Canada Shipping Act, 2001 (S.C. 2001, c. 26)

Marginal note:Prescribed procedures, equipment and resources

171. Every response organization shall

• (a) have a response plan that meets the prescribed requirements;

• (b) have the prescribed equipment and resources at the site set out in the response plan;

• (c) provide or arrange for prescribed training to prescribed classes of persons;

• (d) undertake and participate in prescribed activities to evaluate the response plan or its implementation;

• (e) on the request of a vessel or the operator of an oil handling facility with which the response organization has an arrangement referred to in paragraph 167(1)(a) or 168(1)(a), as the case may be, implement a response consistent with the response plan; and

• (f) on the request of the Minister or an advisory council established under section 172, provide information regarding any of the matters referred to in paragraphs (a) to (e).

Marginal note:Advisory councils

• 172. (1) The Minister may establish an advisory council in respect of any geographic area for the purpose of advising the Minister with respect to this Part.

• Marginal note:Members

  (2) Each advisory council is to be composed of no more than seven members who are appointed to the council by the Minister and who, in the Minister’s opinion, can represent the communities and interests potentially affected by an oil spill in that area.

• Marginal note:Term

  (3) Each member of an advisory council is to be appointed for a term of not more than three years and is eligible for reappointment.

• Marginal note:President

  (4) An advisory council must elect one of its members to be its president.

• Marginal note:Honoraria and expenses

  (5) The members of an advisory council may be paid the honoraria that the Minister considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the council while absent from their ordinary place of residence.

• Marginal note:Recommendations

  (6) An advisory council is to advise and may make recommendations to the Minister.

• Marginal note:Meetings in public

  (7) Advisory council meetings must be open to the public unless the council is satisfied that a public meeting would not be in the public interest, in which case the meeting or any part of it may be held in private.

Marginal note:Review and report by Minister

173. Every five years, the Minister must review the operation of sections 167 to 172 and have laid before each House of Parliament a report setting out the results of the review.

Marginal note:Designation of pollution prevention 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.

• Marginal note:Certificate of designation

  (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.

• Marginal note:Immunity

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