Regulations

(a) exempting any geographical area from the application of this Part; and

(b) for carrying out the purposes and provisions of this Part.

(a) specifying wreck or classes of wreck that have heritage value;

(b) respecting the protection and preservation of wreck that has heritage value, and providing for issuing permits to access such wreck;

(c) authorizing the designation of enforcement officers to ensure compliance with the regulations made under this Part and specifying their powers and duties;

(d) authorizing the Minister and the Minister of Canadian Heritage to jointly enter into agreements or arrangements respecting the administration or enforcement of any provision of the regulations made under this subsection and to authorize any person or organization with whom an agreement or arrangement is entered into to exercise the powers or perform the duties under those regulations that are specified in the agreement or arrangement;

(e) exempting wreck or any class of wreck that has heritage value from the application of any provision of this Part;

(f) exempting any geographical area from the application of regulations made under paragraph (b) or (c); and

(g) respecting the setting and payment of fees, and the determination and payment of expenses, for services provided in the administration of regulations made under this subsection.

Offences and Punishment

(a) paragraph 157(1)(a) (report wreck);

(b) paragraph 157(1)(b) (take directed measures regarding wreck);

(c) section 159 (possessing, concealing, destroying or disposing of wreck); or

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

(a) if the offence is committed knowingly, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; and

(b) if the offence is committed negligently, to a fine of not more than $100,000 or to imprisonment for a term of not more than six months, or to both.

PART 8

POLLUTION PREVENTION AND RESPONSE - DEPARTMENT OF FISHERIES AND OCEANS

Interpretation

(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.

Application

Discharges of Oil

(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.

(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 184(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 the discharge of oil during the loading or unloading of a vessel.

(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).

Response Organizations

(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.

(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 169(1)(a) or 170(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 174, provide information regarding any of the matters referred to in paragraphs (a) to (e).