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(b) direct any person to provide reasonable
assistance or put into operation or cease
operating any machinery or equipment;
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(c) direct any person to provide any
information that the officer may reasonably
require in the administration of this Part;
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(d) direct any person to produce for
inspection, or for the purpose of making
copies or taking extracts, any log book or
other document;
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(e) take photographs and make video
recordings and sketches;
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(f) use or cause to be used any computer
system or data processing system at the
place to examine any data contained in, or
available to, the system;
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(g) reproduce or cause to be reproduced any
record from the data in the form of a
print-out or other intelligible output;
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(h) take any document or other thing from
the place where the inspection is being
carried out for examination or, in the case of
a document, copying; and
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(i) use or cause to be used any copying
equipment in the place where the inspection
is being carried out to make copies of any
documents.
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| Limitation
|
(2) Living quarters may not be entered
under subsection (1) unless they are entered
with the consent of the occupant or under the
authority of a warrant issued under subsection
(3).
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| Authority to
issue warrant
|
(3) On ex parte application, a justice, within
the meaning of section 2 of the Criminal Code,
may issue a warrant authorizing a pollution
prevention officer to enter living quarters,
subject to any conditions that may be specified
in the warrant, if the justice is satisfied by
information on oath that entry to the living
quarters
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(a) is necessary for any purpose related to
the carrying out of the officer's powers
under this Part; and
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(b) has been refused or there are reasonable
grounds for believing that it will be refused.
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| Use of force
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(4) No officer executing a warrant may use
force unless they are accompanied by a peace
officer and the use of force is specifically
authorized in the warrant.
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| Return of
documents
and things
|
(5) Documents or other things taken under
paragraph (1)(h) must be returned as soon as
feasible after they are no longer required for
the inspection or for any proceedings that may
result from it.
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| Detention
|
177. (1) If a pollution prevention officer
believes on reasonable grounds that an
offence under this Part has been committed by
or in respect of a vessel, the officer may make
a detention order in respect of the vessel.
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| Order to be in
writing
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(2) A detention order made under this
section must be in writing and be addressed to
every person empowered to grant clearance in
respect of the vessel.
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| Detention
order to be
served on
master
|
(3) Notice of a detention order made under
this section in respect of a vessel must be
served on the master
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(a) by delivering a copy of the notice
personally to the master; or
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(b) if service cannot reasonably be effected
in the manner provided in paragraph (a), by
leaving a copy of the notice with the person
who is, or appears to be, in charge of the
vessel or, if there is no such person, by
fixing a copy of the notice to a prominent
part of the vessel.
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| Contents of
notice
|
(4) The notice must
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(a) indicate the measures to ensure
compliance with this Part that must be taken
for the detention order to be rescinded; and
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(b) if an indictment has been preferred in
respect of the offence, indicate the amount
and form of security that, pending the
outcome of any proceedings related to the
indictment, must be deposited with the
Minister for the detention order to be
rescinded.
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| Foreign state
to be notified
|
(5) If a vessel in respect of which a detention
order is made under this section is registered
in a foreign state, that state is to be notified that
the order was made.
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| Rescission of
orders
|
(6) A pollution prevention officer must
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(a) rescind a detention order made under
this section if the officer is satisfied that the
measures indicated in the notice referred to
in subsection (4) have been taken and, if
applicable, security in the amount and form
indicated in the notice referred to in that
subsection has been deposited with the
Minister; and
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(b) notify, in the form and manner specified
by the Minister, the master and the persons
referred to in subsection (2) of the
rescission.
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| Duty of
persons
empowered to
give clearance
|
(7) No person to whom a detention order
made under this section is addressed shall,
after notice of the order is received by them,
grant clearance to the vessel in respect of
which the order was made unless they have
been notified that the order has been rescinded
under subsection (6).
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| Movement of
vessel
prohibited
|
(8) Subject to section 179, no person shall
move a vessel that is subject to a detention
order made under this section.
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| Liability for
expenses
|
(9) The authorized representative or, if
there is no authorized representative, the
owner of a vessel that is detained under this
section is liable for all expenses incurred in
respect of the detained vessel.
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| Return of
security
|
(10) The Minister, after proceedings in
respect of which security was deposited are
concluded,
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(a) may apply the security to reimburse Her
Majesty in right of Canada, either fully or
partially, if any of the expenses or any fine
has not been paid; and
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(b) is to return the security, or any part of it
that remains if it is applied under paragraph
(a), if all expenses and any fine imposed
have been paid.
