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CANADA SHIPPING ACT
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POLLUTION PREVENTION AND RESPONSE
654. In this Part,
"analyst"
«analyste»
"analyst" means a person designated as an analyst pursuant to section 661;
"discharge"
«rejet»
"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"
«installation de manutention d'hydrocarbures»
"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"
«événement de pollution par les hydrocarbures"
"oil pollution incident" means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil in water;
"oil tanker"
«pétrolier»
"oil tanker" means a ship that is constructed or adapted primarily to carry oil in bulk in its cargo spaces;
"OPRC Convention"
«Convention OPRC»
"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"
«propriétaire»
"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"
«polluant»
"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"
«Convention sur la pollution des mers»
"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"
«fonctionnaire chargé de la prévention de la pollution»
"pollution prevention officer" means a person designated as a pollution prevention officer pursuant to section 661;
"response organization"
«organisme d'intervention»
“response organization” means any person or body in Canada in respect of which a certificate of designation is issued by the Minister under subsection 660.4(1);
"ship"
«navire»
"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"
«normes»
"standards" includes specifications and technical and operational requirements.
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.
Meaning of certain expressions
(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.
Regulations prohibiting discharge of pollutants
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.
Discharges permitted under Canadian Environmental Protection Act, 1999
(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.
Regulations relating to pollution
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.
Certification of non-Pollution Convention ships
(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.
657.1 The Governor in Council may make regulations respecting the control and management of ballast water.
658. The Governor in Council may make regulations to implement the Pollution Convention.
Publication of proposed regulations
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.
Owner to pay expenses of inspection or survey
660. Section 313 applies in respect of inspections or surveys of ships under this Part or under regulations made pursuant to this Part.
660.1 [Repealed by P.C. 2005-1774]
660.2 (1) For the purposes of this section,
"oil"
«hydrocarbures»
"oil" means petroleum in any form including crude oil, fuel oil, sludge, oil refuse and refined products;
"ship"
«navire»
"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 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 noncommercial 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"
«eaux»
"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 maximun 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.
Certain provisions not to apply -- ships
(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 subsections (1); and
(b) a ship that is in waters north of the sixtieth parallel of north latitude.
Oil handling facilities - requirements
(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 handing 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.
Provision not to apply -- oil handling facilities
(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.
Certain provisions not to apply -- oil handling facilities
(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.
Duty to take reasonable measures - ships
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.
Duty to take reasonable measures - oil handling facilities
(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.
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.
Fee to be charged during procedure
(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.
Fee retroacts to proposal date
(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.
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).
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.
Examination of proposed standards
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.
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.
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.
660.10 (1) The Minister shall establish 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 Minister may establish other advisory councils if he or she considers them necessary.
(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 Minister and who, in the opinion of the Minister, represent the various interests likely to be involved in matters referred to in sections 660.2 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.
Renumeration
(6) Members of each advisory council shall be paid, in connection with their
work for the advisory council, the remuneration that may be fixed by the
Governor in Council.
Travel, living and other expenses
(6.1) Members of each advisory council are entitled to be reimbursed, in accordance with Treasury Board directives, the travel, living and other expenses incurred in connection with their work for the advisory council while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.
(7) Each advisory council shall advise and may make recommendations to the Minister, and may report to any standing committee of either House of Parliament that normally considers matters relating to transportation or the environment, and shall receive a response to the 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.
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 660.2 to 660.10 and, in particular, the capability of the response organizations to meet the arrangements that ships and operators of oil handling facilities are required to have, as set out in paragraphs 660.2(2)(b) and (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.
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.
Powers of pollution prevention officers
(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.
Powers of pollution prevention officer
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), (j).
Assistance to pollution prevention officer
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.
Discharge of pollutants by persons or ships
664. (1) Any person or ship that discharges a pollutant in contravention of any regulation made under section 656
(a) is guilty of an offence punishable on summary conviction and liable
(i) in the case of an individual, to a fine not exceeding two hundred and fifty thousand dollars, to imprisonment for a term not exceeding six months, or to both, and
(ii) in any other case, to a fine not exceeding two hundred and fifty thousand dollars; or
(b) is guilty of an indictable offence and liable
(i) in the case of an individual, to a fine not exceeding one million dollars, to imprisonment for a term not exceeding three years, or to both, and
(ii) in any other case, to a fine not exceeding one million dollars.
(2) In determining the punishment for an offence under subsection (1), 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 cleanup, of harm caused, and of best available mitigation measures;
(c) the remedial action taken, or proposed to be taken, by the offender to mitigate the harm;
(d) whether the pollutant that was discharged was reported on a timely basis as required by regulations made under paragraph 657(1)(a);
(e) whether the offence was deliberate or inadvertent;
(f) the incompetence, negligence or lack of concern of the offender;
(g) any precautions taken by the offender to avoid the offence;
(h) any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and
(i) 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.
664.1 Where 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 doing 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 conviction, any information with respect to the offender's activities that the court considers appropriate and just in the circumstances;
(d) directing the offender to pay an amount for the purposes of conducting research into the ecological use and disposal of the pollutant in respect of which the offence was committed; or
(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.
665. Any ship in respect of which a certificate may be issued pursuant to regulations made under subsection 657(2) that enters or proceeds within any waters to which this Part applies without having such a certificate on board is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
665.1 (1) Any ship or operator of an oil handling facility that fails to comply with subsection 660.2(2) or (4), as the case may be, or section 660.3 is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred and fifty thousand dollars.
(2) No ship or operator of an oil handling facility shall be convicted of an offence under subsection (1) that involves non-compliance with a standard incorporated by reference into a regulation mentioned in subsection 660.2(2) or (4) unless it is proved that at the date of the alleged non-compliance
(a) the standard had been made public as required by any regulations made under paragraph 660.9(1)(d); and
(b) in the case of a standard issued by the Minister under subsection 660.6(1), notice of the standard and notice of the place at which the standard is available had been published in the Canada Gazette.
