Bill C-35

Advisory Councils

Report to Parliament

Pollution Prevention Officers

(a) direct a vessel, if it is about to enter or is within waters in respect of which this Part applies, to provide the officer with any information that the officer considers appropriate for the administration of this Part;

(b) direct any vessel that is within or about to enter waters in respect of which this Part applies and that the officer believes on reasonable grounds is carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that the officer may specify;

(c) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide information concerning it and its implementation;

(d) direct the operator of an oil handling facility to provide any document that the operator is required under this Part to have on site;

(e) direct a response organization to provide any document that the organization is required under this Part to have;

(f) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and

(g) inspect the equipment and resources of a response organization to determine whether its equipment and resources meet the requirements of this Part.

(a) 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 at a speed not in excess of the speed, that the officer may specify;

(b) go on board and take samples of any substance that the officer believes may be the pollutant;

(c) if the vessel is within or about to enter waters in respect of which this Part applies, direct the vessel to

(i) proceed to the place within waters in respect of which this Part applies that the officer may select, by the route and in the manner that the officer may direct, and to moor, anchor or remain there for any reasonable period that the officer may specify,

(ii) proceed out of waters in respect of which this Part applies by the route and in the manner that the officer may direct, or

(iii) remain outside waters in respect of which this Part applies; and

(d) if the officer is informed that a substantial quantity of a pollutant has entered or been discharged in waters in respect of which this Part applies, or if on reasonable grounds the officer is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, of an area that is reasonable with regard to the seriousness of the situation, and

(i) direct any vessel within that emergency zone to report its position to the officer,

(ii) direct any vessel not to enter or not to leave the emergency zone, and

(iii) direct any vessel within the emergency zone in respect of routes, speed limits and pilotage and equipment requirements.

(a) board any vessel or enter any premises or other place at any reasonable time;

(b) direct any person to provide reasonable assistance or put into operation or cease operating any machinery or equipment;

(c) direct any person to provide any information that the officer may reasonably require in the administration of this Part;

(d) direct any person to produce for inspection, or for the purpose of making copies or taking extracts, any log book or other document;

(e) take photographs and make video recordings and sketches;

(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;

(g) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output;

(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

(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.

(a) is necessary for any purpose related to the carrying out of the officer's powers under this Part; and

(b) has been refused or there are reasonable grounds for believing that it will be refused.

Detention of Vessels

(a) by delivering a copy of the notice personally to the master; or

(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.

(a) indicate the measures to ensure compliance with this Part that must be taken for the detention order to be rescinded; and

(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.

(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

(b) notify, in the form and manner specified by the Minister, the master and the persons referred to in subsection (2) of the rescission.

(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

(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.

(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;

(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

(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.