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| Interference
with service
|
178. No person shall wilfully interfere with
the service of a notice of a detention order.
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| Direction to
move a
detained
vessel
|
179. The Minister may
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(a) on application made by the authorized
representative or, if there is no authorized
representative, the owner of a detained
vessel in the form and manner specified by
the Minister, permit the master to move it in
accordance with the directions of the
Minister;
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(b) on application made by the owner of a
dock or wharf or by the person in charge of
a harbour at which a detained vessel is
situated in the form and manner specified
by the Minister, direct the person who is, or
appears to be, in charge of the vessel to
move the vessel in accordance with the
directions of the Minister; and
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(c) if a person to whom a direction is given
under paragraph (b) does not comply with
it and the Minister is satisfied that the
applicant for the direction has sufficient
insurance in place to cover any incident that
may arise from the moving of the vessel,
authorize the applicant to move the vessel
in accordance with the Minister's directions
and at the expense of the authorized
representative or, if there is no authorized
representative, the owner.
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| Minister may
take necessary
measures
|
180. (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
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(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;
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(b) monitor the measures taken by any
person to repair, remedy, minimize or
prevent pollution damage from the vessel or
oil handling facility; or
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(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.
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| 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.
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| 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).
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| Civil or
criminal
liability
|
181. (1) A person who is directed to take or
refrain from taking measures under paragraph
180(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.
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| 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.
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| 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.
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| 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.
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| Regulations
|
182. 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
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(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;
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(b) respecting the issuance, amendment,
suspension, reinstatement, cancellation or
renewal of certificates referred to in section
169;
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(c) respecting the purposes for which fees
may be charged in relation to an
arrangement referred to in paragraph
167(1)(a) or 168(1)(a) and the manner in
which response organizations and persons
who make an application under subsection
169(1) must calculate proposed fees before
notifying the Minister of the fees under
subsection 170(1);
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(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
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(e) prescribing anything that by this Part is
to be prescribed.
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| Contravention
of Act
|
183. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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(a) paragraph 167(1)(a) (have an
arrangement);
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(b) paragraph 168(1)(a) (have an
arrangement);
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(c) paragraph 168(1)(e) (have procedures,
equipment and resources available for
immediate use);
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(d) paragraph 168(3)(a) (implement oil
pollution prevention plan);
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(e) paragraph 168(3)(b) (implement oil
pollution emergency plan);
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(f) paragraph 171(b) (have equipment and
resources at the site);
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(g) paragraph 171(e) (implement response
plan);
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(h) a direction given under paragraph
175(2)(a), (c) or (d) (direction resulting
from a discharge or possible discharge of
pollutant);
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(i) subsection 177(7) (giving clearance to
detained vessel);
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(j) subsection 177(8) (moving detained
vessel);
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(k) section 178 (wilfully interfering with
service of notice); or
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(l) a direction given under paragraph
180(1)(c) (to take measures or refrain from
doing so).
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| Punishment
|
(2) Every person who, 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 eighteen months, or to
both.
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|
| Contravention
of Act or
regulations
|
184. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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|
(a) paragraph 167(1)(b) (have a declaration
on board);
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(b) paragraph 168(1)(b) (have a declaration
on site);
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|
(c) paragraph 168(1)(c) (have oil pollution
prevention plan on site);
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(d) paragraph 168(1)(d) (have oil pollution
emergency plan on site);
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(e) paragraph 171(a) (have a response
plan);
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(f) paragraph 171(c) (provide or arrange for
training);
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(g) paragraph 171(d) (undertake and
participate in activities to evaluate response
plan);
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(h) paragraph 171(f) (provide information);
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(i) a direction given under paragraph
175(1)(a) (to provide information officer
considers appropriate);
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(j) a direction given under paragraph
175(1)(b) (to proceed by a route and not in
excess of a speed);
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(k) a direction given under paragraph
175(1)(c) (to provide information relating
to pollution plan);
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(l) a direction given under paragraph
175(1)(d) or (e) (to provide documents);
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(m) a direction given under paragraph
176(1)(b) (to provide reasonable
assistance);
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(n) a direction given under paragraph
176(1)(c) or (d) (to provide information or
to produce documents for inspection); and
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(o) 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 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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