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Arctic Waters Pollution Prevention Act (R.S.C., 1985, c. A-12)

Act current to 2020-09-09 and last amended on 2019-08-07. Previous Versions

Shipping Safety Control Zones (continued)

Marginal note:Destruction or removal of ships or their contents

  •  (1) Where the Governor in Council believes on reasonable grounds that waste is being deposited or is likely to be deposited in the arctic waters by a ship that is within those waters and is in distress, stranded, wrecked, sunk or abandoned, the Governor in Council may cause the ship or any cargo or other material on board the ship to be destroyed, if necessary, or to be removed if possible to such place and sold in such manner as the Governor in Council may direct.

  • Marginal note:Application of proceeds of sale

    (2) The proceeds from the sale of a ship or any cargo or other material pursuant to subsection (1) shall be applied towards meeting the expenses incurred by the Government of Canada in removing and selling the ship, cargo or other material, and any surplus shall be paid to the owner of that ship, cargo or other material.

  • R.S., c. 2(1st Supp.), s. 13

Enforcement

Marginal note:Pollution prevention officers

  •  (1) The Governor in Council may designate any person as a pollution prevention officer with such of the powers set out in sections 15 and 23 as are specified in the certificate of designation of that person.

  • Marginal note:Certificate to be produced

    (2) A pollution prevention officer shall be furnished with a certificate of his designation specifying the powers set out in sections 15 and 23 that are vested in the officer, and on exercising any such power a pollution prevention officer shall, if so required, produce the certificate to any person in authority who is affected thereby and who requires the officer to do so.

  • R.S., c. 2(1st Supp.), s. 14

Marginal note:Powers of pollution prevention officers

  •  (1) Subject to subsection (3), a pollution prevention officer may at any reasonable time

    • (a) enter any area, place or premises occupied by any person described in paragraph 8(1)(a) or (b) in which the officer believes on reasonable grounds that

      • (i) there is any waste that may be or has been deposited in the arctic waters or on the mainland or islands of the Canadian arctic under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters in contravention of subsection 4(1), or

      • (ii) there is being or has been carried on any activity that may result in or has resulted in waste that may be or has been so deposited;

    • (b) examine any waste found in that area, place or premises in bulk or open any container found therein that the officer believes on reasonable grounds contains any waste and take samples thereof; and

    • (c) require any person in that area, place or premises to produce for inspection or for the purpose of obtaining copies or extracts any books or other documents or papers concerning any matter relevant to the administration of this Act or the regulations.

  • Marginal note:Powers in relation to works

    (2) Subject to subsection (3), a pollution prevention officer may at any reasonable time

    • (a) enter any area, place or premises in which any construction, alteration or extension of a work described in subsection 10(2) is being carried on; and

    • (b) conduct such inspections of the work being constructed, altered or extended as the officer deems necessary in order to determine whether any plans and specifications provided to the Governor in Council, and any modifications required by the Governor in Council, are being complied with.

  • Marginal note:Exception where ship or dwelling-place

    (3) No pollution prevention officer may, pursuant to paragraph (1)(a) or (2)(a), enter a ship, a private dwelling-place or any part of any area, place or premises other than a ship that is designed to be used and is being used as a permanent or temporary private dwelling-place.

  • Marginal note:Powers in relation to ships

    (4) A pollution prevention officer may

    • (a) board any ship that is within a shipping safety control zone and conduct such inspections thereof as will enable the officer to determine whether the ship complies with standards prescribed by any regulations made under section 12 that are applicable to it within that shipping safety control zone;

    • (b) order any ship that is in or near a shipping safety control zone to proceed outside the zone in such manner as the officer may direct, to remain outside the zone or to anchor in a place selected by the officer, if

      • (i) the officer suspects, on reasonable grounds, that the ship fails to comply with standards prescribed by any regulations made under section 12 that are or would be applicable to it within that shipping safety control zone,

      • (ii) the ship is within the shipping safety control zone or is about to enter the zone in contravention of a regulation made under paragraph 12(1)(b) or (c), or

