Contents
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
1Short title#
This Act may be cited as the Oil Tanker Moratorium Act.
Interpretation
2Definitions#
The following definitions apply in this Act.
crude oil means any liquid hydrocarbon mixture that occurs naturally in the earth — including a liquid hydrocarbon mixture from which distillate fractions have been removed or to which distillate fractions have been added — whether or not it has been treated to render it suitable for transportation. (pétrole brut)
Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)
marine installation means an installation that is used or is capable of being used in the loading or unloading of oil to or from vessels and that is on, or is connected to, land. (installation maritime)
master has the same meaning as in section 2 of the Canada Shipping Act, 2001. (capitaine)
oil tanker means a vessel that is constructed or adapted to carry oil in bulk in liquid form in its hold. (pétrolier)
persistent oil means an oil, or an oil of a class of oils, set out in the schedule. (hydrocarbure persistant)
vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment)
Application
Duty of Minister
3.2Duty to consider — adverse effects#
When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.
Prohibitions
4Mooring or anchoring at port, etc.#
(1)It is prohibited for an oil tanker that is carrying crude oil or persistent oil, or any combination of the two, in an amount greater than 12 500 metric tons, in bulk in its hold, to moor or anchor at a port or marine installation that is in Canada, on the coast of British Columbia, north of 50°53′00′′ north latitude and west of 126°38′36′′ west longitude.
(2)It is prohibited for an oil tanker that is carrying crude oil or persistent oil, or any combination of the two, in an amount greater than 12 500 metric tons, in bulk in its hold, to unload any of that oil at a port that is within the area described in subsection (1) or to a marine installation that is within that area.
(3)It is prohibited for an oil tanker to load into its hold any crude oil or persistent oil that is at a port or marine installation that is within the area described in subsection (1) if, when the loading is about to begin, the oil tanker is carrying crude oil or persistent oil, or any combination of the two, in an amount greater than 12 500 metric tons, in bulk in its hold, or if loading it would result in the oil tanker carrying, at any time, crude oil or persistent oil, or any combination of the two, in bulk in its hold, in an amount greater than 12 500 metric tons.
(4)It is prohibited for any person or any vessel to transport, by water, any crude oil or persistent oil — that an oil tanker is carrying in its hold — from the oil tanker to a port or marine installation that is within the area described in subsection (1) for the purpose of aiding the oil tanker to circumvent the prohibition in subsection (2).
(5)It is prohibited for any person or any vessel to transport, by water, any crude oil or persistent oil from a port or marine installation that is within the area described in subsection (1) to an oil tanker for the purpose of aiding the oil tanker to circumvent the prohibition in subsection (3).
5Exception#
(1)Subsection 4(1) does not apply to an oil tanker that moors or anchors at a port or marine installation
(a)to ensure the safety of the oil tanker;
(b)to render assistance to a vessel in distress or if necessary after rendering that assistance; or
(c)to obtain emergency medical assistance for any person on board the oil tanker.
(2)Section 4 does not apply in respect of a vessel carrying out an activity in order to comply with a direction given under subsection 111(2) or 114(2), paragraph 180(1)(c) or 189(1)(d) or subsection 211(3) of the Canada Shipping Act, 2001.
note
Exemptions
6Ministerial exemption#
(1)The Minister may, by order, exempt an identified oil tanker from the application of any of subsections 4(1) to (3) on any terms and for any period that he or she considers appropriate, if he or she is of the opinion that the exemption is essential for the purpose of community or industry resupply or is otherwise in the public interest.
(2)The Statutory Instruments Act does not apply to an order made under subsection (1).
(3)After making an order under subsection (1), the Minister must make it accessible to the public on the Internet or by any other means that he or she considers appropriate.
Administration and Enforcement
Reporting Requirement
7Pre-arrival information#
(1)The master of an oil tanker that is constructed or adapted to carry more than 12 500 metric tons of oil in bulk in liquid form in its hold must report pre-arrival information to the Minister, in accordance with subsections (2) and (3), before the oil tanker moors or anchors at a port or marine installation that is within the area described in subsection 4(1).
