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 Transport.

“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).

2001, c. 26, s. 165; 2005, c. 29, s. 21.

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, 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.

2001, c. 26, s. 167; 2005, c. 29, s. 22.

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 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.

(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.

2001, c. 26, s. 174; 2005, c. 29, s. 23.

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.

(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.

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

2005, c. 29, s. 23.

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.

2001, c. 26, s. 175; 2005, c. 29, s. 23.

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.

(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.

(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.

(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.

2005, c. 29, s. 23.

176. (1) For the purpose of exercising his or her powers under this Part, a pollution prevention officer or a pollution response 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 or a pollution response 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.

2001, c. 26, s. 176; 2005, c. 29, s. 24.

177. (1) If a pollution response officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, he or she 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 of Fisheries and Oceans 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 response officer must

(a) rescind a detention order made under this section if he or she 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 of Fisheries and Oceans; and

(b) notify, in the form and manner specified by the Minister of Fisheries and Oceans, 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 of Fisheries and Oceans, 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.

2001, c. 26, s. 177; 2005, c. 29, s. 25.

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

179. The Minister of Fisheries and Oceans 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 of Fisheries and Oceans, permit the master to move it in accordance with the directions of the Minister of Fisheries and Oceans;

(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 of Fisheries and Oceans, 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 of Fisheries and Oceans; and

(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister of Fisheries and Oceans 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 of Fisheries and Oceans’ directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.

2001, c. 26, s. 179; 2005, c. 29, s. 26.

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

(a) take the measures that he or she 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 he or she 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).

2001, c. 26, s. 180; 2005, c. 29, s. 27.

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 175.1(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of a 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.

2001, c. 26, s. 183; 2005, c. 29, s. 28.

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.