654. In this Part,

“analyst” means a person designated as an analyst pursuant to section 661;

“Commissioner” means the Commissioner of the Canadian Coast Guard;

“discharge” of a pollutant from a ship means any discharge of a pollutant from a ship that results, directly or indirectly, in the pollutant entering the water and includes, without limiting the generality of the foregoing, spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping;

“oil handling facility” means a facility, including an oil terminal, that is used in the loading or unloading of oil to or from ships;

“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 in water;

“oil tanker” means a ship that is constructed or adapted primarily to carry oil in bulk in its cargo spaces;

“OPRC Convention” means the International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990, signed at London on November 30, 1990, as amended from time to time, to the extent that those amendments are in force in respect of Canada;

“owner”, in relation to a ship, means the person having for the time being, either by law or by contract, the rights of the owner of the ship as regards the possession and use thereof;

“pollutant” means

(a) any 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 those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, 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 those waters to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man,

and, without limiting the generality of the foregoing, includes crude oil, fuel oil, heavy diesel oil, lubricating oil, any other persistent oil and any substance or any substance of a class of substances that is prescribed for the purposes of this Part to be a pollutant;

“Pollution Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, signed at London on November 2, 1973, and the Protocol of 1978 relating thereto, signed at London on February 17, 1978, and any amendments, whenever made, to Protocol I, the Annexes or the Appendices to that Convention;

“pollution prevention officer” means a person designated as a pollution prevention officer pursuant to section 661;

“response organization” means any person or body in Canada in respect of which a certificate of designation is issued by the Commissioner pursuant to subsection 660.4(1);

“ship” includes any description of vessel or craft designed, used or capable of being used solely or partly for navigation, without regard to method or lack of propulsion;

“standards” includes specifications and technical and operational requirements.

R.S., 1985, c. S-9, s. 654; R.S., 1985, c. 6 (3rd Supp.), s. 84; 1993, c. 36, s. 3; 1998, c. 6, s. 4.

655. (1) Except where otherwise provided in this Part or in any regulation made thereunder, this Part and any regulations made thereunder apply

(a) to all

(i) Canadian waters, and

(ii) waters in the exclusive economic zone of Canada

that are not within a shipping safety control zone prescribed pursuant to the Arctic Waters Pollution Prevention Act; and

(b) to all ships in waters described in paragraph (a).

(2) This Part does not apply to a discharge that constitutes a spill from a ship that is on location and engaged in exploration or drilling for, or production, conservation or processing of, oil or gas in an area described in paragraph 3(a) or (b) of the Oil and Gas Production and Conservation Act, in so far as the discharge emanates from those activities.

(3) For the purposes of subsection (2),

(a) “spill” has the same meaning as in subsection 24(1) of the Oil and Gas Production and Conservation Act; and

(b) “oil” and “gas” have the same meanings as in section 2 of that Act.

(4) Notwithstanding anything contained therein, a regulation made under this Part does not apply to a Canadian ship in the waters of a country other than Canada where the regulation is inconsistent with a law of that country that, by its terms, applies to the ship when in the waters of that country.

R.S., 1985, c. S-9, s. 655; R.S., 1985, c. 6 (3rd Supp.), s. 84; 1996, c. 31, s. 100.

656. (1) The Governor in Council may make regulations prohibiting the discharge from ships, except as thereby authorized for the purposes of this Part, of any one or more pollutants specified in the regulations.

(2) Notwithstanding any regulation made under subsection (1), a discharge of a pollutant from a ship is permitted if done in accordance with a permit granted under Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999.

R.S., 1985, c. S-9, s. 656; R.S., 1985, c. 6 (3rd Supp.), s. 84; 1993, c. 36, s. 4; 1999, c. 33, s. 345.

657. (1) The Governor in Council may make regulations

(a) respecting the circumstances in which ships, persons on board ships and operators of oil handling facilities shall report discharges or anticipated discharges of pollutants, the manner of making the reports and the persons to whom the reports shall be made;

(b) respecting the fitting, maintenance, testing and use of electronic and other navigational equipment on ships carrying pollutants, in addition to that required under any other provision of this Act or the regulations;

(c) prescribing

(i) pollutants the carriage of which, in any quantity, is prohibited on board ships, whether as cargo or fuel,

(ii) the maximum quantities of any pollutant that may be carried on board a ship, whether as cargo or fuel,

(iii) the method of stowage of any pollutant carried on board a ship, whether as cargo or fuel, and

(iv) the method of retention of any pollutant carried on board a ship as waste;