(2)The pre-arrival information that must be reported in respect of an oil tanker is the following:
(a)its name;
(b)its country of registry;
(c)its owner’s name;
(d)its operator’s name;
(e)its master’s name;
(f)the name of the port or the marine installation;
(g)the type and the amount of any oil that it is carrying in bulk in its hold; and
(h)the type and the amount of any oil to be unloaded from or loaded into its hold at the port or the marine installation.
(3)The pre-arrival information must be reported
(a)at least 24 hours before the oil tanker moors or anchors at the port or the marine installation; or
(b)as soon as possible after the oil tanker departs from its last port of call, if there is less than 24 hours between the moment the oil tanker departs from that port and the moment the oil tanker is expected to moor or anchor at the port or the marine installation.
(4)If there is any change in the pre-arrival information reported under this section, the master of the oil tanker must report the change to the Minister without delay.
8Direction not to moor or anchor#
If the Minister has reasonable grounds to believe that the master of an oil tanker has failed to comply with subsection 7(1) or (4), the Minister may direct the oil tanker not to moor or anchor at a port or marine installation that is within the area described in subsection 4(1).
Designated Persons
9Designation#
(1)The Minister may designate any person or member of a class of persons for the purposes of the administration and enforcement of this Act.
(2)The Minister must provide every designated person with a certificate of their designation.
(3)A designated person is not personally liable for anything they do or omit to do in good faith under this Act.
Powers
10Direction to provide information — oil tankers#
(1)A designated person may direct an oil tanker that is within the area described in subsection 4(1) to provide any information that the designated person reasonably requires for the purposes of this Act if they have reasonable grounds to believe that the oil tanker is or will be
(a)unloading any oil from its hold at a port that is within that area or to a marine installation that is within that area; or
(b)loading into its hold any oil that is at a port or marine installation that is within that area.
(2)A designated person may direct a person or a vessel to provide any information that the designated person reasonably requires for the purposes of this Act if they have reasonable grounds to believe that the person or the vessel is or will be transporting, by water,
(a)from an oil tanker that is within the area described in subsection 4(1) to a port or marine installation that is within that area, any oil that the oil tanker is carrying in its hold; or
(b)from a port or marine installation that is within the area described in subsection 4(1) to an oil tanker that is within that area, any oil.
11Authority to enter a place#
(1)A designated person may, for a purpose related to verifying compliance with this Act, enter
(a)any vessel that is at a port or marine installation that is within the area described in subsection 4(1), if the designated person has reasonable grounds to believe that the vessel is carrying oil as cargo;
(b)any marine installation that is within the area described in subsection 4(1), if the designated person has reasonable grounds to believe that oil is located there; and
(c)any other place, if the place is at a port that is within the area described in subsection 4(1) and the designated person has reasonable grounds to believe that there is, located in that place, oil that is to be loaded onto a vessel as cargo or oil that was unloaded from a vessel that was carrying it as cargo.
(2)A designated person is not permitted to enter living quarters without the occupant’s consent.
(3)The designated person may, for the purpose referred to in subsection (1),
(a)examine anything in the place;
(b)use any means of communication in the place or cause it to be used;
(c)use any computer system in the place, or cause it to be used, to examine data contained in or available to it;
(d)prepare or cause to be prepared any record, in the form of a print-out or other intelligible output, from the data;
(e)use any copying equipment in the place or cause it to be used;
(f)conduct tests or analyses of anything in the place;
(g)take measurements or samples of anything in the place;
(h)take photographs or make recordings or sketches of anything in the place;
(i)remove anything from the place for the purpose of examination, testing or copying;
(j)direct any person to put anything in the place into operation or to cease operating it; and
(k)prohibit or limit access to all or part of the place or to anything in the place.
(4)The designated person and any person accompanying them may enter private property – other than a dwelling-house – and pass through it in order to gain entry to the place. For greater certainty, they are not liable for doing so.
(5)A designated person may, for the purpose of entering a vessel that is at a port or marine installation that is within the area described in subsection 4(1), direct the master
(a)to stop the vessel or proceed to the place that the designated person may select, and to moor or anchor or remain there; or
(b)to not move the vessel.
General
12Duty to assist#
The owner, the operator, the master and any agent or charterer of a vessel that is entered under subsection 11(1) and the owner and the operator of a marine installation or any other place that is entered under that subsection, as well as every person who is found there, must give a designated person who is carrying out powers or functions under section 11 all reasonable assistance and provide them with any information that they may reasonably require.
