PART 9

POLLUTION PREVENTION - DEPARTMENT OF TRANSPORT

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 Part 8 (Pollution Prevention and Response - Department of Fisheries and Oceans) to be a pollutant.

Application

Pollution Incidents

Directions to Vessels

(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 167(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.

Regulations

(a) prescribing pollutants for the purpose of sections 187 and 189 and respecting the circumstances in which such pollutants may be discharged;

(b) respecting the circumstances in which persons on board vessels shall report discharges or anticipated discharges, the manner of making the reports and the persons to whom the reports shall be made;

(c) respecting the carrying of pollutants on board a vessel, whether as cargo or fuel;

(d) respecting the control and prevention of pollution of the air by vessels;

(e) respecting reception facilities for oily residues, chemical residues, garbage and sewage;

(f) respecting the control and management of ballast water;

(g) for preventing or reducing the release by vessels into waters of aquatic organisms or pathogens that, if released into those waters, could create hazards to human health, harm organisms, damage amenities, impair biological diversity or interfere with legitimate uses of the waters;

(h) respecting the design, construction, manufacture and maintenance of vessels or classes of vessels;

(i) specifying the machinery, equipment and supplies that must be on board vessels or classes of vessels;

(j) respecting the design, construction, manufacture, maintenance, storage, testing, arrangement and use of vessels' or classes of vessels' machinery, equipment and supplies;

(k) respecting the requirements that vessels, or classes of vessels, and their machinery and equipment must meet;

(l) requiring the obtaining of certificates certifying that any of the requirements referred to in paragraph (k) are met; and

(m) respecting inspections and the testing of vessels, or classes of vessels, and their machinery, equipment and supplies.

Offences and Punishment

(a) section 187 (discharge of a pollutant);

(b) section 188 (implement shipboard oil pollution emergency plan);

(c) a direction given under subparagraph 189(d)(i) (proceed to a place and unload a pollutant); and

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

(a) the harm or risk of harm caused by the offence;

(b) an estimate of the total costs of clean-up, of harm caused, and of the best available mitigation measures;

(c) the remedial action taken, or proposed to be taken, by the offender to mitigate the harm;

(d) whether the discharge or anticipated discharge was reported in accordance with the regulations made under paragraph 190(1)(b);

(e) any economic benefits accruing to the offender that, but for the offence, the offender would not have received; and

(f) 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.

(a) a direction given under paragraph 189(a) or (b) (to provide information);

(b) a direction given under paragraph 189(c) (to proceed by a specified route); or

(c) a direction given under subparagraph 189(d)(ii) (to proceed to a place and remain there).

(a) prohibiting the offender from performing 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 the conviction, any information with respect to the offender's activities that the court considers appropriate and just in the circumstances;

(d) in the case of a discharge, directing the offender to pay an amount for the purpose of conducting research into the ecological use and disposal of the pollutant in respect of which the offence was committed; and

(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.

PART 10

PLEASURE CRAFT

Interpretation

(a) a member of the Royal Canadian Mounted Police;

(b) a member of any harbour or river police force;

(c) a member of any provincial, county or municipal police force; and

(d) any person, or member of a class of persons, designated under subsection 196(1).