An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act (S.C. 2005, c. 29)
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Assented to 2005-06-23
2001, c. 26CANADA SHIPPING ACT, 2001
22. The portion of paragraph 167(1)(b) of the Act before subparagraph (i) is replaced by the following:
(b) have on board a declaration, in the form specified by the Minister, that
23. The heading before section 174 and sections 174 and 175 of the Act are replaced by the following:
Pollution Prevention Officers and Pollution Response Officers
Marginal note:Designation of pollution prevention officers
174. (1) The Minister may designate any persons or classes of persons as pollution prevention officers in respect of oil handling facilities and response organizations and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part.
Marginal note:Certificate of designation
(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.
Marginal note:Immunity
(3) Pollution prevention officers are not personally liable for anything they do or omit to do in good faith under this Part.
Marginal note:Designation of pollution response officer
174.1 (1) The Minister of Fisheries and Oceans may designate any persons or classes of persons as pollution response officers in respect of discharges or threats of discharges and may limit in any manner that he or she considers appropriate the powers that the officers may exercise under this Part.
Marginal note:Certificate of designation
(2) The Minister of Fisheries and Oceans must furnish every pollution response 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.
Marginal note:Immunity
(3) Pollution response officers are not personally liable for anything they do or omit to do in good faith under this Part.
Marginal note:Powers of pollution prevention officers
175. A pollution prevention officer may
(a) direct the operator of an oil handling facility to provide him or her with any document that the operator is required to have on site under this Part;
(b) direct a response organization to provide him or her with any document that the organization is required to have under this Part;
(c) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and
(d) inspect a response organization’s facilities to determine whether the organization’s equipment and resources meet the requirements of this Part.
Marginal note:Powers of pollution response officers — general
175.1 (1) A pollution response officer may
(a) direct a vessel, if it is about to enter or is within waters in respect of which this Part applies, to provide him or her with any information that he or she 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 he or she believes on reasonable grounds to be carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that he or she 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 to have on site under this Part; and
(e) direct a response organization to provide any document that the organization is required to have under this Part.
Marginal note:Powers — discharge of pollutant
(2) If the pollution response officer believes on reasonable grounds that a vessel might discharge, or might have discharged, a pollutant, he or she may
(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 he or she may specify;
(b) go on board and take samples of any substance that he or she believes to 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 he or she may specify, by the route and in the manner that he or she may specify, and to moor, anchor or remain there for any reasonable period that he or she may specify,
(ii) proceed out of waters in respect of which this Part applies, by the route and in the manner that he or she may specify, or
(iii) remain outside waters in respect of which this Part applies; and
(d) if he or she 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 he or she is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, the size of which is reasonable with regard to the seriousness of the situation, and
(i) direct any vessel within that emergency zone to report its position to him or her,
(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.
Marginal note:Disposition of samples
(3) An officer who takes a sample under paragraph (2)(b) may dispose of it in any manner that he or she considers appropriate or may submit it for analysis or examination to a person designated by the Minister.
Marginal note:Certificate or report
(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.
Marginal note:Certificate
(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.
Marginal note:Attendance of person
(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.
Marginal note:Notice
(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.
24. (1) The portion of subsection 176(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Assistance to officer
176. (1) For the purpose of exercising his or her powers under this Part, a pollution prevention officer or a pollution response officer may
(2) The portion of subsection 176(3) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note: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 or a pollution response 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
25. (1) Subsection 177(1) of the Act is replaced by the following:
Marginal note:Detention
177. (1) If a pollution response officer believes on reasonable grounds that an offence under this Part has been committed by or in respect of a vessel, he or she may make a detention order in respect of the vessel.
(2) Paragraph 177(4)(b) of the Act is replaced by the following:
(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 of Fisheries and Oceans for the detention order to be rescinded.
(3) Subsection 177(6) of the Act is replaced by the following:
Marginal note:Rescission of orders
(6) A pollution response officer must
(a) rescind a detention order made under this section if he or she 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 of Fisheries and Oceans; and
(b) notify, in the form and manner specified by the Minister of Fisheries and Oceans, the master and the persons referred to in subsection (2) of the rescission.