13Disposition of samples#
(1)A designated person who takes a sample under paragraph 11(3)(g) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to any person the Minister considers appropriate.
(2)A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.
(3)Subject to subsections (4) and (5), the certificate or the report is admissible in evidence in any prosecution for an offence under this Act and, in the absence of any evidence to the contrary, is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.
(4)The party against whom the certificate or the report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.
(5)The certificate or the report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or the report.
14Return of anything removed#
Anything removed under paragraph 11(3)(i) must be returned as soon as feasible after it is no longer required for the purpose for which it was taken.
Detention of Vessels
17Detention order#
(2)A detention order must be in writing and be addressed to every person empowered to grant clearance to the vessel.
(a)by delivering a copy of the notice personally to the master; or
(4)Subject to section 19, it is prohibited for a person to move a vessel that is subject to a detention order.
(5)Subject to subsection (6), it is prohibited for a person to whom a detention order is addressed, after they have received notice of the order, to grant clearance to the vessel that is subject to the order.
(6)A person to whom a detention order is addressed who has received notice of the order must grant clearance to the vessel that is subject to the order if
(a)security in an amount and a form satisfactory to the Minister is given to Her Majesty in right of Canada;
(b)the vessel has not been charged with an offence under this Act within 30 days after the day on which the order was made; or
(c)the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made and
(ii)proceedings in respect of that offence are discontinued.
(7)If the vessel that is subject to a detention order is registered in a foreign state, that state is to be notified that the order was made.
(8)The authorized representative of a vessel that is subject to a detention order or, if there is no authorized representative, the vessel’s owner is liable for all expenses incurred in respect of the detention.
18Interference with service of notice#
It is prohibited for a person to intentionally interfere with the service of a notice of a detention order.
19Permission or direction to move vessel#
(a)on application made by the authorized representative of the vessel or, if there is no authorized representative, by the vessel’s owner, permit the master to move the vessel in accordance with the Minister’s directions; and
(b)on application made by the owner of a dock or wharf — or by the person in charge of a port or marine installation — at which the vessel is located, direct the person who is, or appears to be, in charge of the vessel to move it in accordance with the Minister’s directions.
(2)If a person does not comply with a direction given to them under paragraph (1)(b) and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, the Minister may authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.
Sale of Vessels
20No appearance and no security#
(1)The Minister may apply to a court of competent jurisdiction for an order authorizing the Minister to sell a vessel that is subject to a detention order made under subsection 17(1) if
(a)the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made; and
(2)The Minister may apply to a court of competent jurisdiction for an order authorizing the Minister to sell a vessel that is subject to a detention order made under subsection 17(1) if
(a)the vessel has been charged with an offence under this Act within 30 days after the day on which the order was made;
(c)the vessel has been convicted and a fine has been imposed but not paid.
21Notice#
(1)As soon as feasible after making an application under subsection 20(1) or (2), the Minister must send, by registered mail, notice of the application to
(a)the person responsible for maintaining any register in which the vessel is registered, listed or recorded;
(2)The notice is deemed to have been given to the person to whom it was sent on the day on which an acknowledgement of receipt is received by the Minister.
note
22Claiming interest or right#
(1)If an application is made under subsection 20(1) or (2) in respect of a vessel
(a)any person referred to in paragraph 21(1)(b) or (c) may, within 30 days after the day on which the notice of the application is sent to that person, apply to the court seized of the application for an order referred to in subsection (2); and
(b)any other person who claims an interest or a right in the vessel as mortgagee or hypothecary creditor or as the holder of a maritime lien or any like interest or right may, within 30 days after the day on which the application is made, apply to the court seized of the application for an order referred to in subsection (2).
(2)A court seized of an application made under subsection (1) must grant to the applicant an order declaring the nature and extent of the applicant’s interest or right at the time the detention order was made if the court is satisfied that
(a)the applicant acquired the interest or the right in good faith before the making of the detention order; and
(b)the applicant is innocent of any complicity or collusion in respect of the alleged offence that gave rise to the making of the detention order.
(3)An application made under subsection 20(1) or (2) must not be heard until all applications made under subsection (1) in respect of the vessel have been heard.
