190. (1) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the protection of the marine environment, including regulations
(a) prescribing pollutants for the purpose of sections 187 and 189 and respecting the circumstances in which such pollutants may be discharged;
(b) respecting the circumstances in which persons on board vessels shall report discharges or anticipated discharges, the manner of making the reports and the persons to whom the reports shall be made;
(c) respecting the carrying of pollutants on board a vessel, whether as cargo or fuel;
(d) respecting the control and prevention of pollution of the air by vessels;
(e) respecting reception facilities for oily residues, chemical residues, garbage and sewage;
(f) respecting the control and management of ballast water;
(g) for preventing or reducing the release by vessels into waters of aquatic organisms or pathogens that, if released into those waters, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters;
(h) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;
(i) specifying the machinery, equipment and supplies that must be on board vessels or classes of vessels;
(j) respecting the design, construction, manufacture, maintenance, storage, testing, arrangement and use of vessels’ or classes of vessels’ machinery, equipment and supplies;
(k) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;
(l) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (k) are met; and
(m) respecting inspections and the testing of vessels, or classes of vessels, and their machinery, equipment and supplies.
Marginal note:Application of regulations
(2) Regulations made under subsection (1) apply in respect of vessels that are capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas only if the regulations so state and were made on the joint recommendation of the Minister and the Minister of Natural Resources.
Offences and Punishment
Marginal note:Contravention of Act or regulations
191. (1) Every person who, or vessel that, contravenes any of the following commits an offence:
(a) section 187 (discharge of a pollutant);
(b) section 188 (implement shipboard oil pollution emergency plan);
(c) a direction given under subparagraph 189(d)(i) (proceed to a place and unload a pollutant); and
(d) a provision of the regulations made under this Part.
(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.
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