragraph 180(1)(c).
705 The Act is amended by adding the following after section 181:
Marginal note:Immunity — civil liability
181.1 The following persons are not civilly liable for anything they do or omit to do in good faith under this Part:
(a) a servant of the Crown, as those terms are defined in section 2 of the Crown Liability and Proceedings Act; and
(b) a pollution response officer.
706 The definition oil pollution incident in section 185 of the Act is replaced by the following:
- oil pollution incident
oil pollution incident means an occurrence, or a series of occurrences having the same origin, that results or may result in a discharge of oil. (événement de pollution par les hydrocarbures)
707 Paragraph 190(1)(m) of the English version of the Act is replaced by the following:
(m) respecting the inspection and testing of vessels, or classes of vessels, and their machinery, equipment and supplies.
708 Section 243 of the Act is replaced by the following:
Marginal note:When compliance agreement in effect
243 If a violation arising out of the contravention of any provision of Part 4, 8 or 9 or the regulations made under those Parts is committed while an agreement or arrangement is in effect between the Minister and the authorized representative of a Canadian vessel that provides that inspections of the vessel to ensure compliance with that provision will be carried out by the authorized representative or a person or an organization acting on their behalf, the penalty or range of penalties fixed under paragraph 244(h) in respect of the violation is doubled.
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