Pollution Incidents

Marginal note:Discharge of pollutant prohibited

187. No person or vessel shall discharge a prescribed pollutant, except in accordance with the regulations made under this Part or a permit granted under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999.

Marginal note:Implementation of oil pollution emergency plan

188. If a vessel is required by the regulations to have a shipboard oil pollution emergency plan, the vessel shall take reasonable measures to implement the plan in respect of an oil pollution incident.

Directions to Vessels

Marginal note:Powers in case of discharge

189. If the Minister believes on reasonable grounds that a vessel may discharge, or may have discharged, a prescribed pollutant, the Minister may

• (a) direct a vessel, if it is about to enter or is within waters to which this Part applies, to provide the Minister with any information that the Minister considers appropriate for the administration of this Part;

• (b) direct a vessel that is required to have on board a declaration described in paragraph 167(1)(b) to provide information concerning it;

• (c) direct a vessel that is within or about to enter waters in respect of which this Part applies to proceed through those waters by the route and in the manner that the Minister may specify; and

• (d) direct the vessel to proceed to the place that the Minister may select, by the route and in the manner that the Minister may specify, and to

  • (i) unload the pollutant, or

  • (ii) moor, anchor or remain there for any reasonable period that the Minister may specify.

Regulations

Marginal note:Regulations

• 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.

• Marginal note:Punishment

  (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.

Marginal note:Contravention of directions

• 192. (1) Every vessel commits an offence that contravenes

  • (a) a direction given under paragraph 189(a) or (b) (to provide information);

  • (b) a direction given under paragraph 189(c) (to proceed by a specified route); or

  • (c) a direction given under subparagraph 189(d)(ii) (to proceed to a place and remain there).

• Marginal note:Punishment

  (2) Every vessel that commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000.

Marginal note:Court orders

193. If an offender is convicted of an offence under this Part, in addition to imposing any other punishment that may be imposed under this Act, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects:

• (a) prohibiting the offender from performing any act or engaging in any activity that may result in the continuation or repetition of the offence;

• (b) directing the offender to publish the facts relating to the conviction;

• (c) directing the offender to submit to the Minister, on application by the Minister made within three years after the date of the conviction, any information with respect to the offender’s activities that the court considers appropriate and just in the circumstances;

• (d) in the case of a discharge, directing the offender to pay an amount for the purpose of conducting research into the ecological use and disposal of the pollutant in respect of which the offence was committed; and

• (e) requiring the offender to comply with any other reasonable conditions that the court considers appropriate and just in the circumstances for securing the offender’s good conduct and preventing the offender from repeating the same offence or committing other offences.

PART 10PLEASURE CRAFT

Interpretation

Marginal note:Definitions

194. The definitions in this section apply in this Part.

“enforcement officer”

« agent de l’autorité »

“enforcement officer” means

• (a) a member of the Royal Canadian Mounted Police;

• (b) a member of any harbour or river police force;

• (c) a member of any provincial, county or municipal police force; and

• (d) any person, or member of a class of persons, designated under subsection 196(1).

“inspector”

« inspecteur »

“inspector” means a pleasure craft safety inspector designated under subsection 195(1).

“licence”

« permis »

“licence” means a licence issued for a pleasure craft under this Part.

“Minister”

« ministre »

“Minister” means the Minister of Fisheries and Oceans.

Inspections

Marginal note:Designation

• 195. (1) The Minister may designate persons or classes of persons as pleasure craft safety inspectors.

• Marginal note:Certificate

  (2) The Minister must furnish every inspector with a certificate of designation as a pleasure craft safety inspector authorizing the inspector to carry out inspections under sections 196 and 198.

• Marginal note:Immunity

  (3) Inspectors are not personally liable for anything they do or omit to do in good faith under this Part.

Marginal note:Designation

• 196. (1) The Minister may designate persons or classes of persons as enforcement officers.

• Marginal note:Inspections — general

  (2) An enforcement officer may inspect a pleasure craft or any of its machinery or equipment for the purpose of ensuring compliance with any provision of this Part, other than section 197, or the regulations made under this Part, other than the regulations made under paragraph 207(1)(f), (g), (i) or (j).

• Marginal note:Inspections — structural integrity

  (3) An inspector may inspect a pleasure craft or any of its machinery or equipment for structural integrity or compliance with the regulations made under any of paragraphs 207(1)(f) to (m).

• Marginal note:Powers

  (4) Enforcement officers acting under subsection (2) and inspectors acting under subsection (3) may

  • (a) stop or board the craft at any reasonable time;

  • (b) direct any person to put into operation or cease operating any machinery or equipment on the craft;

  • (c) direct that the craft not be moved until the inspection is completed;

  • (d) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that it does not meet the requirements of this Part or the regulations made under this Part or exposes any person to serious danger, and direct that it not be operated until it meets those requirements or no longer exposes any person to serious danger; and

  • (e) direct any person to move the craft to a safe place if the officer or inspector has reasonable grounds to believe that the operator does not meet the requirements of the regulations made under this Part, and direct that the operator not operate it until the operator meets those requirements.

