Deposit of Waste (continued)
Marginal note:Nature and limitation of liability
7 (1) The liability of any person pursuant to section 6 is absolute and does not depend on proof of fault or negligence, except that no person is liable pursuant to that section for any costs, expenses or actual loss or damage incurred by another person whose conduct caused any deposit of waste described in subsection 6(2), or whose conduct contributed to any such deposit of waste, to the degree to which that other person’s conduct contributed thereto.
Marginal note:Construction of reference to conduct
(2) For the purposes of subsection (1), a reference to any conduct of “another person” includes any wrongful act or omission by that other person or by any person for whose wrongful act or omission that other person is by law responsible.
Marginal note:Prohibited construction
(3) Nothing in this Act shall be construed as limiting or restricting any right of recourse or indemnity that a person liable pursuant to section 6 may have against any other person.
Marginal note:Limitation on liability of cargo owner
(4) Notwithstanding anything in this Act, no person is liable pursuant to section 6, either alone or jointly and severally with one or more other persons, by reason only that the person is the owner of all or any part of the cargo of a ship, if the person can establish that the cargo or that part thereof is of such a nature, or is of such a nature and is carried in such a quantity, that, if it and any other cargo of the same nature that is carried by that ship were deposited by that ship in the arctic waters, the deposit would not constitute a contravention of subsection 4(1).
- R.S., c. 2(1st Supp.), s. 7
Marginal note:Evidence of financial responsibility
(a) any person who engages in exploring for, developing or exploiting any natural resource on any land adjacent to the arctic waters or in any submarine area subjacent to the arctic waters,
(b) any person who carries on any undertaking on the mainland or islands of the Canadian arctic or in the arctic waters that will or is likely to result in the deposit of waste in the arctic waters or in any place under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters,
(c) any person, other than a person described in paragraph (a), who proposes to construct, alter or extend any work or works on the mainland or islands of the Canadian arctic or in the arctic waters that, on completion thereof, will form all or part of an undertaking described in paragraph (b), or
(d) the owner of any ship that proposes to navigate or that navigates within any shipping safety control zone specified by the Governor in Council and, subject to subsection 7(4), the owners of the cargo of any such ship,
to provide evidence of financial responsibility, in the form of insurance or an indemnity bond satisfactory to the Governor in Council, or in any other form satisfactory to the Governor in Council, in an amount determined in the manner prescribed by regulations made under section 9.
Marginal note:Persons entitled to claim against insurance or bond
(2) Evidence of financial responsibility in the form of insurance or an indemnity bond shall be in a form that will enable recovery, directly from the proceeds of the insurance or bond, by any person entitled pursuant to section 6 to claim against the person or persons giving that evidence.
- R.S., c. 2(1st Supp.), s. 8
Marginal note:Regulations respecting manner of determining limit of liability
9 (1) The Governor in Council may make regulations for the purposes of section 6 prescribing, in respect of any activity or undertaking engaged in or carried on by any person or persons described in paragraph 6(1)(a), (b) or (c), or in respect of any ship of which any such person is the owner or of all or part of whose cargo any such person is the owner, the manner of determining the limit of liability of any such person or persons pursuant to section 6.
Marginal note:Matters to be taken into account
(2) In the case of the owners of a ship and its cargo, the manner prescribed under subsection (1) shall take into account the size of the ship and the nature and quantity of the cargo carried or to be carried by it.
- R.S., c. 2(1st Supp.), s. 9
Plans and Specifications of Works
Marginal note:Plans and specifications to be provided
10 (1) Where any person proposes to construct, alter or extend any work described in subsection (2), the Governor in Council may require the person to provide the Governor in Council with a copy of such plans and specifications relating to the work as will enable the Governor in Council to determine whether the deposit of waste that will or is likely to occur if the construction, alteration or extension is carried out in accordance therewith would constitute a contravention of subsection 4(1).
Marginal note:Work to which plans and specifications to relate
(2) Subsection (1) applies in respect of any work on the mainland or islands of the Canadian arctic or in the arctic waters that, on completion thereof, will form all or part of an undertaking the operation of which will or is likely to result in the deposit of waste of any type in the arctic waters or in any place under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters.
