63. The Act is amended by adding the following after section 168:

64. The Act is amended by adding the following after section 171:

Marginal note:2005, c. 29, s. 23

65. Section 174 of the Act and the heading before it are replaced by the following:

Marginal note:2005, c. 29, s. 23

66. Section 175 of the Act is repealed.

Marginal note:2005, c. 29, s. 24(1)

• 67. (1) The portion of subsection 176(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Powers of pollution response officer

  • 176. (1) For the purpose of exercising his or her powers under this Part, a pollution response officer may

• Marginal note:2005, c. 29, s. 24(2)(E)

  (2) The portion of subsection 176(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Authority to issue warrant

    (3) On ex parte application, a justice of the peace may issue a warrant authorizing 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

• 68. (1) Subsection 181(2) of the Act is replaced by the following:

  • Marginal note:Civil or criminal liability

    (2) Response organizations, their agents or mandataries, 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.

• (2) Subsection 181(4) of the Act is replaced by the following:

  • 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 or an oil handling facility, 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.

• 69. (1) Section 182 of the Act is amended by striking out “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (d.1) establishing classes of oil handling facilities and determining which of the requirements set out in sections 167.1 to 168.01 apply to the operators of, or to persons who propose to operate, oil handling facilities of each class;

  • (d.2) respecting oil pollution prevention plans and oil pollution emergency plans, including the time within which the plans shall be submitted to the Minister and the circumstances in which up-to-date plans shall be submitted to the Minister;

  • (d.3) respecting the procedures, equipment and resources referred to in paragraph 168(1)(e) and section 168.3;

  • (d.4) respecting the information and documents referred to in sections 167.1 and 167.3 and subsection 168.01(2), including the time within which the information and documents shall be submitted to the Minister; and

• (2) Section 182 of the Act is renumbered as subsection 182(1) and is amended by adding the following:

  • Marginal note:Designation

    (2) Despite the regulations, the Minister may designate an oil handling facility that is part of a class established by the regulations to be part of a different class established by the regulations or an oil handling facility that is not part of a class established by the regulations to be part of one of those classes.

  • Marginal note:Notification

    (3) The Minister shall notify the operator of an oil handling facility of any designation made in respect of it under subsection (2).

• 70. (1) Subsection 183(1) of the Act is amended by adding the following after paragraph (a):

  • (a.1) subsection 167.2(1) (submission of oil pollution prevention plan and oil pollution emergency plan);

  • (a.2) subsection 167.2(3) (prohibition against beginning operations);

  • (a.3) section 167.4 (submission of plans);

• (2) Subsection 183(1) of the Act is amended by adding the following after paragraph (b):

  • (b.1) paragraph 168(1)(c.1) (submission of up-to-date oil pollution prevention plan);

  • (b.2) paragraph 168(1)(d.1) (submission of up-to-date oil pollution emergency plan);

• (3) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):

  • (e.01) subsection 168.01(3) (revise plans);

  • (e.02) subsection 168.01(4) (prohibition against making changes);

• (4) Subsection 183(1) of the Act is amended by adding the following after paragraph (e):

  • (e.1) a direction given under section 168.1 (to update or revise plans);

  • (e.2) a direction given under paragraph 168.3(b) (to take measures);

• 71. (1) The portion of subsection 184(1) of the French version of the Act before paragraph (b) is replaced by the following:

  Marginal note:Contravention à la loi et aux règlements

  • 184. (1) Commet une infraction la personne ou le bâtiment qui contrevient :

    • a) à l’alinéa 167(1)b) (obligation d’avoir à bord une déclaration);

• (2) Subsection 184(1) of the Act is amended by adding the following after paragraph (a):

  • (a.1) section 167.1 (notification of proposed operations);

  • (a.2) subsection 167.2(2) (submission of information or documents);

  • (a.3) section 167.3 (notification of operations);

• (3) Paragraphs 184(1)(b) to (d) of the French version of the Act are replaced by the following:

  • b) à l’alinéa 168(1)b) (obligation d’avoir sur les lieux une déclaration);

  • c) à l’alinéa 168(1)c) (obligation d’avoir sur les lieux un plan de prévention);

