Order Fixing the Day on which this Order is Made as the Day on which Certain Provisions of that Act Come into Force: SI/2019-47
Canada Gazette, Part II, Volume 153, Number 14
SI/2019-47 July 10, 2019
SAFEGUARDING CANADA’S SEAS AND SKIES ACT
P.C. 2019-918 June 22, 2019
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 79 of the Safeguarding Canada’s Seas and Skies Act, chapter 29 of the Statutes of Canada, 2014, fixes the day on which this Order is made as the day on which sections 60 to 62 and 69 and subsections 70(1) to (3) and 71(2) and (4) of that Act come into force.
Order Fixing the Day on which this Order is Made as the Day on which Certain Provisions of that Act Come into Force
(This note is not part of the Order.)
The Order in Council is related to section 79 of the Safeguarding Canada’s Seas and Skies Act (the Act), Chapter 29 of the Statutes of Canada, 2014. This Order would be registered and made on the day on which sections 60 to 62 and 69, along with subsections 70(1) to (3) and 71(2) and (4) of the Act come into force. This is in concurrence with the publication of the Environmental Response Regulations in the Canada Gazette, Part II.
The Order brings into force specific provisions in the Canada Shipping Act, 2001 (CSA 2001) found in Bill C-3 footnote 1 to increase oversight of oil handling facilities, including the following:
- 1. Require oil handling facilities of a class to be established by the regulations to notify the Minister of their operation (167.3);
- 2. Require certain oil handling facilities — e.g. new facilities (167.1 and 167.2); facilities making changes to capacity, equipment, design or type of product they transfer, that might affect the loading or unloading of oil to or from a vessel (168.01) — to submit their plans to the Minister of Transport. New regulation making authorities to the Governor in Council, on the recommendation of the Minister of Transport, respecting such things as the submission of oil pollution prevention plans and oil pollution emergency plans (182(1)(d.1) to (d.4)); and
- 3. Allow marine safety inspectors to ensure compliance by oil-handling facilities operators of the new Part 8 provisions.
The Economic Action Plan 2012 proposed measures to support responsible energy development, including appropriate legislative and regulatory frameworks related to oil spills, and emergency preparedness and response.
The purpose of Bill C-3, related to the CSA 2001, was to improve the legislative framework governing marine oil spill preparedness and response capacity. The Bill, formerly known as Bill C-3, Safeguarding Canada’s Seas and Skies Act, received royal assent in December 2014 and introduced further changes to the CSA 2001 to increase federal oversight of oil handling facilities (OHFs). It also extended the CSA 2001’s Administrative Monetary Penalty provisions to Part 8; and strengthened the requirements for spill prevention and spill preparedness at OHFs.
The approval of this Order is imperative for the coming into force of the proposed Environmental Response Regulations and the enforcement of broadening ministerial powers to take necessary measures during oil pollution incidents.
Transport Canada consulted extensively on the proposed Environmental Response Regulations at various national and regional meetings between 2010 and 2017. The Regulations were first discussed with stakeholders at the national Canadian Marine Advisory Council meeting in 2010, at which time a discussion paper was presented. During the summer and fall of 2010, several meetings with response organizations and industry were held. In 2016, a second comprehensive discussion paper, along with a standard, was circulated to stakeholders. An update of the proposed regulatory changes was also provided to stakeholders at the national spring Canadian Marine Advisory Council in 2016.
Navigation Safety and Environmental Programs