Canadian Maritime Law Update: 2009

• Published in: Journal of maritime law and commerce 2010-07, Vol.41 (3), p.317-344
• Main Authors: Moreira, A William, Southcott, Richard F, Henley, David G, Walsh, Kimberley A
• Format: Article
• Language: English
• Subjects: Amendments; Bird migration; Birds; Canada; Canadian Environmental Protection Act; Canadians; Clearances; Commerce; Containers; Containment; Conversation; Emergency preparedness; Emergency response; Emergency vehicles; Enforcement; Environmental impact; Environmental legislation; Environmental policy; Environmental protection; Fines & penalties; Handling; Implementation; Law; Laws; Legislation; Liability; Liability insurance; Manufacturing; Marine transportation; Maritime law; Migratory birds; Migratory species; Oil pollution; Parks & recreation areas; Passengers; Pollution; Prevention programs; Protection; Public safety; Safety; Security; Security clearances; Shipping; Shipping industry; Statutes; Tourism; Transport; Transportation
• ISSN: 0022-2410; 2162-4127

3 The new amendments provide that a person named in a shipping record accompanying dangerous goods (or a containment) on entry into Canada as the person to whom the goods or container is being delivered is deemed the person who is importing the goods or the container.4 Bill C-9 confirms that the Act applies to vessels outside Canada that are registered in Canada.5 The amendments prohibit anyone from importing, offering for transport, handling, or transporting dangerous goods in a prescribed quantity or concentration unless that person has a transportation security clearance.6 The amendments also strengthen Emergency Response Assistance Plans (ERAP), and require their implementation in certain cases of anticipated release of dangerous goods.7 The ERAP must outline a response to an actual or anticipated release of dangerous goods in the course of their handling which endangers or has the potential to endanger public safety.8 The amendments also introduce Security Plans and Transport Security Clearances to the legislation. An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment Bill C-16 received Royal Assent on June 18, 2009, but has not yet come into force.15 It amends nine environmental statutes administered by Environment Canada and Parks Canada, some of which impact upon maritime law (Antarctic Environmental Protection Act,'6 Canada National Marine Conversation Areas Act, 1999," Canadian Environmental Protection Act,18 and the Migratory Birds Convention Act"), and creates the Environmental Violations Administrative Monetary Penalties Act ("the EVAMP Act").