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| Regulations
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192. (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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(a) prescribing pollutants for the purpose of
sections 189 and 191 and respecting the
circumstances in which such pollutants
may be discharged;
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(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;
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(c) respecting the carrying of pollutants on
board a vessel, whether as cargo or fuel;
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(d) respecting the control and prevention of
pollution of the air by vessels;
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(e) respecting reception facilities for oily
residues, chemical residues, garbage and
sewage;
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(f) respecting the control and management
of ballast water;
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(g) for preventing or reducing the release by
vessels into Canadian 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;
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(h) respecting the design, construction,
manufacture and maintenance of vessels or
classes of vessels;
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(i) specifying the machinery, equipment
and supplies that must be on board vessels
or classes of vessels;
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(j) respecting the design, construction,
manufacture, maintenance, storage,
testing, arrangement and use of vessels' or
classes of vessels' machinery, equipment
and supplies;
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(k) respecting the requirements that vessels,
or classes of vessels, and their machinery
and equipment must meet;
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(l) requiring the obtaining of certificates
certifying that any of the requirements
referred to in paragraph (k) are met; and
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(m) respecting inspections and the testing of
vessels, or classes of vessels, and their
machinery, equipment and supplies.
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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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Contraven-
tion of Act or
regulations
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193. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
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(a) section 189 (discharge of a pollutant);
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(b) section 190 (implement shipboard oil
pollution emergency plan); and
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(c) a direction given under subparagraph
191(d)(i) (proceed to a place and unload a
pollutant).
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| Punishment
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(2) Every person or vessel that commits an
offence under subsection (1) is liable
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(a) on conviction on indictment,
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(i) if the offence is committed knowingly,
to a fine of not more than $1,000,000 or
to imprisonment for a term of not more
than three years, or to both, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$500,000 or to imprisonment for a term
of not more than three years, or to both;
and
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(b) on summary conviction,
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(i) if the offence is committed knowingly,
to a fine of not more than $500,000 or to
imprisonment for a term of not more than
two years, or to both, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$250,000 or to imprisonment for a term
of not more than two years, 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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(a) the harm or risk of harm caused by the
offence;
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(b) an estimate of the total costs of clean-up,
of harm caused, and of the best available
mitigation measures;
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(c) the remedial action taken, or proposed to
be taken, by the offender to mitigate the
harm;
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(d) whether the discharge or anticipated
discharge was reported in accordance with
the regulations made under paragraph
192(1)(b);
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(e) whether the offence was deliberate or
inadvertent;
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(f) the incompetence, negligence or lack of
concern of the offender;
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(g) any precautions taken by the offender to
avoid the offence;
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(h) any economic benefits accruing to the
offender that, but for the offence, the
offender would not have received; and
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(i) 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.
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Contraven-
tion of
regulations
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194. Every person who, or vessel that,
contravenes a provision of the regulations
made under this Part commits an offence and
is liable
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(a) on conviction on indictment,
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(i) if the offence is committed knowingly,
to a fine of not more than $1,000,000 or
to imprisonment for a term of not more
than three years, or to both, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$500,000 or to imprisonment for a term
of not more than three years, or to both;
and
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(b) on summary conviction,
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(i) if the offence is committed knowingly,
to a fine of not more than $500,000 or to
imprisonment for a term of not more than
two years, or to both, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$250,000 or to imprisonment for a term
of not more than two years, or to both.
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Contraven-
tion of
directions
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195. (1) Every vessel commits an offence
that contravenes
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(a) a direction given under paragraph
191(a) or (b) (to provide information);
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(b) a direction given under paragraph
191(c) (to proceed by a specified route); or
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(c) a direction given under subparagraph
191(d)(ii) (to proceed to a place and remain
there).
