Offences and Punishment

Marginal note:Contravention of Act or regulations

• 164. (1) Every person commits an offence who contravenes

  • (a) paragraph 155(1)(a) (report wreck);

  • (b) paragraph 155(1)(b) (take directed measures regarding wreck);

  • (c) section 157 (possessing, concealing, destroying or disposing of wreck); or

  • (d) a provision of the regulations made under this Part.

• Marginal note:Punishment

  (2) Every person who commits an offence under subsection (1) is liable on summary conviction to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both.

• Marginal note:Prosecutions

  (3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.

PART 8POLLUTION PREVENTION AND RESPONSE — DEPARTMENT OF FISHERIES AND OCEANS

Interpretation

Marginal note:Definitions

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

“discharge”

« rejet »

“discharge” means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.

“Minister”

« ministre »

“Minister” means the Minister of Fisheries and Oceans.

“oil”

« hydrocarbures »

“oil” means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products.

“oil pollution incident”

« événement de pollution par les hydrocarbures »

“oil pollution incident” means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil.

“pollutant”

« polluant »

“pollutant” means

• (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

• (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

It includes oil and any substance or class of substances that is prescribed for the purpose of this Part to be a pollutant.

“pollution damage”

« dommages dus à la pollution »

“pollution damage”, in relation to a vessel or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility.

“response organization”

« organisme d’intervention »

“response organization” means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1).

Application

Marginal note:Application

• 166. (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities in Canada.

• Marginal note:Exclusion

  (2) This Part does not apply in respect of a vessel that is on location and engaged in the exploration or drilling for, or the production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Canada Oil and Gas Operations Act.

• Definition of “oil” and “gas”

  (3) In subsection (2), “oil” and “gas” have the same meaning as in section 2 of the Canada Oil and Gas Operations Act.

Discharges of Oil

Marginal note:Vessels — requirements

• 167. (1) Subject to subsection (2), every prescribed vessel or vessel of a prescribed class shall

  • (a) have an arrangement with a response organization in respect of a quantity of oil that is at least equal to the total amount of oil that the vessel carries, both as cargo and as fuel, to a prescribed maximum quantity, and in respect of waters where the vessel navigates or engages in a marine activity; and

  • (b) have on board a declaration, in the form specified by the Minister of Transport, that

    • (i) identifies the name and address of the vessel’s insurer or, in the case of a subscription policy, the name and address of the lead insurer who provides pollution insurance coverage in respect of the vessel,

    • (ii) confirms that the arrangement has been made, and

    • (iii) identifies every person who is authorized to implement the arrangement.

• Marginal note:Certain provisions do not apply to certain vessels

  (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of a vessel that is in prescribed waters.

• Marginal note:Exemption

  (3) The Minister may exempt, subject to any conditions that the Minister considers appropriate, for a specified period any vessel, or class of vessels, that is en route through waters referred to in subsection 166(1), from the application of any provision of this Part if the Minister is of the opinion that the vessel or class of vessels is subject to a provision of the laws of another state that provides for standards that are equivalent to or stricter than the standards provided for in the provision of this Part.

• Marginal note:Publication

  (4) Notice of every exemption must be published in the Canada Gazette.

Marginal note:Oil handling facilities — requirements

• 168. (1) The operator of an oil handling facility of a prescribed class shall

  • (a) have an arrangement with a response organization in respect of any quantity of oil that is, at any time, involved in being loaded or unloaded to or from a vessel at the oil handling facility, to a prescribed maximum quantity;

  • (b) have on site a declaration in the form specified by the Minister that

    • (i) describes the manner in which the operator will comply with the regulations made under paragraph 182(a),

    • (ii) confirms that the arrangement has been made, and

    • (iii) identifies every person who is authorized to implement the arrangement and the oil pollution emergency plan referred to in paragraph (d);

  • (c) have on site an oil pollution prevention plan that meets the prescribed requirements to prevent a discharge of oil during the loading or unloading of a vessel;

  • (d) have on site an oil pollution emergency plan that meets the prescribed requirements to respond to a discharge of oil during the loading or unloading of a vessel; and

  • (e) have the prescribed procedures, equipment and resources available for immediate use in the event of a discharge of oil during the loading or unloading of a vessel.

• Marginal note:Certain provisions do not apply to prescribed classes

  (2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of prescribed classes of oil handling facilities.

• Marginal note:Duty to take reasonable measures — oil handling facilities

  (3) The operator of an oil handling facility referred to in subsection (1) shall take reasonable measures to implement

  • (a) the oil pollution prevention plan referred to in paragraph (1)(c); and

  • (b) in respect of an oil pollution incident, the oil pollution emergency plan referred to in paragraph (1)(d).

Response Organizations

Marginal note:Certificate of designation

• 169. (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.

• Marginal note:Application

  (2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.

• Marginal note:Further evidence

  (3) In addition to the specified information and documents, the Minister may require that an applicant

  • (a) provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met; and

  • (b) undergo any examinations and have its installations undergo any inspections that the Minister considers necessary to establish that the requirements for the issuance of the certificate have been met.

• Marginal note:Period of validity

  (4) Every certificate is valid for the period specified by the Minister.

• Marginal note:Refusal to issue or renew

  (5) The Minister may refuse to issue or renew a certificate if the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.

• Marginal note:Suspension and cancellation

  (6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.

Marginal note:Statement of fees

• 170. (1) A response organization, or a qualified person who makes an application under subsection 169(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a).

• Marginal note:Notice

  (2) A response organization, or a qualified person who makes an application under subsection 169(1), must give notice of the proposed fees in the prescribed manner.

