Response Measures

Minister may take necessary measures

182. (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.

Application of proceeds of disposition

(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.

Compensation

(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).

Civil or criminal liability

183. (1) A person who is directed to take or refrain from taking measures under paragraph 182(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.

Civil or criminal liability

(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.

Exception

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

Definition of ``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.

Regulations

Regulations

184. 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 171;

    (c) respecting the purposes for which fees may be charged in relation to an arrangement referred to in paragraph 169(1)(a) or 170(1)(a) and the manner in which response organizations and persons who make an application under subsection 171(1) must calculate proposed fees before notifying the Minister of the fees under subsection 172(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.

Offences and Punishment

Contraven-
tion of Act

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

    (a) paragraph 169(1)(a) (have an arrangement);

    (b) paragraph 170(1)(a) (have an arrangement);

    (c) paragraph 170(1)(e) (have procedures, equipment and resources available for immediate use);

    (d) paragraph 170(3)(a) (implement oil pollution prevention plan);

    (e) paragraph 170(3)(b) (implement oil pollution emergency plan);

    (f) paragraph 173(a) (have a response plan);

    (g) paragraph 173(b) (have equipment and resources at the site);

    (h) paragraph 173(c) (provide or arrange for training);

    (i) paragraph 173(d) (undertake and participate in activities to evaluate response plan);

    (j) paragraph 173(e) (implement response plan);

    (k) a direction given under paragraph 177(1)(a) (to provide information officer considers appropriate);

    (l) a direction given under paragraph 177(1)(b) (to proceed by a route and not in excess of a speed);

    (m) a direction given under paragraph 177(1)(c) (to provide information relating to pollution plan);

    (n) a direction given under paragraph 177(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of pollutant);

    (o) subsection 179(7) (giving clearance to detained vessel);

    (p) subsection 179(8) (moving detained vessel);

    (q) section 180 (interfering with service of notice); or

    (r) a direction given under paragraph 182(1)(c) (to take measures or refrain from doing so).

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable

    (a) on conviction on indictment,

      (i) if the offence is committed knowingly, to a fine of not more than $250,000 or to imprisonment for a term of not more than two years, or to both, and

      (ii) if the offence is committed negligently, to a fine of not more than $125,000 or to imprisonment for a term of not more than one year, or to both; and

    (b) on summary conviction,

      (i) if the offence is committed knowingly, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months, or to both, and

      (ii) if the offence is committed negligently, to a fine of not more than $125,000 or to imprisonment for a term of not more than six months, or to both.

Contraven-
tion of Act or regulations

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

    (a) paragraph 169(1)(b) (have a declaration on board);

    (b) paragraph 170(1)(b) (have a declaration on site);

    (c) paragraph 170(1)(c) (have oil pollution prevention plan on site);

    (d) paragraph 170(1)(d) (have oil pollution emergency plan on site);

    (e) paragraph 173(f) (provide information);

    (f) a direction given under paragraph 177(1)(d) or (e) (to provide documents);

    (g) a direction given under paragraph 178(1)(b) (to provide reasonable assistance);

    (h) a direction given under paragraph 178(1)(c) or (d) (to provide information or to produce documents for inspection); and

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

Punishment

(2) Every person who, or vessel that, commits an offence under subsection (1) is liable on summary conviction

    (a) if the offence is committed knowingly, to a fine of not more than $50,000 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 $25,000 or to imprisonment for a term of not more than six months, or to both.

PART 9

POLLUTION PREVENTION - DEPARTMENT OF TRANSPORT

Interpretation

Definitions

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

``discharge''
« rejet »

``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''
« ministre »

``Minister'' means the Minister of Transport.

``pollutant''
« polluant »

``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.

Application

Application

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

Exclusion

(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.

Definition of ``oil'' and ``gas''

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

Pollution Incidents

Discharge of pollutant prohibited

189. 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.

Implemen-
tation of oil pollution emergency plan

190. 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.

Directions to Vessels

Powers in case of discharge

191. 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 169(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.