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

“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” means the Minister of Fisheries and Oceans.

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

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

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.

(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.

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

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.

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

(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.

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

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.

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

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.

(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.

(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.

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

(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.

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

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).

(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.

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

(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.

(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.

(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.

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

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).

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.

(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.

(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.

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

(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.

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

(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.

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.

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.

(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.

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

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.

(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.

(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).

(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.

(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.

(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.

(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.

176. (1) For the purpose of exercising their powers under this Part, a pollution prevention officer may

(a) board any vessel or enter any premises or other place at any reasonable time;

(b) direct any person to provide reasonable assistance or put into operation or cease operating any machinery or equipment;

(c) direct any person to provide any information that the officer may reasonably require in the administration of this Part;

(d) direct any person to produce for inspection, or for the purpose of making copies or taking extracts, any log book or other document;

(e) take photographs and make video recordings and sketches;

(f) use or cause to be used any computer system or data processing system at the place to examine any data contained in, or available to, the system;

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

(h) 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

(i) 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.

(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant or under the authority of a warrant issued under subsection (3).

(3) On ex parte application, a justice, within the meaning of section 2 of the Criminal Code, may issue a warrant authorizing a pollution prevention officer to enter living quarters, subject to any conditions that may be specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

(a) is necessary for any purpose related to the carrying out of the officer’s powers under this Part; and

(b) has been refused or there are reasonable grounds for believing that it will be refused.

(4) No officer executing a warrant may use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

(5) Documents or other things taken under paragraph (1)(h) 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.

177. (1) If a pollution prevention officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, the officer may make a detention order in respect of the vessel.

(2) A detention order made under this section must be in writing and be addressed to every person empowered to grant clearance in respect of the vessel.

(3) Notice of a detention order made under this section in respect of a vessel must be served on the master

(a) by delivering a copy of the notice personally to the master; or

(b) if service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the notice with the person who is, or appears to be, in charge of the vessel or, if there is no such person, by fixing a copy of the notice to a prominent part of the vessel.

(4) The notice must

(a) indicate the measures to ensure compliance with this Part that must be taken for the detention order to be rescinded; and

(b) if an indictment has been preferred in respect of the offence, indicate the amount and form of security that, pending the outcome of any proceedings related to the indictment, must be deposited with the Minister for the detention order to be rescinded.

(5) If a vessel in respect of which a detention order is made under this section is registered in a foreign state, that state is to be notified that the order was made.

(6) A pollution prevention officer must

(a) rescind a detention order made under this section if the officer is satisfied that the measures indicated in the notice referred to in subsection (4) have been taken and, if applicable, security in the amount and form indicated in the notice referred to in that subsection has been deposited with the Minister; and

(b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (2) of the rescission.

(7) No person to whom a detention order made under this section is addressed shall, after notice of the order is received by them, grant clearance to the vessel in respect of which the order was made unless they have been notified that the order has been rescinded under subsection (6).

(8) Subject to section 179, no person shall move a vessel that is subject to a detention order made under this section.

(9) The authorized representative or, if there is no authorized representative, the owner of a vessel that is detained under this section is liable for all expenses incurred in respect of the detained vessel.

(10) The Minister, after proceedings in respect of which security was deposited are concluded,

(a) may apply the security to reimburse Her Majesty in right of Canada, either fully or partially, if any of the expenses or any fine has not been paid; and

(b) is to return the security, or any part of it that remains if it is applied under paragraph (a), if all expenses and any fine imposed have been paid.

178. No person shall wilfully interfere with the service of a notice of a detention order.

179. The Minister may

(a) on application made by the authorized representative or, if there is no authorized representative, the owner of a detained vessel in the form and manner specified by the Minister, permit the master to move it in accordance with the directions of the Minister;

(b) on application made by the owner of a dock or wharf or by the person in charge of a harbour at which a detained vessel is situated in the form and manner specified by the Minister, direct the person who is, or appears to be, in charge of the vessel to move the vessel in accordance with the directions of the Minister; and

(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister is satisfied that the applicant for the direction has sufficient insurance in place to cover any incident that may arise from the moving of the vessel, authorize the applicant to move the vessel in accordance with the Minister’s directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.

180. (1) If the Minister believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant, the Minister may

(a) take the measures that the Minister considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility, including, in the case of a vessel, the removal or destruction of the vessel and its contents, and may sell or otherwise dispose of the vessel and its contents;

(b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility; or

(c) if the Minister considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.