(d) respecting the supplies and equipment to be carried by and the fittings and installations required on ships carrying pollutants for handling the pollutants and dealing with any discharge thereof;

(e) prescribing procedures and practices to be followed by persons on board ships, including the loading and unloading of pollutants, in order to ensure the safety and the safe operation of such ships;

(f) prescribing the supplies and equipment to be maintained by the operators of loading and unloading facilities for ships for use in the event of any discharge of a pollutant during the loading or unloading of a ship;

(g) respecting the records to be kept on board a ship

(i) of any activities on board the ship that result in or may result in the discharge of a pollutant into the water or the atmosphere,

(ii) of loadings and unloadings of pollutants to or from the ship at any facilities, and

(iii) where the ship is a Canadian ship, of discharges of pollutants by the ship, which discharges, if made in waters to which this Part applies, would be contrary to any regulation made pursuant to subsection 656(1),

and prescribing the person or persons by whom such records shall be kept;

(h) for regulating and preventing the pollution of the air by ships;

(i) respecting the design, construction and arrangement of ships carrying pollutants, their stability in a damaged condition and their equipment, fittings and systems;

(j) respecting design specifications and operating manuals for ships carrying pollutants and for their equipment, fittings and systems, and respecting the keeping of such design specifications and operating manuals on board the ship and the adherence to those design specifications and operating manuals;

(k) respecting the production of plans, documentary evidence and like information necessary to decide whether a ship complies with regulations made under this subsection;

(l) respecting fees to be paid in respect of any inspection or survey of a ship carried out pursuant to this Part or any regulation made thereunder;

(m) respecting the fees to be charged for issuing certificates required under this Part and the fees to be charged for inspections and surveys in connection with applications for such certificates;

(n) requiring the owner or operator of any loading terminal, unloading terminal, port or ship repair facility to provide reception facilities satisfactory to the Minister for oily residues, chemical residues, garbage and sewage; and

(o) prescribing anything that by this Part is to be prescribed.

(2) The Governor in Council may make regulations

(a) providing for the inspection and survey of ships to which the Pollution Convention does not apply for the purpose of ascertaining whether the ships comply with regulations made under this Part relating to construction, fittings, installations, equipment and systems;

(b) respecting certificates of compliance with regulations referred to in paragraph (a); and

(c) governing the use that may be made of any such certificate and the effect that may be given thereto for the purposes of any provision of this Act.

(3) A certificate issued pursuant to regulations made under paragraph (2)(b) is not a bar to inspecting or surveying the ship pursuant to regulations made under paragraph (2)(a) if there is evidence of non-compliance.

(4) In any regulation made pursuant to this section or subsection 656(1), the Governor in Council

(a) may designate to which waters, within the waters to which this Part applies, or to which ships or class of ships the regulation applies; and

(b) may provide that the regulation applies to such Canadian ships or class of Canadian ships in such waters, outside the waters to which this Part applies, as are designated in the regulation.

R.S., 1985, c. S-9, s. 657; R.S., 1985, c. 6 (3rd Supp.), s. 84; 1993, c. 36, s. 5.

657.1 The Governor in Council may make regulations respecting the control and management of ballast water.

1998, c. 16, s. 18.

658. The Governor in Council may make regulations to implement the Pollution Convention.

R.S., 1985, c. S-9, s. 658; R.S., 1985, c. 6 (3rd Supp.), s. 84.

659. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under section 658 shall be published in the Canada Gazette at least ninety days before the proposed effective date thereof, and a reasonable opportunity within those ninety days shall be afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister with respect thereto.

(2) Subsection (1) does not apply in respect of a proposed regulation that

(a) has previously been published pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection, or

(b) makes no substantive change to an existing regulation,

nor does subsection (1) apply where the Governor in Council is satisfied that an emergency situation exists and that compliance with subsection (1) would therefore be prejudicial to the public interest.

R.S., 1985, c. S-9, s. 659; R.S., 1985, c. 6 (3rd Supp.), s. 84.

660. Section 313 applies in respect of inspections or surveys of ships under this Part or under regulations made pursuant to this Part.

R.S., 1985, c. S-9, s. 660; R.S., 1985, c. 6 (3rd Supp.), s. 84.

660.1 For the purposes of Article 6 of the OPRC Convention, “competent national authority”, with respect to ships and to oil handling facilities designated pursuant to subsection 660.2(8), means the Commissioner.

1993, c. 36, s. 6.