• Marginal note:Charging fees

  (3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.

• Marginal note:Fee review

  (4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.

• Marginal note:Assistance

  (5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.

• Marginal note:Order to amend or eliminate fee

  (6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.

• Marginal note:Notice of order

  (7) The response organization affected by the order must give notice of it in the prescribed manner.

Marginal note:Prescribed procedures, equipment and resources

171. Every response organization shall

• (a) have a response plan that meets the prescribed requirements;

• (b) have the prescribed equipment and resources at the site set out in the response plan;

• (c) provide or arrange for prescribed training to prescribed classes of persons;

• (d) undertake and participate in prescribed activities to evaluate the response plan or its implementation;

• (e) on the request of a vessel or the operator of an oil handling facility with which the response organization has an arrangement referred to in paragraph 167(1)(a) or 168(1)(a), as the case may be, implement a response consistent with the response plan; and

• (f) on the request of the Minister or an advisory council established under section 172, provide information regarding any of the matters referred to in paragraphs (a) to (e).

Advisory Councils

Marginal note:Advisory councils

• 172. (1) The Minister may establish an advisory council in respect of any geographic area for the purpose of advising the Minister with respect to this Part.

• Marginal note:Members

  (2) Each advisory council is to be composed of no more than seven members who are appointed to the council by the Minister and who, in the Minister’s opinion, can represent the communities and interests potentially affected by an oil spill in that area.

• Marginal note:Term

  (3) Each member of an advisory council is to be appointed for a term of not more than three years and is eligible for reappointment.

• Marginal note:President

  (4) An advisory council must elect one of its members to be its president.

• Marginal note:Honoraria and expenses

  (5) The members of an advisory council may be paid the honoraria that the Minister considers appropriate and may be paid any reasonable travel, living and child care expenses incurred by them when engaged on the business of the council while absent from their ordinary place of residence.

• Marginal note:Recommendations

  (6) An advisory council is to advise and may make recommendations to the Minister.

• Marginal note:Meetings in public

  (7) Advisory council meetings must be open to the public unless the council is satisfied that a public meeting would not be in the public interest, in which case the meeting or any part of it may be held in private.

Report to Parliament

Marginal note:Review and report by Minister

173. Every five years, the Minister must review the operation of sections 167 to 172 and have laid before each House of Parliament a report setting out the results of the review.

Pollution Prevention Officers

Marginal note:Designation

• 174. (1) The Minister may designate any persons or classes of persons as pollution prevention officers in respect of vessels, oil handling facilities, response organizations or responses to discharges or threats of discharges, and may limit in any manner the Minister considers appropriate the powers that the officer may exercise under this Part.

• Marginal note:Certificate of designation

  (2) The Minister must furnish every pollution prevention officer with a certificate of designation and, if the officer’s powers are limited under subsection (1), the certificate must specify the powers that the officer may exercise.

• Marginal note:Immunity

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

Marginal note:Powers — general

• 175. (1) A pollution prevention officer may

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

  • (b) direct any vessel that is within or about to enter waters in respect of which this Part applies and that the officer believes on reasonable grounds is carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that the officer may specify;

  • (c) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide information concerning it and its implementation;

  • (d) direct the operator of an oil handling facility to provide any document that the operator is required under this Part to have on site;

  • (e) direct a response organization to provide any document that the organization is required under this Part to have;

  • (f) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and

  • (g) inspect the equipment and resources of a response organization to determine whether its equipment and resources meet the requirements of this Part.

• Marginal note:Powers — discharge of pollutant

  (2) If the pollution prevention officer believes on reasonable grounds that a vessel may discharge, or may have discharged, a pollutant, the officer may

  • (a) 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 at a speed not in excess of the speed, that the officer may specify;

  • (b) go on board and take samples of any substance that the officer believes may be the pollutant;

  • (c) if the vessel is within or about to enter waters in respect of which this Part applies, direct the vessel to

    • (i) proceed to the place within waters in respect of which this Part applies that the officer may select, by the route and in the manner that the officer may direct, and to moor, anchor or remain there for any reasonable period that the officer may specify,

    • (ii) proceed out of waters in respect of which this Part applies by the route and in the manner that the officer may direct, or

    • (iii) remain outside waters in respect of which this Part applies; and

  • (d) if the officer is informed that a substantial quantity of a pollutant has entered or been discharged in waters in respect of which this Part applies, or if on reasonable grounds the officer is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, of an area that is reasonable with regard to the seriousness of the situation, and

    • (i) direct any vessel within that emergency zone to report its position to the officer,

    • (ii) direct any vessel not to enter or not to leave the emergency zone, and

    • (iii) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.

• Marginal note:Disposition of samples

  (3) An officer who takes a sample under paragraph (2)(b) may dispose of it in any manner that they consider appropriate or may submit it for analysis or examination to a person designated by the Minister of Transport under subsection 221(1).

• Marginal note:Certificate or report

  (4) A person who has made an analysis or examination may issue a certificate or report that sets out the results of the analysis or examination.

• Marginal note:Certificate

  (5) Subject to subsections (6) and (7), the certificate or report is admissible in evidence in any proceeding related to an offence under this Part and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate or report without proof of the signature or the official character of the person appearing to have signed it.

• Marginal note:Attendance of analyst

  (6) The party against whom the certificate or report is produced may, with leave of the court, require for the purposes of cross-examination the attendance of the person who issued it.

• Marginal note:Notice

  (7) The certificate or report may be admitted in evidence only if the party who intends to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate or report.