Disobeying a pollution prevention officer
666. (1) Any person or ship that fails to comply with a direction of a pollution prevention officer given under paragraph 662(1)(a), (f), (g), (h), (i) and (j) is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
Refusing to assist pollution prevention officers
(2) Any person who contravenes section 663 is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars.
Additional offences by persons or ships
667. Any person or ship that contravenes any regulation applicable to him or it made under paragraphs 657(1)(a) to (k) and (n) or under section 658 is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars.
668. (1) In a prosecution of a ship for an offence under this Part, it is sufficient proof that the ship has committed the offence to establish that the act or neglect that constitutes the offence was committed by the master of or any person on board the ship, other than a pollution prevention officer, whether or not the person on board the ship has been identified.
(2) For the purposes of any prosecution of a ship for failing to comply with any requirement, order or direction of a pollution prevention officer, any requirement made or order or direction given by the pollution prevention officer of or to the master or any person on board the ship shall be deemed to have been made of or given to the ship.
669. (1) Subject to this section, a certificate of an analyst stating that he has analyzed or examined a sample submitted to him by a pollution prevention officer and stating the result of his analysis or examination is admissible in evidence in any prosecution for a contravention of any regulation made under subsection 656(1) and, in the absence of any evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate.
(2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.
(3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending 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.
Time limit for prosecuting offences
670. Proceedings in respect of an offence under this Part may be commenced within, but not later than, three years after the subject-matter of the offence arose.
Jurisdiction in relation to offences
671. (1) Where any person or ship is charged with having committed an offence under this Part, any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of its ordinary jurisdiction has jurisdiction to try the offence as if it had been so committed.
Service on ship and appearance at trial
(2) Where a ship is charged with having committed an offence under this Part, the summons may be served by leaving it with the master or any officer of the ship or by posting the summons on some conspicuous part of the ship, and the ship may appear by counsel or agent, but if it does not appear, a summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial.
672. (1) Where a pollution prevention officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a ship, he may make a detention order in respect of the ship.
Geographical application of section
(2) The power to make a detention order under this section may be exercised in waters described in paragraph 655(1)(a) and also in waters to which the Arctic Waters Pollution Prevention Act applies.
(3) A detention order made under subsection (1) shall be in writing and addressed to all persons at any port in Canada where the ship to which the order relates is or will be who are empowered to give a clearance in respect of the ship.
Detention order to be served on master
(4) Where a detention order under this section is made in respect of a ship, notice thereof shall be served on the master of the ship
(a) by delivering a copy thereof personally to the master; or
(b) if service cannot reasonably be effected in the manner provided in paragraph (a),
(i) by leaving a copy thereof for the master on board the ship with the person who is, or appears to be, in command or charge of the ship, or
(ii) if the ship is within Canadian waters, by leaving a copy thereof with the owner or agent of the owner of the ship residing in Canada or, where no such owner or agent is known or can be found, by fixing a copy thereof to a prominent part of the ship.
Ship under detention not to depart
(5) Where, during the term of any detention order made against a ship under this section, the master or owner of the ship gives an order for the ship to depart from Canadian waters, the person giving such order for departure is, if notice of the detention order was served on the master under this section, guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars.
Duty of persons empowered to give clearance
(6) Subject to subsection (7), no person to whom a detention order made under subsection (1) is addressed shall, after notice of the order is received by the person, give clearance in respect of the ship to which the order relates.
(7) A person to whom a detention order made under subsection (1) is addressed and who has received notice of the order shall give clearance in respect of the ship to which the order relates where
(a) security satisfactory to the Minister in the amount of one hundred thousand dollars is given to Her Majesty in right of Canada;
(b) the ship has not been charged with an offence under this Part within thirty days after the making of the detention order; or
(c) the ship has been charged with an offence under this Part within the period referred to in paragraph (b) and
(i) security, satisfactory to the Minister, for payment of the maximum fine that might be imposed as a result of a conviction of a ship charged with that offence, or in such lesser amount as may be approved by the Minister, is given to Her Majesty in right of Canada, or
(ii) proceedings in respect of the alleged offence that gave rise to the making of the detention order are discontinued.
Sale of ship where no appearance and no security
(8) Where a ship has been charged with an offence under this Part within thirty days after the making of the detention order and, thirty days after the day on which the ship was charged with the offence,
(a) no one has appeared on behalf of the ship to answer to the charge, and
(b) security referred to in paragraph (7)(c) has not been given,
the Minister may, after giving reasonable notice, sell the ship and may, by bill of sale, give the purchaser a valid title to the ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.
Sale of ship where appearance but no security
(9) Where a ship has been charged with an offence under this Part within thirty days after the making of the detention order and
(a) within thirty days after the day on which the ship was charged with the offence, someone has appeared on behalf of the ship to answer to the charge but security referred to in paragraph (7)(c) has not been given, and
(b) the ship is convicted and a fine is imposed and not paid forthwith,
the Minister may, after giving reasonable notice, sell the ship and may, by bill of sale, give the purchaser a valid title to that ship free from any mortgage or other claim on the ship that is in existence at the time of the sale.
Surplus to be paid to former owner of ship
(10) Any surplus remaining from the proceeds of a sale under subsection (8) or (9) after deducting
(a) the amount of
(i) the maximum fine that could have been imposed for the offence, where subsection (8) applies, or
(ii) the fine actually imposed, where subsection (9) applies, and
(b) the cost of the detention and sale
shall be paid over to the former owner of the ship.
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