Bill C-14
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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).
|
|
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
|
|
|
|
|
|
|
|
Use of force
|
(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.
|
|
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.
|
|
|
Detention of Vessels |
|
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.
|
|
Order to be in
writing
|
(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.
|
|
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
|
|
|
|
|
|
|
|
Contents of
notice
|
(4) The notice must
|
|
|
|
|
|
|
|
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.
|
|
Rescission of
orders
|
(6) A pollution prevention officer must
|
|
|
|
|
|
|
|
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been notified that the order has been rescinded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).
|
|
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.
|
|
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.
|
|
Return of
security
|
(10) The Minister, after proceedings in
respect of which security was deposited are
concluded,
|
|
|
|
|
|
|
|
Interference
with service
|
178. No person shall wilfully interfere with
the service of a notice of a detention order.
|
|
Direction to
move a
detained
vessel
|
179. The Minister may
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Response Measures |
|
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
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
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).
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
|
Regulations |
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Offences and Punishment |
|
Contraven- tion of Act
|
183. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|
Contraven- tion of Act or regulations
|
184. (1) Every person who, or vessel that,
contravenes any of the following commits an
offence:
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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.
|
|