      • (iii) the officer is satisfied, by reason of weather, visibility, ice or sea conditions, the condition of the ship or its equipment or the nature or condition of its cargo, that such an order is justified in the interests of safety; and

    • (c) where the officer is informed that a substantial quantity of waste has been deposited in the arctic waters or has entered the arctic waters or where, on reasonable grounds, the officer is satisfied that a grave and imminent danger of a substantial deposit of waste in the arctic waters exists,

      • (i) order all ships within a specified area of the arctic waters to report their positions to the officer, and

      • (ii) order any ship to take part in the clean-up of the waste or in any action to control or contain the waste.

  • R.S., c. 2(1st Supp.), s. 15

Marginal note:Assistance to pollution prevention officers

 The owner or person in charge of any area, place or premises entered pursuant to subsection 15(1) or (2), the master of any ship boarded pursuant to paragraph 15(4)(a) and every person found in the area, place or premises or on board the ship shall give a pollution prevention officer all reasonable assistance to enable the officer to carry out his duties and functions under this Act and shall furnish the officer with any information he may reasonably require.

  • R.S., c. 2(1st Supp.), s. 16

Marginal note:Obstruction and false statements

 No person shall obstruct or hinder, or knowingly make a false or misleading statement either orally or in writing to, a pollution prevention officer while the officer is engaged in carrying out his duties or functions under this Act.

  • R.S., c. 2(1st Supp.), s. 17

Offences and Punishment

Marginal note:Contravention of subsection 4(1)

  •  (1) Any person who contravenes subsection 4(1) and any ship that contravenes that subsection is guilty of an offence and liable on summary conviction to a fine not exceeding, in the case of a person, five thousand dollars and, in the case of a ship, one hundred thousand dollars.

  • Marginal note:Continuing offences

    (2) Where an offence referred to in subsection (1) is committed by a person on more than one day or continued by him for more than one day, it shall be deemed to be a separate offence for each day on which it is committed or continued.

  • R.S., c. 2(1st Supp.), s. 18

Marginal note:Additional offences by persons

  •  (1) Any person who

    • (a) fails to make a report to a pollution prevention officer as and when required under subsection 5(1),

    • (b) fails to provide the Governor in Council with evidence of financial responsibility as and when required under subsection 8(1),

    • (c) fails to provide the Governor in Council with any plans and specifications required of the person under subsection 10(1), or

    • (d) constructs, alters or extends any work described in subsection 10(2)

      • (i) otherwise than in accordance with any plans and specifications provided to the Governor in Council in accordance with a requirement made under subsection 10(1), or with any such plans and specifications as required to be modified by any order made under subsection 10(3), or

      • (ii) contrary to any order made under subsection 10(3) prohibiting the carrying out of the construction, alteration or extension,

    is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Additional offences by ships

    (2) Any ship

    • (a) that navigates within a shipping safety control zone when the ship does not comply with standards prescribed by any regulations made under section 12 that are applicable to it within that shipping safety control zone,

    • (b) that navigates within a shipping safety control zone in contravention of a regulation made under paragraph 12(1)(b) or (c),

    • (c) that, having taken on board a pilot in order to comply with a regulation made under paragraph 12(1)(b), fails to comply with any reasonable directions given to it by the pilot in carrying out his duties,

    • (d) that fails to comply with any order of a pollution prevention officer under paragraph 15(4)(b) or (c) that is applicable to it,

    • (e) the master of which fails to make a report to a pollution prevention officer as and when required under subsection 5(2), or

    • (f) the master of which, or any person on board which, contravenes section 17,

    is guilty of an offence and liable on summary conviction to a fine not exceeding twenty-five thousand dollars.

  • Marginal note:Contravention of section 17

    (3) Any person, other than the master of a ship or any person on board a ship, who contravenes section 17 is guilty of an offence punishable on summary conviction.

  • R.S., c. 2(1st Supp.), s. 19
 
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