660.2 (1) For the purposes of this section,

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

“ship”

(a) means

(i) an oil tanker of one hundred and fifty or more tons gross tonnage, and

(ii) a ship, other than an oil tanker, of four hundred or more tons gross tonnage that carries oil as cargo or as fuel,

(b) includes two or more ships, each of whose gross tonnage is less than that mentioned in subparagraph (a)(i) or (ii), that carry oil as cargo, that are towed or pushed together and whose aggregate tonnage is one hundred and fifty or more tons gross tonnage, and

(c) does not include

(i) a ship that is not a Canadian ship if it is only transiting in the territorial sea of Canada or the exclusive economic zone of Canada and if it is not engaged in the loading or unloading of oil during transit,

(ii) any warship, naval auxiliary ship or ship owned or operated by a state and used only on government non-commercial service, or

(iii) a ship 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;

“waters” means

(a) Canadian waters, and

(b) waters in the exclusive economic zone of Canada

and includes, notwithstanding subsection 655(1), waters that are within a shipping safety control zone prescribed pursuant to the Arctic Waters Pollution Prevention Act.

(2) Every Canadian ship, whether or not it is in waters and, subject to subsection (3), every ship, other than a Canadian ship, that is in waters, shall

(a) comply with regulations respecting the procedures, equipment and resources that a ship must have on board for use in respect of an oil pollution incident respecting the ship, to the extent that such procedures, equipment and resources are not provided for in a shipboard oil pollution emergency plan that it would be required to have pursuant to any regulation made under section 658;

(b) have an arrangement with a response organization to which a certificate of designation has been issued pursuant to subsection 660.4(1) in respect of a specified quantity of oil that is at least equal to the total amount of oil that the ship carries, both as cargo and as fuel, to a maximum of ten thousand tonnes, and in respect of waters where the ship navigates or engages in a marine activity; and

(c) have on board a declaration, conforming to the regulations, that

(i) identifies the name and address of the ship’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 ship,

(ii) confirms that the arrangement referred to in paragraph (b) has been made, and

(iii) identifies every person who is authorized, in accordance with the regulations, to implement the arrangement referred to in paragraph (b) and the shipboard oil pollution emergency plan.

(3) Paragraph (2)(b) and subparagraphs (2)(c)(ii) and (iii) do not apply in respect of

(a) a Canadian ship that is not in waters, as that term is defined in subsection (1); and

(b) a ship that is in waters north of the sixtieth parallel of north latitude.

(4) The operator of an oil handling facility that is designated pursuant to subsection (8) shall

(a) comply with regulations respecting the procedures, equipment and resources that an oil handling facility must have on site for use in respect of an oil pollution incident at the oil handling facility, where the incident arises out of the loading or unloading of oil to or from a ship at the oil handling facility;

(b) have an arrangement with a response organization to which a certificate of designation has been issued pursuant to subsection 660.4(1) in respect of a specified quantity of oil that is at least equal to the total quantity of oil, as determined by regulation, that is, at any particular time, involved in the loading or unloading of oil to or from a ship at the oil handling facility, to a maximum of ten thousand tonnes, and in respect of the place where the oil handling facility is located;

(c) have on site a declaration, conforming to the regulations, that

(i) describes the manner in which the operator will comply with the regulations made under paragraph 657(1)(a),

(ii) confirms that the arrangement referred to in paragraph (b) has been made, and

(iii) identifies every person who is authorized, in accordance with the regulations, to implement the arrangement referred to in paragraph (b) and the oil pollution emergency plan referred to in paragraph (d);

(d) have on site an oil pollution emergency plan that conforms to the regulations and that lists the procedures, equipment and resources referred to in paragraph (a); and

(e) have on site an oil pollution prevention plan required by the regulations.

(5) Subsection (4) does not apply to an oil handling facility that is located in the territorial sea of Canada or the exclusive economic zone of Canada.

(6) Paragraph (4)(b) and subparagraphs (4)(c)(ii) and (iii) do not apply in respect of an oil handling facility that is in waters north of the sixtieth parallel of north latitude.

(7) Subject to any conditions that the Minister considers appropriate, the Minister may exempt for a specified period any ship or class of ships or any operator of an oil handling facility from the application of any provision of this section if the Minister is of the opinion that the exemption is in the interest of preventing damage to property or the environment or is in the interest of public health or safety. Notice of every exemption must be published in the Canada Gazette.

(8) The Minister may designate any oil handling facility as a facility the operator of which is required to comply with subsection (4), and shall cause every such designation to be published in the Canada Gazette.