• Marginal note:Duty to assist

  (5) The owner or person in charge of a pleasure craft and every person on board shall

  • (a) give an officer or inspector all reasonable assistance to enable them to carry out an inspection and exercise any power conferred by this section; and

  • (b) produce to an officer or inspector any document, or provide them with any information, that the officer or inspector may reasonably require, for the administration of this Part or Part 5 (Navigation Services) or the regulations made under either of those Parts.

Marginal note:Manufacturers and importers

• 197. (1) Every manufacturer, builder or importer of a pleasure craft shall ensure that it is constructed in accordance with the regulations.

• Marginal note:Vendors

  (2) No person shall, in the course of a commercial enterprise, sell a pleasure craft that does not display a plate or label if required to do so by the regulations made under paragraph 207(1)(h).

Marginal note:Powers

• 198. (1) An inspector may, for the purpose of ensuring that a manufacturer, importer or vendor is in compliance with section 197,

  • (a) enter any place, other than a dwelling-house, where the inspector has reasonable grounds to believe a pleasure craft is located;

  • (b) examine anything that the inspector finds and take samples of it;

  • (c) conduct any tests or analyses and take any measurements;

  • (d) inspect any books, records, electronic data or other documents that the inspector believes may contain information that is relevant to the inspection;

  • (e) use or cause to be used any computer system in the place where the inspection is being carried out to examine any data contained in or available to the computer system;

  • (f) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

  • (g) take any document or other thing from the place where the inspection is being carried out for examination or, in the case of a document, copying; and

  • (h) use or cause to be used any copying equipment in the place where the inspection is being carried out to make copies of any documents.

• Marginal note:Duty to assist

  (2) When an inspector carries out an inspection under subsection (1), the importer, manufacturer or vendor of the pleasure craft, or the owner or person in control of a place where the pleasure craft is located, shall

  • (a) give the inspector all reasonable assistance to enable them to carry out the inspection and exercise any power conferred by this section; and

  • (b) produce to the inspector any document, or provide them with any information, that the inspector may reasonably require for the administration of this Part or the regulations made under this Part.

• Marginal note:Return of documents and things

  (3) Documents or other things obtained or taken under paragraph (1)(g) must be returned as soon as feasible after they are no longer required for the inspection or for any proceedings that may result from it.

• Marginal note:Disposition of samples

  (4) An inspector who takes a sample under paragraph (1)(b) may dispose of it in any manner that they consider appropriate.

Marginal note:Operation prohibited

199. If an inspector considers that a pleasure craft does not meet the requirements of this Part or the regulations made under this Part, the inspector may direct any person not to operate it until it meets those requirements.

Investigations

Marginal note:Stopping and boarding vessels

200. An enforcement officer who has reasonable grounds to believe that an offence has been committed or is about to be committed under this Part by a pleasure craft or any person on board a vessel may stop and board the craft or vessel and take any reasonable action to ensure public safety or protect the public interest.

Safe Operation of Pleasure Craft

Marginal note:Duty

201. Every operator of a pleasure craft shall ensure that it meets the requirements of the regulations made under this Part.

Pleasure Craft Licences

Marginal note:Licensing of pleasure craft

• 202. (1) If a pleasure craft is required by regulations made under this Part to be licensed, the owner of the craft shall not operate it, or permit it to be operated, unless it is licensed.

• Marginal note:Transfer of licence

  (2) When the ownership of a pleasure craft referred to in subsection (1) changes, the new owner shall not operate the craft, or permit it to be operated, until the licence for that craft is transferred to the new owner in accordance with the regulations.

Marginal note:Application

• 203. (1) An application for a licence or for the transfer of a licence must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

• Marginal note:Issuance of licence

  (2) The Minister may issue or transfer a licence to an applicant if the Minister is satisfied that all the requirements under subsection (1) have been met.

Marginal note:Licence number

204. No owner of a pleasure craft in respect of which a pleasure craft licence has been issued shall operate it or allow it to be operated unless the licence number is marked on the craft and maintained in the form and manner specified by the Minister.

Marginal note:Defacing, etc., licence number

205. No person shall deface, alter, conceal or remove the licence number that is marked on a pleasure craft.

Marginal note:Lost documents

206. If a pleasure craft licence is mislaid, lost or destroyed, the Minister, on application made by the holder of the licence in the form and manner and including the information and accompanied by the documents specified by the Minister, may issue a replacement licence.