Environmental Response Arrangements Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-275/FullText.html

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Environmental Response Arrangements Regulations

SOR/2008-275CANADA SHIPPING ACT, 2001
Registration 2008-09-05
Environmental Response Arrangements Regulations
P.C. 2008-1661 2008-09-05Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, Infrastructure and Communities, pursuant to paragraph 182(e) of the Canada Shipping Act, 2001Footnote a, hereby makes the annexed Environmental Response Arrangements Regulations.
Return to footnote aS.C. 2001, c. 26Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act
Loi

Act means the Canada Shipping Act, 2001. (Loi)

combination carrier
transporteur mixte

combination carrier means a vessel designed to carry oil or solid cargoes in bulk. (transporteur mixte)

gas carrier
transporteur de gaz

gas carrier means a cargo vessel that is constructed or adapted for the carriage in bulk of any liquefied gas or other products listed in Chapter 19 of the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk, published by the International Maritime Organization. (transporteur de gaz)

NLS tanker
bâtiment-citerne SLN

NLS tanker means a vessel constructed or adapted to carry a cargo of noxious liquid substances in bulk and includes an oil tanker that is certified to carry a cargo or part cargo of noxious liquid substances in bulk. (bâtiment-citerne SLN)

oil tanker
pétrolier

oil tanker means a vessel constructed or adapted primarily to carry oil in bulk in its cargo spaces and includes a combination carrier, an NLS tanker and a gas carrier that is carrying a cargo or part cargo of oil in bulk. (pétrolier)

SOR/2013-235, s. 30.
Previous Version

Vessels

Marginal note:Prescribed classes

2 (1) The following classes of vessels are prescribed for the purposes of subsection 167(1) of the Act:

(a) oil tankers of 150 gross tonnage or more;
(b) vessels of 400 gross tonnage or more that carry oil as cargo or as fuel; and
(c) groups of vessels that are towed or pushed, are of 150 gross tonnage or more in aggregate and carry oil as cargo.

Marginal note:Exclusion

(2) The classes of vessels that are prescribed by subsection (1) do not include

(a) foreign vessels that are only transiting in the territorial sea of Canada or the exclusive economic zone of Canada and are not engaged in the loading or unloading of oil during transit;
(b) pleasure craft; or
(c) government vessels, naval auxiliary vessels or vessels owned or operated by a foreign state and used only on government non-commercial service.

Marginal note:Waters north of 60° N

(3) Paragraph 167(1)(a) and subparagraphs 167(1)(b)(ii) and (iii) of the Act do not apply in respect of vessels that are in waters north of latitude 60° N.

Oil Handling Facilities

Marginal note:Prescribed class

3 (1) Oil handling facilities that received more than 100 tonnes of oil during the preceding 365 days are prescribed as a class for the purposes of subsection 168(1) of the Act.

Marginal note:Exclusion

(2) Paragraph 168(1)(a) and subparagraphs 168(1)(b)(ii) and (iii) of the Act do not apply in respect of oil handling facilities that

(a) received less than 400 tonnes of oil during the preceding 365 days and are located at or south of latitude 60° N; or
(b) are located north of latitude 60° N.

Maximum Quantity of Oil

Marginal note:Paragraphs 167(1)(a) and 168(1)(a)

4 For the purposes of paragraphs 167(1)(a) and 168(1)(a) of the Act, the prescribed maximum quantity of oil is 10 000 tonnes.

Coming into Force

Marginal note:Registration

5 These Regulations come into force on the day on which they are registered.