1993, c. 36, s. 6; 1996, c. 31, s. 101; 1998, c. 16, s. 19.

660.3 (1) Every ship shall take reasonable measures to implement the shipboard oil pollution emergency plan that it is required to have pursuant to regulations made under section 658, in respect of an oil pollution incident.

(2) Every operator of an oil handling facility shall take reasonable measures to implement the oil pollution emergency plan that the operator is required to have pursuant to paragraph 660.2(4)(d), in respect of an oil pollution incident.

1993, c. 36, s. 6.

660.4 (1) The Minister may, in respect of any geographic area and in respect of a specified quantity of oil, issue a certificate of designation as a response organization to a person or body that makes an application and submits to the Minister

(a) a response plan that conforms to the regulations respecting the procedures, equipment and resources for use with respect to a spill of a specified quantity of oil in the geographic area; and

(b) a declaration that confirms that the procedures, equipment and resources referred to in the response plan are available to the person or body in conformity with the regulations.

(2) A person or body that applies for a certificate of designation as a response organization shall, at the time of applying, file with the Minister a list of the fees that it proposes to charge in relation to an arrangement referred to in paragraph 660.2(2)(b) or (4)(b).

(3) The Minister shall cause a copy of each list of proposed fees to be published in the Canada Gazette.

(4) Any interested person who has reason to believe that a proposed fee is not fair and equitable may file a notice of objection that contains the reasons for the objection with the Minister no later than thirty days after the publication of the proposed fee.

(5) Where a notice of objection is filed, the Minister shall appoint a person to investigate whether the charging of the proposed fee would be fair and equitable, if, the Minister is of the opinion that to do so would be desirable.

(6) A person appointed to hold an investigation has all the powers of a commissioner under Part I of the Inquiries Act.

(7) The person who holds an investigation shall send a report of the investigation to the Minister when it is completed.

(8) The Minister may, by order, approve or amend a proposed fee, either as recommended by the report or otherwise, the response organization shall establish its fee accordingly and the Minister shall cause a copy of the fee to be published in the Canada Gazette.

(9) Where a response organization proposes to charge a new fee or proposes to amend a fee already charged, it shall file the proposed new or amended fee with the Minister and subsections (3) to (8) apply, with such modifications as the circumstances require, to the proposed new or amended fee.

(10) Where a response organization has proposed an amended fee, the existing fee continues to apply until the procedure set out in subsections (3) to (8) is completed and the Minister has approved an amount for the amended fee.

(11) After the Minister has approved a new fee or an amended fee, the fee shall be applicable from the date of publication of the proposal for it in the Canada Gazette.

1993, c. 36, s. 6.

660.5 The Minister may revoke any certificate of designation issued pursuant to subsection 660.4(1) if

(a) the Minister believes on reasonable grounds that the response plan no longer complies with the regulations referred to in that subsection;

(b) there have been amendments to the regulations referred to in that subsection and the response plan no longer meets the regulations as amended;

(c) any charges or fees for processing an application for, or for performing an inspection in relation to the issuance of, the certificate are unpaid; or

(d) the Minister believes on reasonable grounds that the procedures, equipment and resources referred to in subsection 660.4(1) are not available within the meaning of paragraph 660.4(1)(b).

1993, c. 36, s. 6.

660.6 (1) The Minister may issue standards

(a) respecting the matters referred to in paragraph 660.2(2)(a) or (c) or subsection 660.2(4) or 660.4(1); and

(b) respecting the designation of oil handling facilities pursuant to subsection 660.2(8).

(2) For greater certainty, standards issued by the Minister under this section are not regulations within the meaning of the Statutory Instruments Act.

1993, c. 36, s. 6.

660.7 The Minister shall send a copy of each proposed standard to the Minister of Justice for examination to ensure that an incorporation of the standard by reference in a regulation made under subsection 660.9(1)

(a) would be authorized by section 660.9;

(b) would not constitute an unusual or unexpected use of the authority in that subsection; and

(c) would not trespass unduly on existing rights and freedoms and would not, in any case, be inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms and the Canadian Bill of Rights.

1993, c. 36, s. 6.

660.8 (1) The Minister shall cause notice to be published in the Canada Gazette of each standard proposed to be issued by the Minister under subsection 660.6(1), together with notice of the place at which the proposed standard is available, at least thirty days before the proposed effective date of the standard, and any interested person may make representations with respect to the proposed standard to the Minister within those thirty days.

(2) After the Minister considers any representations made by interested persons with respect to a proposed standard, the Minister may issue the standard.

