Bill C-14
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Application |
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Application
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166. (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.
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Exclusion
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(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.
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Definition of
``oil'' and
``gas''
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(3) In subsection (2), ``oil'' and ``gas'' have
the same meaning as in section 2 of the
Canada Oil and Gas Operations Act.
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Discharges of Oil |
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Vessels -
requirements
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167. (1) Subject to subsection (2), every
prescribed vessel or vessel of a prescribed
class shall
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Certain
provisions do
not apply to
certain vessels
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(2) Paragraph (1)(a) and subparagraphs
(1)(b)(ii) and (iii) do not apply in respect of a
vessel that is in prescribed waters.
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Exemption
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(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 166(1), from
the application of any provision of this Part if
the Minister is of the opinion that the vessel or
class of vessels is subject to a provision of the
laws of another state that provides for
standards that are equivalent to or stricter than
the standards provided for in the provision of
this Part.
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Publication
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(4) Notice of every exemption must be
published in the Canada Gazette.
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Oil handling
facilities -
requirements
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168. (1) The operator of an oil handling
facility of a prescribed class shall
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Certain
provisions do
not apply to
prescribed
classes
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(2) Paragraph (1)(a) and subparagraphs
(1)(b)(ii) and (iii) do not apply in respect of
prescribed classes of oil handling facilities.
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Duty to take
reasonable
measures -
oil handling
facilities
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(3) The operator of an oil handling facility
referred to in subsection (1) shall take
reasonable measures to implement
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Response Organizations |
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Certificate of
designation
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169. (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.
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Application
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(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.
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Further
evidence
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(3) In addition to the specified information
and documents, the Minister may require that
an applicant
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Period of
validity
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(4) Every certificate is valid for the period
specified by the Minister.
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Refusal to
issue or renew
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(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.
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Suspension
and
cancellation
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(6) The Minister may suspend or cancel a
certificate in the circumstances and on the
grounds set out in the regulations.
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Statement of
fees
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170. (1) A response organization, or a
qualified person who makes an application
under subsection 169(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
167(1)(a) or 168(1)(a).
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Notice
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(2) A response organization, or a qualified
person who makes an application under
subsection 169(1), must give notice of the
proposed fees in the prescribed manner.
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Charging fees
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(3) A response organization may not charge
the fees before the expiry of 30 days after the
notice is given.
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Fee review
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(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.
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Assistance
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(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.
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Order to
amend or
eliminate fee
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(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.
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Notice of
order
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(7) The response organization affected by
the order must give notice of it in the
prescribed manner.
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Prescribed
procedures,
equipment
and resources
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171. Every response organization shall
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Advisory Councils |
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Advisory
councils
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172. (1) The Minister may establish an
advisory council in respect of any geographic
area for the purpose of advising the Minister
with respect to this Part.
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Members
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(2) Each advisory council is to be composed
of no more than seven members who are
appointed to the council by the Minister and
who, in the Minister's opinion, can represent
the communities and interests potentially
affected by an oil spill in that area.
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Term
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(3) Each member of an advisory council is
to be appointed for a term of not more than
three years and is eligible for reappointment.
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President
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(4) An advisory council must elect one of its
members to be its president.
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Honoraria and
expenses
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(5) The members of an advisory council
may be paid the honoraria that the Minister
considers appropriate and may be paid any
reasonable travel, living and child care
expenses incurred by them when engaged on
the business of the council while absent from
their ordinary place of residence.
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Recommendat
ions
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(6) An advisory council is to advise and may
make recommendations to the Minister.
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Meetings in
public
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(7) Advisory council meetings must be
open to the public unless the council is
satisfied that a public meeting would not be in
the public interest, in which case the meeting
or any part of it may be held in private.
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Report to Parliament |
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Review and
report by
Minister
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173. Every five years, the Minister must
review the operation of sections 167 to 172
and have laid before each House of Parliament
a report setting out the results of the review.
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Pollution Prevention Officers |
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Designation
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174. (1) The Minister may designate any
persons or classes of persons as pollution
prevention officers in respect of vessels, oil
handling facilities, response organizations or
responses to discharges or threats of
discharges, and may limit in any manner the
Minister considers appropriate the powers that
the officer may exercise under this Part.
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Certificate of
designation
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(2) The Minister must furnish every
pollution prevention officer with a certificate
of designation and, if the officer's powers are
limited under subsection (1), the certificate
must specify the powers that the officer may
exercise.
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Immunity
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(3) Pollution prevention officers are not
personally liable for anything they do or omit
to do in good faith under this Part.
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Powers -
general
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175. (1) A pollution prevention officer may
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Powers -
discharge of
pollutant
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(2) If the pollution prevention officer
believes on reasonable grounds that a vessel
may discharge, or may have discharged, a
pollutant, the officer may
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Disposition of
samples
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(3) An officer who takes a sample under
paragraph (2)(b) may dispose of it in any
manner that they consider appropriate or may
submit it for analysis or examination to a
person designated by the Minister of
Transport under subsection 221(1).
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Certificate or
report
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(4) A person who has made an analysis or
examination may issue a certificate or report
that sets out the results of the analysis or
examination.
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Certificate
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(5) Subject to subsections (6) and (7), the
certificate or report is admissible in evidence
in any proceeding related to an offence under
this Part and, in the absence of any evidence
to the contrary, is proof of the statements
contained in the certificate or report without
proof of the signature or the official character
of the person appearing to have signed it.
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Attendance of
analyst
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(6) The party against whom the certificate
or report is produced may, with leave of the
court, require for the purposes of
cross-examination the attendance of the
person who issued it.
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Notice
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(7) The certificate or report may be
admitted in evidence only if the party who
intends to produce it has given to the party
against whom it is intended to be produced
reasonable notice of that intention, together
with a copy of the certificate or report.
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Assistance to
pollution
prevention
officer
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176. (1) For the purpose of exercising their
powers under this Part, a pollution prevention
officer may
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