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)
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700 Subsection 174.1(3) of the Act is repealed.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.
709 Paragraph 244(h) of the Act is replaced by the following:
(h) designating violations that may be proceeded with by issuing notices of violation and fixing a penalty or a range of penalties in respect of each such violation, up to a maximum of $250,000 but in any event not greater than the maximum fine if the violation were proceeded with by way of summary conviction;
710 Section 268.1 of the Act is replaced by the following:
Marginal note:Crown not relieved
268.1 Subsections 11(5) and 12(5), section 45, subsection 154(3), paragraph 181.1(a) and subsection 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.
Transitional Provision
Marginal note:Deemed violation
711 (1) A contravention of subsection 10.1(4) of the Canada Shipping Act, 2001 (in this section referred to as “the Act”), as enacted by section 690 of this Act, is deemed to be a violation for the purposes of sections 229 to 243 of the Act and the provisions of any regulations made under section 244 of the Act.
Marginal note:Range of penalties
(2) The range of penalties in respect of a violation referred to in subsection (1) is $250 to $250,000.
Marginal note:Continued violation
(3) A violation referred to in subsection (1) constitutes a separate violation for each day on which it is continued.
Marginal note:Repeal
(4) This section is repealed on the day on which a regulation under section 244 of the Act that designates a contravention of subsection 10.1(4) of the Act, as enacted by section 690 of this Act, as a violation for the purposes of section 228 of the Act comes into force.
Coordinating Amendments
Marginal note:Bill C-64
712 (1) Subsections (2) to (4) apply if Bill C-64, introduced in the 1st session of the 42nd Parliament and entitled the Wrecked, Abandoned or Hazardous Vessels Act (in this section referred to as the “other Act”), receives royal assent.
(2) If section 55 of the other Act comes into force before section 697 of this Act, then that section 697 is repealed.
(3) If section 55 of the other Act comes into force on the same day as section 697 of this Act, then that section 55 is deemed to have come into force before that section 697 and subsection (2) applies as a consequence.
(4) On the first day on which both section 710 of this Act and section 150 of the other Act are in force, section 268.1 of the Canada Shipping Act, 2001 is replaced by the following:
Marginal note:Crown not relieved
268.1 Subsections 11(5) and 12(5), section 45, paragraph 181.1(a) and subsection 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.
DIVISION 232001, c. 6Marine Liability Act
Amendments to the Act
713 Section 51 of the Act is renumbered as subsection 51(1) and is amended by adding the following:
Marginal note:Liability — grave and imminent threat of pollution damage
(2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.
714 Section 71 of the Act is renumbered as subsection 71(1) and is amended by adding the following:
Marginal note:Liability — grave and imminent threat of pollution damage
(2) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(b), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.
715 (1) The portion of paragraph 77(1)(c) of the Act before subparagraph (i) is replaced by the following:
(c) in relation to pollutants, for the costs and expenses incurred by
(2) Section 77 of the Act is amended by adding the following after subsection (1):
Marginal note:Liability — grave and imminent threat of pollution damage
(1.1) For the purposes of subsection (1), with respect to the costs and expenses incurred by the Minister of Fisheries and Oceans or any other person, including in respect of preventive measures referred to in paragraph (1)(c), the owner of a ship is liable only for the costs and expenses related to an occurrence — or series of occurrences having the same origin — that causes pollution damage or creates a grave and imminent threat of causing such damage.
Marginal note:Words and expressions defined
(1.2) For the purposes of subsection (1.1), words and expressions used in that subsection have the same meaning as in the Civil Liability Convention, as defined in subsection 47(1).
716 Subsection 91(1) of the Act is amended by adding the following in alphabetical order:
- receiver
receiver means a receiver as defined in paragraph 4(a) of Article 1 of the Hazardous and Noxious Substances Convention. (réceptionnaire)
- significant incident
significant incident means a discharge of oil that, due to its severity, size or location and to its impact — actual or potential — on the environment, requires extraordinary resources to respond to it. (événement significatif)
717 (1) Paragraph 92(2)(a) of the Act is replaced by the following:
(a) all payments received under sections 114.1 and 114.2 and amounts recovered under section 115;
(2) Subsection 92(2) of the Act is amended by striking out “and” at the end of paragraph (b) and by replacing paragraph (c) with the following:
(b.1) the amount of every sum credited to that Fund under section 93.1 or subsection 111(1) or 111.1(1), (2) or (3);
(c) any amounts recovered by the Administrator under paragraph 106(3)(c) or 106.3(5)(b);
(d) any amounts received by the Administrator further to the notice given under subsection 106.4(3) or paragraph 106.6(1)(b) or recovered under section 106.7; and
(e) interest computed in accordance with section 111.2.
(3) Paragraphs 92(3)(a) and (b) of the Act are replaced by the following:
(a) an amount equal to every amount required to repay, in accordance with any terms and conditions specified by the Minister of Finance, an amount charged to the Consolidated Revenue Fund under section 93.1;
(a.1) all amounts that are directed to be paid under paragraph 106(3)(a), subsection 106.3(4), paragraph 108(1)(a), subsection 108(6) or section 117 or under a settlement;
(a.2) all amounts that are charged to the Ship-source Oil Pollution Fund under subsection 110(1) or (2);
(b) all amounts for which the Administrator is liable under subsection 117.2(4);
(4) Paragraph 92(3)(d) of the Act is replaced by the following:
(d) every amount paid out of the Consolidated Revenue Fund under subsection 98(1.2);
(5) Paragraph 92(3)(f) of the English version of the Act is replaced by the following:
(f) the amount of any judgment and any costs awarded against the Ship-source Oil Pollution Fund in litigation.
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