Canada Shipping Act, 2001

Marginal note:Contravention of Act or regulations

• 191 (1) Every person who, or vessel that, contravenes any of the following commits an offence:

  • (a) paragraph 186.1(1)(a) (ensure vessel meets requirements);

  • (a.1) paragraph 186.1(1)(b) (develop procedures);

  • (a.2) paragraph 186.1(1)(c) (ensure emergency procedures training);

  • (a.3) paragraph 186.1(1)(d) (ensure environmental protection training);

  • (a.4) paragraph 186.1(2)(a) (ensure vessel inspected);

  • (a.5) paragraph 186.1(2)(b) (ensure terms and conditions met);

  • (a.6) section 186.2 (obtain Canadian maritime documents);

  • (a.7) subsection 186.3(1) (protection of marine environment);

  • (a.8) subsection 186.3(2) (take reasonable measures);

  • (a.9) section 187 (discharge of a pollutant);

  • (b) section 188 (implement shipboard oil pollution emergency plan);

  • (c) a direction given under subparagraph 189(1)(d)(i) (direction to proceed to a place and unload a pollutant);

  • (c.1) a direction given under subsection 189(2) (direction to authorize a vessel); and

  • (d) a provision of the regulations made under this Part.

• Marginal note:Punishment

  (2) Every person 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.

• Marginal note:Continuing offence

  (3) If an offence under paragraph (1)(a) is committed or continued on more than one day, the person or vessel that committed it is liable to be convicted for a separate offence for each day on which it is committed or continued.

• Marginal note:Factors to be considered

  (4) In determining the punishment under subsection (2), the court may have regard to the following factors:

  • (a) the harm or risk of harm caused by the offence;

  • (b) an estimate of the total costs of clean-up, of harm caused, and of the best available mitigation measures;

  • (c) the remedial action taken, or proposed to be taken, by the offender to mitigate the harm;

  • (d) whether the discharge or anticipated discharge was reported in accordance with the regulations made under paragraph 190(1)(b);

  • (e) any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and

  • (f) any evidence from which the court may reasonably conclude that the offender has a history of non-compliance with legislation designed to prevent or to minimize pollution.