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PART 9 |
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POLLUTION PREVENTION - DEPARTMENT OF TRANSPORT |
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Interpretation |
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Definitions
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185. The definitions in this section apply in
this Part.
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``discharge'' « rejet »
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``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.
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``Minister'' « ministre »
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``Minister'' means the Minister of Transport.
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``oil pollution
incident'' « événement de pollution par les hydrocar- bures »
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``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.
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``pollutant'' « polluant »
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``pollutant'' means
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Application |
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Application
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186. (1) Subject to subsection (2), this Part
applies in respect of vessels in Canadian
waters or waters in the exclusive economic
zone of Canada.
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Exclusion
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(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.
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Definition of
``oil'' and
``gas''
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(3) In subsection (2), ``oil'' and ``gas'' have
the same meaning as in section 2 of the
Canada Oil and Gas Operations Act.
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Pollution Incidents |
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Discharge of
pollutant
prohibited
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187. No person or vessel shall discharge a
prescribed pollutant, except in accordance
with the regulations made under this Part or a
permit granted under Division 3 of Part 7 of
the Canadian Environmental Protection Act,
1999.
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Implementa- tion of oil pollution emergency plan
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188. If a vessel is required by the
regulations to have a shipboard oil pollution
emergency plan, the vessel shall take
reasonable measures to implement the plan in
respect of an oil pollution incident.
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Directions to Vessels |
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Powers in
case of
discharge
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189. If the Minister believes on reasonable
grounds that a vessel may discharge, or may
have discharged, a prescribed pollutant, the
Minister may
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Regulations |
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Regulations
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190. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations respecting the protection of the
marine environment, including regulations
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Application of
regulations
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(2) Regulations made under subsection (1)
apply in respect of vessels that are capable of
engaging in the drilling for, or the production,
conservation or processing of, oil or gas only
if the regulations so state and were made on
the joint recommendation of the Minister and
the Minister of Natural Resources.
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Offences and Punishment |
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Contraven- tion of Act or regulations
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191. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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Punishment
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(2) Every person or vessel that commits an
offence under subsection (1) is liable on
summary conviction to a fine of not more than
$1,000,000 or to imprisonment for a term of
not more than 18 months, or to both.
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Continuing
offence
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(3) If an offence under paragraph (1)(a) is
committed or continued on more than one day,
the person or vessel that committed it is liable
to be convicted for a separate offence for each
day on which it is committed or continued.
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Factors to be
considered
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(4) In determining the punishment under
subsection (2), the court may have regard to
the following factors:
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Contraven- tion of directions
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192. (1) Every vessel commits an offence
that contravenes
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Punishment
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(2) Every 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.
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Court orders
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193. If an offender is convicted of an
offence under this Part, in addition to
imposing any other punishment that may be
imposed under this Act, the court may, having
regard to the nature of the offence and the
circumstances surrounding its commission,
make an order having any or all of the
following effects:
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PART 10 |
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PLEASURE CRAFT |
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Interpretation |
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Definitions
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194. The definitions in this section apply in
this Part.
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``enforcement
officer'' « agent de l'autorité »
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``enforcement officer'' means
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``inspector'' « inspecteur »
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``inspector'' means a pleasure craft safety
inspector designated under subsection
195(1).
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``licence'' « permis »
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``licence'' means a licence issued for a
pleasure craft under this Part.
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``Minister'' « ministre »
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``Minister'' means the Minister of Fisheries
and Oceans.
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