Marginal note:Powers of Governor in Council
(3) If, after reviewing any plans and specifications provided to the Governor in Council under subsection (1) and affording to the person who provided those plans and specifications a reasonable opportunity to be heard, the Governor in Council is of the opinion that the deposit of waste that will or is likely to occur if the construction, alteration or extension is carried out in accordance with those plans and specifications would constitute a contravention of subsection 4(1), the Governor in Council may, by order, either
- R.S., c. 2(1st Supp.), s. 10
Shipping Safety Control Zones
Marginal note:Prescription of shipping safety control zones
11 (1) Subject to subsection (2), the Governor in Council may, by order, prescribe as a shipping safety control zone any area of the arctic waters that is specified in the order, and may, as the Governor in Council deems necessary, amend any such area.
Marginal note:Publication of proposed orders
(2) A copy of each order that the Governor in Council proposes to make under subsection (1) shall be published in the Canada Gazette and no order may be made under that subsection, based on any such proposal, except after the expiration of sixty days following publication of the proposal in the Canada Gazette.
- R.S., c. 2(1st Supp.), s. 11
Marginal note:Regulations relating to navigation in shipping safety control zones
12 (1) The Governor in Council may make regulations applicable to ships of any class specified therein, prohibiting any ship of that class from navigating within any shipping safety control zone specified therein
(a) unless the ship complies with standards prescribed by the regulations relating to
(i) hull and fuel tank construction, including the strength of materials used therein, the use of double hulls and the subdivision thereof into watertight compartments,
(ii) the construction of machinery and equipment, the electronic and other navigational aids and equipment and telecommunications equipment to be carried and the manner and frequency of maintenance thereof,
(iii) the nature and construction of propelling power and appliances and fittings for steering and stabilizing,
(iv) the manning of the ship, including the number of navigating and look-out personnel to be carried who are qualified in a manner prescribed by the regulations,
(v) with respect to any type of cargo to be carried, the maximum quantity thereof that may be carried, the method of stowage thereof and the nature or type and quantity of supplies and equipment to be carried for use in repairing or remedying any condition that may result from the deposit of any such cargo in the arctic waters,
(vi) the free-board to be allowed and the marking of load lines,
(vii) quantities of fuel, water and other supplies to be carried, and
(viii) the maps, charts, tide tables and any other documents or publications relating to navigation in the arctic waters to be carried;
(b) without the aid of a pilot, or of an ice navigator who is qualified in a manner prescribed by the regulations, at any time or during one or more periods of the year, if any, specified in the regulations, or without ice-breaker assistance of a kind prescribed by the regulations; and
(c) during one or more periods of the year, if any, specified in the regulations or when ice conditions of a kind specified in the regulations exist in that zone.
Marginal note:Orders exempting ships of foreign powers
(2) The Governor in Council may by order exempt from the application of any regulations made under subsection (1) any ship or class of ship that is owned or operated by a sovereign power, other than Canada, where the Governor in Council is satisfied that
(a) appropriate measures have been taken by or under the authority of that sovereign power to ensure the compliance of the ship with, or with standards substantially equivalent to, standards prescribed by regulations made under paragraph (1)(a) that would otherwise be applicable to it within any shipping safety control zone; and
(b) in all other respects all reasonable precautions have been or will be taken to reduce the danger of any deposit of waste resulting from the navigation of the ship within that shipping safety control zone.
Marginal note:Certificates evidencing compliance
(3) The Governor in Council may make regulations
(a) providing for the issue, to the owner or master of any ship that proposes to navigate within any shipping safety control zone specified therein, of a certificate evidencing, in the absence of any evidence to the contrary, the compliance of that ship with standards prescribed by regulations made under paragraph (1)(a) that are or would be applicable to it within that shipping safety control zone; and
(b) governing the use that may be made of any such certificate and the effect that may be given thereto for the purposes of any provision of this Act.
- R.S., c. 2(1st Supp.), s. 12
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