Canada Shipping Act, 2001

Marginal note:Powers — general

• 175 (1) A pollution prevention 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 the officer with any information that the officer 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 the officer believes on reasonable grounds is carrying a pollutant to proceed through those waters by the route, and at a speed not in excess of the speed, that the officer 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 under this Part to have on site;

  • (e) direct a response organization to provide any document that the organization is required under this Part to have;

  • (f) inspect an oil handling facility to determine whether its equipment and resources meet the requirements of this Part; and

  • (g) inspect the equipment and resources of a response organization to determine whether its equipment and resources meet the requirements of this Part.

• Marginal note:Powers — discharge of pollutant

  (2) If the pollution prevention officer believes on reasonable grounds that a vessel may discharge, or may have discharged, a pollutant, the officer 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 the officer may specify;

  • (b) go on board and take samples of any substance that the officer believes may 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 the officer may select, by the route and in the manner that the officer may direct, and to moor, anchor or remain there for any reasonable period that the officer may specify,

    • (ii) proceed out of waters in respect of which this Part applies by the route and in the manner that the officer may direct, or

    • (iii) remain outside waters in respect of which this Part applies; and

  • (d) if the officer 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 the officer is satisfied that a grave and imminent danger of a substantial discharge of a pollutant in those waters exists, declare an emergency zone, of an area that is reasonable with regard to the seriousness of the situation, and

    • (i) direct any vessel within that emergency zone to report its position to the officer,

    • (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 they consider appropriate or may submit it for analysis or examination to a person designated by the Minister of Transport under subsection 221(1).

• 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 analyst

  (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.