An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act (S.C. 2005, c. 29)
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Assented to 2005-06-23
16. (1) Paragraphs 35(1)(e) to (g) of the Act are replaced by the following:
(e) respecting record keeping, information management and reporting for the purposes of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1);
(f) respecting the form and manner of giving notice under this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under subsection 136(1); and
(g) respecting the setting and payment of fees for services provided in the administration of this Part or Part 2 (Registration, Listing and Recording), 3 (Personnel), 4 (Safety), 6 (Incidents, Accidents and Casualties), 7 (Wreck) other than section 163, 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to the extent that the Minister of Transport is responsible for that Part, 9 (Pollution Prevention — Department of Transport), 10 (Pleasure Craft) or 11 (Enforcement — Department of Transport) or the regulations made under any of those Parts or under subsection 136(1).
(2) Subsection 35(3) of the Act is replaced by the following:
Marginal note:Regulations — Minister of Fisheries and Oceans
(3) The Governor in Council may, on the recommendation of the Minister of Fisheries and Oceans, make regulations
(a) implementing, in whole or in part, an international convention, protocol or resolution that is listed in Schedule 2, as amended from time to time, including regulations
(i) implementing it in respect of persons or vessels to which it does not apply,
(ii) establishing stricter standards than it sets out, or
(iii) establishing additional or complementary standards to those it sets out if the Governor in Council is satisfied that the additional or complementary standards meet the objectives of the convention, protocol or resolution;
(b) respecting record keeping, information management and reporting for the purposes of Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts;
(c) respecting the form and manner of giving notice under Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts; and
(d) respecting the setting and payment of fees for services provided in the administration of
(i) Part 5 (Navigation Services) or 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans), to the extent that the Minister of Fisheries and Oceans is responsible for those Parts, or
(ii) regulations made under subsection 136(2).
17. The portion of section 116 of the Act before paragraph (a) is replaced by the following:
Marginal note:When boarding a vessel prohibited
116. Subject to sections 135 (stopping and boarding a vessel), 175.1 (powers of pollution response officers — general), 196 and 198 (pleasure craft inspections), 200 (stopping and boarding a vessel) and 211 (inspections) and to any other Act of Parliament, no person shall go or attempt to go on board a vessel or to leave or attempt to leave one
18. Section 136 of the Act is replaced by the following:
Marginal note:Regulations — Minister of Transport
136. (1) The Governor in Council may, on the recommendation of the Minister of Transport, make regulations
(a) establishing VTS Zones within Canadian waters or in a shipping safety control zone prescribed under the Arctic Waters Pollution Prevention Act;
(b) respecting the information to be provided and the procedures and practices to be followed by vessels that are about to enter, leave or proceed within a VTS Zone;
(c) respecting the conditions under which a clearance under section 126 is to be granted;
(d) defining the expression “about to enter” for the purpose of this Part;
(e) respecting aids to navigation in Canadian waters;
(f) regulating or prohibiting the navigation, anchoring, mooring or berthing of vessels for the purposes of promoting the safe and efficient navigation of vessels and protecting the public interest and the environment;
(g) respecting the safety of persons on Canadian waters for the purposes of sporting, recreational or public events or activities;
(h) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under any of paragraphs (b) and (e) to (g) and specifying their powers and duties; and
(i) prescribing anything that may be prescribed under this Part.
Marginal note:Regulations — Minister
(2) The Governor in Council may, on the recommendation of the Minister, make regulations
(a) respecting the administration and control of Sable Island;
(b) specifying classes of persons, or appointing persons, to ensure compliance with regulations made under paragraph (a) and specifying their powers and duties; and
(c) respecting maritime search and rescue.
19. The definition “Minister” in section 153 of the Act is replaced by the following:
“Minister”
« ministre »
“Minister” means the Minister of Transport.
20. The headings before section 165 of the Act are replaced by the following:
PART 8POLLUTION PREVENTION AND RESPONSE — DEPARTMENT OF TRANSPORT AND DEPARTMENT OF FISHERIES AND OCEANS
Interpretation
21. The definition “Minister” in section 165 of the Act is replaced by the following:
“Minister”
« ministre »
“Minister” means the Minister of Transport.
22. The portion of paragraph 167(1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) have on board a declaration, in the form specified by the Minister, that
23. The heading before section 174 and sections 174 and 175 of the Act are replaced by the following:
Pollution Prevention Officers and Pollution Response Officers
Marginal note:Designation of pollution prevention officers
174. (1) The Minister may designate any persons or classes of persons as pollution prevention officers in respect of oil handling facilities and response organizations and may limit in any manner that he or she considers appropriate the powers that the officers 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:Designation of pollution response officer
174.1 (1) The Minister of Fisheries and Oceans may designate any persons or classes of persons as pollution response officers in respect of discharges or threats of discharges and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part.
Marginal note:Certificate of designation
(2) The Minister of Fisheries and Oceans must furnish every pollution response 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 response officers are not personally liable for anything they do or omit to do in good faith under this Part.
Marginal note:Powers of pollution prevention officers
175. A pollution prevention officer may
(a) direct the operator of an oil handling facility to provide him or her with any document that the operator is required to have on site under this Part;
(b) direct a response organization to provide him or her with any document that the organization is required to have under this Part;
(c) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and
(d) inspect a response organization’s facilities to determine whether the organization’s equipment and resources meet the requirements of this Part.
Marginal note:Powers of pollution response officers — general
175.1 (1) A pollution response 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 him or her with any information that he or she 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 he or she believes on reasonable grounds to be carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she 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 to have on site under this Part; and
(e) direct a response organization to provide any document that the organization is required to have under this Part.
Marginal note:Powers — discharge of pollutant
(2) If the pollution response officer believes on reasonable grounds that a vessel might discharge, or might have discharged, a pollutant, he or she 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 he or she may specify;
(b) go on board and take samples of any substance that he or she believes to 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 he or she may specify, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,
(ii) proceed out of waters in respect of which this Part applies, by the route and in the manner that he or she may specify, or
(iii) remain outside waters in respect of which this Part applies; and
(d) if he or she 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 he or she is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and
(i) direct any vessel within that emergency zone to report its position to him or her,
(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 he or she considers appropriate or may submit it for analysis or examination to a person designated by the Minister.
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 person
(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.
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