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Bill C-35

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First Reading

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	Regulations
Regulations - Minister	165. (1) The Governor in Council may, on the recommendation of the Minister, make regulations
	(a) exempting any geographical area from the application of this Part; and
	(b) for carrying out the purposes and provisions of this Part.
Regulations - Minister and Minister of Canadian Heritage	(2) The Governor in Council may, on the joint recommendation of the Minister and the Minister of Canadian Heritage, make regulations
	(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.
Debt due to Her Majesty	(3) All fees and expenses set under paragraph (2)(g) and interest payable on those fees and expenses constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
	Offences and Punishment
Contraven- tion of Act or regulations	166. (1) Every person commits an offence who contravenes
	(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.
Punishment	(2) Every person who 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 $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.
Prosecutions	(3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.
	PART 8
	POLLUTION PREVENTION AND RESPONSE - DEPARTMENT OF FISHERIES AND OCEANS
	Interpretation
Definitions	167. The definitions in this section apply in this Part.
``discharge'' « rejet »	``discharge'' means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.
``Minister'' « ministre »	``Minister'' means the Minister of Fisheries and Oceans.
``oil'' « hydrocar- bures »	``oil'' means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products.
``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 this Part to be a pollutant.
``pollution damage'' « dommages dus à la pollution »	``pollution damage'', in relation to a vessel or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility.
``response organization'' « organisme d'interven- tion »	``response organization'' means a qualified person to whom the Minister issues a certificate of designation under subsection 171(1).
	Application
Application	168. (1) Except as otherwise provided in this Part, this Part applies in respect of vessels in Canadian waters or waters in the exclusive economic zone of Canada and in respect of oil handling facilities in Canada.
Exclusion	(2) This Part does not apply in respect of 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.
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.
	Discharges of Oil
Vessels - requirements	169. (1) Subject to subsection (2), every prescribed vessel or vessel of a prescribed class shall
	(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.
Certain provisions do not apply to certain vessels	(2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of a vessel that is in prescribed waters.
Exemption	(3) The Minister may exempt, subject to any conditions that the Minister considers appropriate, for a specified period any vessel, or class of vessels, that is en route through waters referred to in subsection 168(1) but is not en route to or departing from a port in Canada, from the application of any provision of this Part if the Minister is of the opinion that the provision is substantially similar to a provision of the laws of another state to which the vessel or class of vessels is subject.
Publication	(4) Notice of every exemption must be published in the Canada Gazette.
Oil handling facilities - requirements	170. (1) The operator of an oil handling facility of a prescribed class shall
	(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.
Certain provisions do not apply to prescribed classes	(2) Paragraph (1)(a) and subparagraphs (1)(b)(ii) and (iii) do not apply in respect of prescribed classes of oil handling facilities.
Duty to take reasonable measures - oil handling facilities	(3) The operator of an oil handling facility referred to in subsection (1) shall take reasonable measures to implement
	(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
Certificate of designation	171. (1) The Minister may, in respect of any geographic area and in respect of a prescribed quantity of oil, issue a certificate of designation as a response organization to a qualified person who makes an application.
Application	(2) An application for a certificate must be made in the form and manner, include the information and be accompanied by the documents specified by the Minister.
Further evidence	(3) In addition to the specified information and documents, the Minister may require that an applicant
	(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.
Period of validity	(4) Every certificate is valid for the period specified by the Minister.
Refusal to issue or renew	(5) The Minister may refuse to issue or renew a certificate if the Minister is of the opinion that the public interest and, in particular, the record of the applicant or of a principal of the applicant warrant it.
Suspension and cancellation	(6) The Minister may suspend or cancel a certificate in the circumstances and on the grounds set out in the regulations.
Statement of fees	172. (1) A response organization, or a qualified person who makes an application under subsection 171(1), must notify the Minister, in the form and manner and including the information and accompanied by the documents specified by the Minister, of the fees that they propose to charge in relation to an arrangement referred to in paragraph 169(1)(a) or 170(1)(a).
Notice	(2) A response organization, or a qualified person who makes an application under subsection 171(1), must give notice of the proposed fees in the prescribed manner.
Charging fees	(3) A response organization may not charge the fees before the expiry of 30 days after the notice is given.
Fee review	(4) On the application of any interested person in the prescribed manner within 30 days after the notice is given, the Minister is to review the reasonableness of the proposed fees.
Assistance	(5) The Minister may appoint a person to assist in the review. The person has all the powers of a commissioner under Part I of the Inquiries Act.
Order to amend or eliminate fee	(6) The Minister may, by order, amend or eliminate a fee reviewed under subsection (4). The order comes into effect on the first day that the fee is charged.
Notice of order	(7) The response organization affected by the order must give notice of it in the prescribed manner.
Prescribed procedures, equipment and resources	173. Every response organization shall
	(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).