(3) The Minister shall cause notice of each standard that the Minister issues, together with notice of the place at which the standard is available, to be published in the Canada Gazette.

(4) The Minister need not comply with subsections (1) to (3) in respect of a proposed standard that

(a) has previously been published pursuant to subsection (1), whether or not it has been changed as a result of representations made pursuant to that subsection; or

(b) makes no substantive change to an existing standard.

(5) If the Minister is satisfied that an emergency situation exists and that compliance with subsections (1) to (3) would therefore be prejudicial to the public interest, the Minister need not comply with those subsections.

1993, c. 36, s. 6.

660.9 (1) The Governor in Council may make regulations

(a) implementing the OPRC Convention;

(b) respecting the matters referred to in paragraph 660.2(2)(a) or (c) or subsection 660.2(4) or 660.4(1);

(c) respecting the designation of oil handling facilities pursuant to subsection 660.2(8); and

(d) prescribing how standards to be incorporated by reference into the regulations are to be made public.

(2) Regulations made under subsection (1) may incorporate standards by reference, including standards issued by the Minister under subsection 660.6(1), as the standards are amended from time to time.

1993, c. 36, s. 6.

660.10 (1) The Commissioner shall establish at least one advisory council in respect of each geographic area: Pacific, Great Lakes and St. Lawrence River and Great Lakes Basin, Atlantic and Arctic.

(2) The Commissioner may establish other advisory councils as such need may arise.

(3) Each advisory council is composed of no more than seven members who reside in the geographic area in respect of which the advisory council is established, who are appointed to the advisory council by the Commissioner and who, in the opinion of the Commissioner, can represent the various interests likely to be involved in matters referred to in sections 660.1 to 660.9.

(3.1) The members referred to in subsection (3) shall include persons who can represent the general public interest or persons with a knowledge and experience in marine environmental matters.

(4) Each member of an advisory council shall be appointed to hold office on good behaviour for a term that does not exceed three years and a member is eligible for reappointment.

(5) The advisory council shall elect one of the members of each advisory council to be its president.

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

(7) Each advisory council shall advise and may make recommendations to the Commissioner, and may report to the Minister or to any standing committee of either House of Parliament on Fisheries and Oceans or on Environment, and shall receive a response to such report within 30 days or, if that House is not sitting, within 14 days after it resumes sitting.

(8) All regular meetings of the advisory councils shall be conducted in public.

1993, c. 36, s. 6; 1996, c. 31, s. 102.

660.11 (1) The Minister shall no later than one year after the coming into force of this Act and thereafter every two years,

(a) review the operation of sections 660.1 to 660.10, and in particular, the capability of the response organizations to meet the arrangements required by ships and oil handling facilities as set out in paragraphs 660.2(2)(b) and 660.2(4)(b); and

(b) cause a report setting out the results of that review to be laid before each House of Parliament.

(2) The report laid before Parliament pursuant to subsection (1) stands permanently referred to such committee of Parliament as is established to review such matters.

1993, c. 36, s. 6.

661. (1) The Minister may, for the purposes of this Part,

(a) designate any person, either by name or by title of office, as a pollution prevention officer; and

(b) designate any person by name as an analyst.

(2) A pollution prevention officer has such of the powers set out in sections 662 and 672 as are specified in the certificate of his designation.

(3) A pollution prevention officer shall be furnished with a certificate of his designation specifying the powers set out in sections 662 and 672 that are vested in him, and a pollution prevention officer, on exercising any such power, shall, if so required and if the circumstances permit, produce the certificate to any person in authority who is affected thereby and who requires him to do so.

R.S., 1985, c. S-9, s. 661; R.S., 1985, c. 6 (3rd Supp.), s. 84.

662. (1) A pollution prevention officer may

(a) direct

(i) any Canadian ship, whether within or outside waters to which this Part applies, or

(ii) any other ship that is about to enter or is within waters to which this Part applies,

to provide him with reasonable information concerning the condition of the ship, its equipment, radio equipment or machinery, the nature and quantity of its cargo and fuel and the manner in which and the locations in which the cargo and fuel of the ship are stowed and any other reasonable information that he considers appropriate for the administration of this Part;

(b) go on board any Canadian ship, whether within or outside waters to which this Part applies, and conduct such inspections of the ship as will enable him to determine whether the ship complies with any regulations made under this Part or under paragraph 562.1(1)(a) or (b) that are applicable to the ship;