  • d) à l’alinéa 168(1)d) (obligation d’avoir sur les lieux un plan d’urgence);

• (4) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):

  • (d.01) subsection 168.01(1) (notification of proposed change to operations);

  • (d.02) subsection 168.01(2) (submission of information or documents);

• (5) Subsection 184(1) of the Act is amended by adding the following after paragraph (d):

  • (d.1) a direction given under section 168.2 (to provide information);

• (6) Paragraph 184(1)(h) of the French version of the Act is replaced by the following:

  • h) à l’alinéa 171f) (obligation de fournir des renseignements);

• (7) Subsection 184(1) of the Act is amended by adding the following after paragraph (h):

  • (h.1) a direction given under section 171.1 (to provide documents);

• (8) Paragraphs 184(1)(i) to (l) of the Act are replaced by the following:

  • (i) a direction given under paragraph 175.1(1)(a) (to provide information officer considers appropriate);

  • (j) a direction given under paragraph 175.1(1)(b) (to proceed by a route and not in excess of a speed);

  • (k) a direction given under paragraph 175.1(1)(c) (to provide information relating to pollution plan);

  • (l) a direction given under paragraph 175.1(1)(d) or (e) (to provide documents);

• (9) Paragraphs 184(1)(m) to (o) of the French version of the Act are replaced by the following:

  • m) à un ordre donné en vertu de l’alinéa 176(1)b) (ordre de prêter assistance);

  • n) à un ordre donné en vertu des alinéas 176(1)c) ou d) (ordre de fournir des renseignements ou de remettre des documents);

  • o) à toute disposition d’un règlement d’application de la présente partie.

Marginal note:2005, c. 29, s. 32

72. The definition “relevant provision” in section 210 of the Act is replaced by the following:

• 73. (1) Subsection 211(2) of the Act is replaced by the following:

  • Marginal note:Living quarters

    (2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant, under the authority of a warrant issued under subsection (2.1) or for the purpose of ensuring that a vessel complies with a relevant provision.

  • Marginal note:Authority to issue warrant

    (2.1) On ex parte application, a justice of the peace may issue a warrant authorizing a marine safety inspector to enter living quarters, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that entry to the living quarters

    • (a) is necessary for any purpose related to the administration of a relevant provision of Part 8; and

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

  • Marginal note:Use of force

    (2.2) A marine safety inspector executing a warrant must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• (2) Paragraph 211(4)(a) of the Act is replaced by the following:

  • (a) direct any person to answer reasonable questions, provide reasonable assistance or put into operation or cease operating any machinery or equipment being inspected;

• (3) Paragraph 211(4)(e) of the Act is replaced by the following:

  • (d.1) direct the operator of an oil handling facility, or a person who proposes to operate an oil handling facility, to carry out any emergency or safety procedure that is required by the regulations or that is described in an oil pollution prevention plan or an oil pollution emergency plan referred to in Part 8;

  • (e) direct any person who is at the place where the inspection is being carried out to produce for inspection, or for the purpose of making copies or taking extracts, any document that they are required to have, or that the operator of an oil handling facility is required to have on site, under a relevant provision;

74. Section 228 of the Act is replaced by the following:

• 75. (1) Paragraph 244(f) of the Act is replaced by the following:

  • (f) designating as a violation that may be proceeded with in accordance with sections 229 to 242 the contravention of a relevant provision, or the contravention of a direction given under a relevant provision, that is an offence under this Act;

• (2) Section 244 of the Act is amended by adding the following after paragraph (h):

  • (i) respecting emergency and safety procedures for the purpose of paragraph 211(4)(d.1);

Marginal note:2005, c. 29, s. 33

76. Subsection 252(1) of the Act is replaced by the following:

77. Section 268.1 of the Act is replaced by the following:

1992, c. 31Consequential Amendment to the Coasting Trade Act

Marginal note:2001, c. 26, s. 290

78. Paragraph 3(2)(e) of the Coasting Trade Act is replaced by the following:

Coming into Force

Marginal note:Order in council

79. Sections 60 to 62 and 69 and subsections 70(1) to (3) and 71(2) and (4) come into force on a day or days to be fixed by order of the Governor in Council.