(4) The portion of subsection 177(10) of the Act before paragraph (a) is replaced by the following:
Marginal note:Return of security
(10) The Minister of Fisheries and Oceans, after proceedings in respect of which security was deposited are concluded,
26. Section 179 of the Act is replaced by the following:
Marginal note:Direction to move a detained vessel
179. The Minister of Fisheries and Oceans may
(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 of Fisheries and Oceans, permit the master to move it in accordance with the directions of the Minister of Fisheries and Oceans;
(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 of Fisheries and Oceans, 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 of Fisheries and Oceans; and
(c) if a person to whom a direction is given under paragraph (b) does not comply with it and the Minister of Fisheries and Oceans 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 of Fisheries and Oceans’ directions and at the expense of the authorized representative or, if there is no authorized representative, the owner.
27. Subsection 180(1) of the Act is replaced by the following:
Marginal note:Minister may take necessary measures
180. (1) If the Minister of Fisheries and Oceans believes on reasonable grounds that a vessel or an oil handling facility has discharged, is discharging or is likely to discharge a pollutant, he or she may
(a) take the measures that he or she considers necessary to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility, including, in the case of a vessel, the removal or destruction of the vessel and its contents, and may sell or otherwise dispose of the vessel and its contents;
(b) monitor the measures taken by any person to repair, remedy, minimize or prevent pollution damage from the vessel or oil handling facility; or
(c) if he or she considers it necessary to do so, direct any person or vessel to take measures referred to in paragraph (a) or to refrain from doing so.
28. Paragraph 183(1)(h) of the Act is replaced by the following:
(h) a direction given under paragraph 175.1(2)(a), (c) or (d) (direction resulting from a discharge or possible discharge of a pollutant);
29. The portion of the definition “pollutant” in section 185 of the Act after paragraph (b) is replaced by the following:
It includes oil and any substance or class of substances that is prescribed for the purpose of Part 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) to be a pollutant.
30. Section 189 of the Act is amended by adding the following after paragraph (a):
(a.1) direct a vessel that is required to have a shipboard oil pollution emergency plan under the regulations to provide him or her with any information concerning it and its implementation;
31. The definition “Minister” in section 194 of the Act is replaced by the following:
“Minister”
« ministre »
“Minister” means the Minister of Transport.
32. The definition “relevant provision” in section 210 of the Act is replaced by the following:
“relevant provision”
« disposition visée »
“relevant provision” means a provision of this Act or the regulations that the Minister is responsible for administering, other than
(a) subsection 40(1) with respect to a provision of regulations made under paragraph 35(1)(e) in relation to any of Parts 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft); and
(b) a provision of any of Parts 5 (Navigation Services), 7 (Wreck), 8 (Pollution Prevention and Response — Department of Transport and Department of Fisheries and Oceans) and 10 (Pleasure Craft) or a provision of any regulation made under any of those Parts, except a provision of the regulations made under paragraph 136(1)(f) in so far as it applies in respect of Canadian vessels or foreign vessels.
33. Subsection 252(1) of the Act is replaced by the following:
Marginal note:Proof of offence
252. (1) In a prosecution of a vessel for an offence under this Act, it is sufficient proof that the vessel has committed the offence to establish that the act or omission that constitutes the offence was committed by the master or any person on board, other than a person carrying out an inspection under this Act, a pollution prevention officer or a pollution response officer, whether or not the person on board has been identified.
2002, c. 18CANADA NATIONAL MARINE CONSERVATION AREAS ACT
34. Subsection 9(4) of the Canada National Marine Conservation Areas Act is replaced by the following:
Marginal note:Minister of Fisheries and Oceans
(4) Provisions of a management plan or an interim management plan respecting fishing, aquaculture and fisheries management are subject to an agreement between the Minister and the Minister of Fisheries and Oceans.
Marginal note:Minister of Transport and Minister of Fisheries and Oceans
(4.1) Provisions of a management plan or an interim management plan respecting marine navigation and marine safety are subject to an agreement between the Minister, the Minister of Transport and the Minister of Fisheries and Oceans.
35. Subsections 16(2) and (3) of the Act are replaced by the following:
Marginal note:Fisheries and aquaculture
(2) Regulations under this section respecting fisheries management and conservation or restricting or prohibiting fishing or aquaculture may be made only on the recommendation of the Minister and the Minister of Fisheries and Oceans.
Marginal note:Marine matters
(3) Regulations under this section restricting or prohibiting marine navigation or activities related to marine safety may be made only on the recommendation of the Minister and the Minister of Transport.
1996, c. 31OCEANS ACT
36. Paragraphs 41(1)(c) and (d) of the Oceans Act are replaced by the following:
(d) marine pollution response; and
COMING INTO FORCE
Marginal note:Order in council
37. The provisions of this Act, and the provisions of any Act as enacted by this Act, come into force on a day or days to be fixed by order of the Governor in Council.
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