Marginal note:Contravention of Act or regulations

• 184. (1) Every person who, or vessel that, contravenes any of the following commits an offence:

  • (a) paragraph 167(1)(b) (have a declaration on board);

  • (b) paragraph 168(1)(b) (have a declaration on site);

  • (c) paragraph 168(1)(c) (have oil pollution prevention plan on site);

  • (d) paragraph 168(1)(d) (have oil pollution emergency plan on site);

  • (e) paragraph 171(a) (have a response plan);

  • (f) paragraph 171(c) (provide or arrange for training);

  • (g) paragraph 171(d) (undertake and participate in activities to evaluate response plan);

  • (h) paragraph 171(f) (provide information);

  • (i) a direction given under paragraph 175(1)(a) (to provide information officer considers appropriate);

  • (j) a direction given under paragraph 175(1)(b) (to proceed by a route and not in excess of a speed);

  • (k) a direction given under paragraph 175(1)(c) (to provide information relating to pollution plan);

  • (l) a direction given under paragraph 175(1)(d) or (e) (to provide documents);

  • (m) a direction given under paragraph 176(1)(b) (to provide reasonable assistance);

  • (n) a direction given under paragraph 176(1)(c) or (d) (to provide information or to produce documents for inspection); and

  • (o) a provision of the regulations made under this Part.

• Marginal note: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.

Marginal note:Definitions

185. The definitions in this section apply in this Part.

“discharge”

« rejet »

“discharge” means a discharge of a pollutant that directly or indirectly results in the pollutant entering waters, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“oil pollution incident”

« événement de pollution par les hydrocarbures »

“oil pollution incident” means an occurrence, or a series of occurrences having the same origin, that results or is likely to result in a discharge of oil.

“pollutant”

« polluant »

“pollutant” means

• (a) a substance that, if added to any waters, would degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans; and

• (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state, that it would, if added to any waters, degrade or alter or form part of a process of degradation or alteration of the quality of the waters to an extent that is detrimental to their use by humans or by an animal or a plant that is useful to humans.

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.