23Authorization of sale#
(1)A court seized of an application made under subsection 20(1) or (2) may
(2)If the court has authorized the sale of a vessel and that vessel is sold, any surplus remaining from the proceeds of the sale — after deducting the amount of the maximum fine that could have been imposed for the offence, if subsection 20(1) applies, or the fine actually imposed, if subsection 20(2) applies, and all expenses incurred in respect of the detention and the costs of the sale — must, to the extent of the surplus, be paid in accordance with the interests or the rights of persons who have obtained an order referred to in subsection 22(2) and any surplus remaining after that must be paid to the owner of the vessel.
(4)Nothing in subsection (3) is to be construed as meaning that the vessel may be registered in the name of the purchaser.
Regulations
Offences and Punishment
25Contravention of section 4#
Every person or vessel that contravenes any of subsections 4(1) to (5) is guilty of an offence and liable
(a)on conviction on indictment, to a fine of not more than $5,000,000; and
(b)on summary conviction, to a fine of not more than $1,000,000.
26Contravention of other provisions#
(1)Every person who contravenes any of the following is guilty of an offence:
(a)subsection 7(1) or (4);
(b)section 12;
(c)section 15;
(d)section 16;
(e)subsection 17(4) or (5); and
(f)section 18.
(2)Every person or vessel that contravenes a direction given under section 8 or 10, paragraph 11(3)(j) or subsection 11(5) is guilty of an offence.
(3)Every person or vessel that is guilty of an offence under subsection (1) or (2) 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.
28Liability of owners, operators, etc.#
(1)If a vessel commits an offence under section 25 and the owner, the operator, the master, an employee or an agent of the vessel directed, authorized, assented to, acquiesced in or participated in the commission of the offence, the owner, the operator, the master, the employee or the agent, as the case may be, is a party to and guilty of the offence and liable on conviction to the punishment provided for under that section for the offence, whether or not the vessel has been prosecuted or convicted.
(2)If a vessel commits an offence under section 25, every director or officer of a corporation that is an owner or an operator of the vessel who directed or influenced the corporation’s policies or activities in respect of the conduct that is the subject matter of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for under that section for the offence, whether or not the vessel has been prosecuted or convicted.
30Due diligence — persons#
(1)A person must not be convicted of an offence under section 25, paragraph 26(1)(a), (b), (d) or (e) or subsection 26(2) if they establish that they exercised due diligence to prevent its commission.
(2)A vessel must not be convicted of an offence under section 25 or subsection 26(2) if the person who committed the act or omission that constitutes the offence establishes that they exercised due diligence to prevent its commission.
Summary Conviction Proceedings
31Limitation period#
(1)Proceedings by way of summary conviction under this Act may be instituted within two years after the day on which the Minister becomes aware of the subject matter of the proceedings.
(2)A document that purports to have been issued by the Minister and that certifies the day on which the Minister became aware of the subject matter of the proceedings is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of any evidence to the contrary, is evidence that the Minister became aware of the subject matter on that day.
(3)If the proceedings cannot be commenced within two years because the proposed defendant is outside Canada, the proceedings may be commenced not later than 60 days after the day on which they arrive in Canada.
Review and Report
32Review#
(1)During the fifth year after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose, including a review of the impact of this Act on the environment, on social and economic conditions and on the Indigenous peoples of Canada.
(2)The committee referred to in subsection (1) must submit a report of the results of the review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, on any of the first 15 days on which the Senate or the House of Commons, as the case may be, is sitting after the report is completed.
(Sections 2 and 24)
Item | Persistent Oils1 | No. 4 fuel oils2 | No. 5 fuel oils3 | No. 6 fuel oils, including marine diesel oil and bunker C fuel oil4 | Synthetic crude oils5 | Slack wax6 | Lubricating oils7 | Partially upgraded bitumen8 | Gas oils obtained by vacuum distillation9 | Vacuum residue10 | Heavy blended fuel oils11 | Feedstock oil for cracking processes12 | Bituminous and fuel oil emulsions13 | Petroleum pitch14 | Condensate, if less than 50% of it, by volume, distills at a temperature of 340°C and if less than 95% of it, by volume, distills at a temperature of 370°C, when tested in accordance with the American Society for Testing and Materials ASTM D86 method entitled Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure, as amended from time to time
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.