(c) go on board any foreign ship to which the Pollution Convention does not apply that is within waters to which this Part applies that he believes on reasonable grounds is bound to or from a place in Canada or that is moored at a place in Canada, and conduct such inspections of the ship as will enable him to determine whether the ship complies with any regulations made under this Part or under paragraph 562.1(1)(a) or (b) that are applicable to the ship;

(d) go on board a foreign ship to which the Pollution Convention applies, inspect it in accordance with the provisions of the Pollution Convention and take action consequent on such inspection in accordance with the provisions of that Convention;

(e) go on board any ship within waters to which this Part applies that he believes on reasonable grounds has discharged a pollutant in contravention of this Part or any regulation made thereunder, and take samples of any pollutant carried on that ship in respect of which he believes on reasonable grounds the contravention has occurred;

(f) direct any ship that is within or about to enter waters to which this Part applies

(i) to proceed to such place within waters to which this Part applies as he may select, by such route and in such manner as he may direct, and to moor, anchor or remain at that place for such reasonable time as he may specify,

(ii) to proceed out of waters to which this Part applies by such route and in such manner as he may direct, or

(iii) to remain outside waters to which this Part applies,

if the pollution prevention officer believes on reasonable grounds that the ship fails to comply with any provision of this Part or of any regulations made under this Part or under paragraph 562.1(a) or (b) that is or may be applicable to it, or if that officer is satisfied, by reason of weather, visibility, ice or sea conditions, the condition of the ship or any of its equipment, or any deficiency in its complement or the nature and condition of its cargo, that such a direction is justified to prevent the discharge of a pollutant;

(g) direct any ship that is within or about to enter waters to which this Part applies and that he believes on reasonable grounds is carrying a pollutant to proceed through those waters by such route, and at a rate of speed not in excess of such rate, as he may specify;

(h) where he is informed that a substantial quantity of a pollutant has entered or been discharged in waters to which this Part applies, or where on reasonable grounds he is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in such waters exists, declare an emergency zone, of an area that is reasonable with regard to the pollution emergency in question, and

(i) direct all ships within that emergency zone to report their positions to him,

(ii) direct any ship not to enter or not to leave the emergency zone,

(iii) direct ships within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements, and

(iv) direct any ship within waters to which this Part applies to take part in the clean up of the pollutant or in any action to control or contain the pollutant;

(i) direct any ship to provide reasonable information concerning the shipboard oil pollution emergency plan that the ship is required to have pursuant to regulations made under section 658 and direct any operator of any oil handling facility to provide reasonable information concerning the oil pollution emergency plan that the operator is required to have on site pursuant to paragraph 660.2(4)(d);

(j) direct any response organization to provide reasonable information concerning the response plan that the response organization is required to have by reason of subsection 660.4(1);

(k) go on board any ship and conduct such inspections as will enable the officer to determine whether the ship complies with the requirements of subsection 660.2(2);

(l) inspect the installations of any oil handling facility to determine whether it complies with the requirements of subsection 660.2(4);

(m) inspect the installations of any person or body that applies for a certificate of designation as a response organization pursuant to subsection 660.4(1) for the purposes of processing an application for a certificate of designation in respect of a response plan; and

(n) inspect the installations of a response organization for the purposes of ascertaining whether the procedures, equipment and resources referred to in subsection 660.4(1) are available within the meaning of paragraph 660.4(1)(b).

(2) Compensation shall be paid by the Crown for the services of any ship that has complied with an order issued under subparagraph (1)(h)(iv).

(3) Every ship shall obey directions given by a pollution prevention officer under paragraph (1)(a), (f), (g), (h), (i) or (j).

R.S., 1985, c. S-9, s. 662; R.S., 1985, c. 6 (3rd Supp.), s. 84; 1993, c. 36, s. 7.

663. (1) The master of any ship boarded pursuant to paragraph 662(1)(b), (c), (d), (e) or (k) and every person on board the ship, the operator of every oil handling facility whose installations are inspected pursuant to paragraph 662(1)(l) and every person working at those installations, and every response organization whose installations are inspected pursuant to paragraph 662(1)(m) and every person working at those installations shall give a pollution prevention officer all reasonable assistance to enable the officer to carry out duties and functions under this Part and shall furnish the officer with such information as may be reasonably required.

(2) No person shall obstruct or hinder a pollution prevention officer engaged in carrying out his duties and functions under this Part, or knowingly make a false or misleading statement, either orally or in writing, to such an officer.

R.S., 1985, c. S-9, s. 663; R.S., 1985, c. 6 (3rd Supp.), s. 84; 1993, c. 36, s. 8.