Marginal note:Contravention of Act or regulations

• 164. (1) Every person commits an offence who contravenes

  • (a) paragraph 155(1)(a) (report wreck);

  • (b) paragraph 155(1)(b) (take directed measures regarding wreck);

  • (c) section 157 (possessing, concealing, destroying or disposing of wreck); or

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

• Marginal note:Punishment

  (2) Every person who 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:Prosecutions

  (3) In a prosecution under this Part, it is not necessary to identify the wreck as the property of a particular person or as coming from a particular vessel.

Marginal note:Definitions

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

“discharge”

« rejet »

“discharge” means a discharge of a pollutant from a vessel, or a discharge of oil from an oil handling facility engaged in loading to or unloading from a vessel, that directly or indirectly results in the pollutant entering the water, and includes spilling, leaking, pumping, pouring, emitting, emptying, throwing and dumping.

“Minister”

« ministre »

“Minister” means the Minister of Transport.

“oil”

« hydrocarbures »

“oil” means petroleum in any form, including crude oil, fuel oil, sludge, oil refuse and refined products.

“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 this Part to be a pollutant.

“pollution damage”

« dommages dus à la pollution »

“pollution damage”, in relation to a vessel or an oil handling facility, means loss or damage outside the vessel or oil handling facility caused by contamination resulting from a discharge from the vessel or facility.

“response organization”

« organisme d’intervention »

“response organization” means a qualified person to whom the Minister issues a certificate of designation under subsection 169(1).