(2) The proceeds from the sale or other disposal of a vessel or its contents under paragraph (1)(a) must be applied towards meeting the costs and expenses incurred in taking the measures under that paragraph, and any surplus must be paid to the vessel’s owner or the owner of the contents of the vessel, as the case may be.

(3) Compensation shall be paid by Her Majesty in right of Canada for the services of any vessel or person, other than a vessel or the operator of an oil handling facility that had discharged, was discharging or was likely to discharge a pollutant, that has complied with a direction issued under paragraph (1)(c).

181. (1) A person who is directed to take or refrain from taking measures under paragraph 180(1)(c) is not personally liable, either civilly or criminally, in respect of any act or omission in the course of complying with the direction or doing anything incidental to it, unless it is shown that the person’s conduct was not reasonable in the circumstances.

(2) Response organizations and persons who have been designated in writing by the Minister as approved responders are not personally liable, either civilly or criminally, in respect of any act or omission occurring or arising during the course of a response operation unless it is shown that the act or omission was committed with the intent to cause loss or damage, or recklessly and with the knowledge that loss or damage would probably result.

(3) Nothing in subsection (1) exempts or lessens the liability of the owner of a vessel for the occurrence that necessitated the response operation.

(4) In this section, “response operation” means the activities undertaken following a discharge, or a grave and imminent threat of a discharge, from a vessel, including activities related to or connected with surveillance of and assessing areas of pollution, mobilizing and demobilizing response equipment and resources, protective booming, containment, recovery, dispersal or destruction of the pollutant, shoreline mitigation and restoration, transporting and disposing of recovered pollutant or waste materials and planning and supervising activities related to the response operation.

182. The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Part, including regulations

(a) respecting the circumstances in which 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 issuance, amendment, suspension, reinstatement, cancellation or renewal of certificates referred to in section 169;

(c) respecting the purposes for which fees may be charged in relation to an arrangement referred to in paragraph 167(1)(a) or 168(1)(a) and the manner in which response organizations and persons who make an application under subsection 169(1) must calculate proposed fees before notifying the Minister of the fees under subsection 170(1);

(d) respecting the establishment by response organizations of committees of persons who have arrangements with them and the provision to the committees of information regarding fees and proposed fees; and

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

183. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) paragraph 167(1)(a) (have an arrangement);

(b) paragraph 168(1)(a) (have an arrangement);

(c) paragraph 168(1)(e) (have procedures, equipment and resources available for immediate use);

(d) paragraph 168(3)(a) (implement oil pollution prevention plan);

(e) paragraph 168(3)(b) (implement oil pollution emergency plan);

(f) paragraph 171(b) (have equipment and resources at the site);

(g) paragraph 171(e) (implement response plan);

(h) a direction given under paragraph 175(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of pollutant);

(i) subsection 177(7) (giving clearance to detained vessel);

(j) subsection 177(8) (moving detained vessel);

(k) section 178 (wilfully interfering with service of notice); or

(l) a direction given under paragraph 180(1)(c) (to take measures or refrain from doing so).

(2) Every person who, 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 eighteen months, or to both.

184. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

(a) paragraph 167(1)(b) (have a declaration on board);

(b) paragraph 168(1)(b) (have a declaration on site);

(c) paragraph 168(1)(c) (have oil pollution prevention plan on site);

(d) paragraph 168(1)(d) (have oil pollution emergency plan on site);

(e) paragraph 171(a) (have a response plan);

(f) paragraph 171(c) (provide or arrange for training);

(g) paragraph 171(d) (undertake and participate in activities to evaluate response plan);

(h) paragraph 171(f) (provide information);

(i) a direction given under paragraph 175(1)(a) (to provide information officer considers appropriate);

(j) a direction given under paragraph 175(1)(b) (to proceed by a route and not in excess of a speed);

(k) a direction given under paragraph 175(1)(c) (to provide information relating to pollution plan);

(l) a direction given under paragraph 175(1)(d) or (e) (to provide documents);

(m) a direction given under paragraph 176(1)(b) (to provide reasonable assistance);

(n) a direction given under paragraph 176(1)(c) or (d) (to provide information or to produce documents for inspection); and

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

(2) Every person who, or vessel that, 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.

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

“discharge” means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.

“Minister” means the Minister of Transport.

“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” 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 Part 8 (Pollution Prevention and Response — Department of Fisheries and Oceans) to be a pollutant.

186. (1) Subject to subsection (2), this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada.

(2) This Part does not apply in respect of a discharge of oil or gas from 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, in so far as the discharge emanates from those activities.

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

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.

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.

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.

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.

(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.

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.

(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.

(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.

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).

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

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.