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| Punishment
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(2) Every vessel that commits an offence
under subsection (1) is liable
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(a) on conviction on indictment,
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(i) if the offence is committed knowingly,
to a fine of not more than $250,000 or to
imprisonment for a term of not more than
two years, or to both, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$125,000 or to imprisonment for a term
of not more than one year, or to both; and
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(b) on summary conviction,
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(i) if the offence is committed knowingly,
to a fine of not more than $250,000, and
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(ii) if the offence is committed
negligently, to a fine of not more than
$125,000.
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| Court orders
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196. 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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(a) prohibiting the offender from
performing any act or engaging in any
activity that may result in the continuation
or repetition of the offence;
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(b) directing the offender to publish the
facts relating to the conviction;
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(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;
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(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
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(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.
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| Definitions
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197. 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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(a) a member of the Royal Canadian
Mounted Police;
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(b) a member of any harbour or river
police force;
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(c) a member of any provincial, county or
municipal police force; and
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(d) any person, or member of a class of
persons, designated by the Minister for
the purposes of this Part.
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``inspector''
« inspecteur »
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``inspector'' means a pleasure craft safety
inspector designated under section 198.
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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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| Appointment
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198. (1) The Minister may designate
persons or classes of persons as pleasure craft
safety inspectors.
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| Certificate
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(2) The Minister must furnish every
inspector with a certificate of designation as a
pleasure craft safety inspector authorizing the
inspector to carry out inspections under
sections 199 and 201.
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| Immunity
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(3) Inspectors are not personally liable for
anything they do or omit to do in good faith
under this Part.
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| Inspections -
general
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199. (1) An enforcement officer may
inspect a pleasure craft or any of its machinery
or equipment for the purpose of ensuring
compliance with any provision of this Part,
other than section 200, or the regulations
made under this Part, other than the
regulations made under paragraph 209(1)(f),
(h) or (i).
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| Inspections -
structural
integrity
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(2) An inspector may inspect a pleasure
craft or any of its machinery or equipment for
structural integrity and compliance with the
regulations made under any of paragraphs
209(1)(e) to (l).
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| Powers
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(3) Enforcement officers acting under
subsection (1) and inspectors acting under
subsection (2) may
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(a) stop or board the craft at any reasonable
time;
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(b) direct any person to put into operation or
cease operating any machinery or
equipment on the craft;
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(c) direct the operator of the craft not to
move it until the inspection is completed;
and
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(d) direct that the craft be moved to a safe
place if the officer or inspector has
reasonable grounds to believe that it does
not meet the requirements of this Part or
Part 5 or the regulations made under either
of those Parts and exposes the persons on
board to serious danger, and direct that it not
be operated until it meets those
requirements.
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| Duty to assist
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(4) The owner or person in charge of a
pleasure craft and every person on board shall
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(a) give an officer or inspector all
reasonable assistance to enable them to
carry out an inspection and exercise any
power conferred by this section; and
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(b) produce to an officer or inspector any
document, or provide them with any
information, that the officer or inspector
may reasonably require, for the
administration of this Part or Part 5 or the
regulations made under either of those
Parts.
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| Manufacturers
and importers
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200. (1) Every manufacturer, builder or
importer of a pleasure craft shall ensure that it
is constructed in accordance with the
regulations.
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| Vendors
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(2) No person shall sell a pleasure craft that
does not display a plate if required to do so by
the regulations made under paragraph
209(1)(h).
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| Powers
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201. (1) An inspector may, for the purpose
of ensuring that a manufacturer, importer or
vendor is in compliance with section 200,
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(a) enter any place, other than a
dwelling-house, where the inspector has
reasonable grounds to believe a pleasure
craft is located;
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(b) examine anything that the inspector
finds and take samples of it;
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(c) conduct any tests or analyses and take
any measurements;
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(d) inspect any books, records, electronic
data or other documents that the inspector
believes may contain information that is
relevant to the inspection;
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(e) use or cause to be used any computer
system in the place where the inspection is
being carried out to examine any data
contained in or available to the computer
system;
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(f) 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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(g) 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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