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

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

  • (a) require such modifications in those plans and specifications as the Governor in Council considers to be necessary; or

  • (b) prohibit the carrying out of the construction, alteration or extension.

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.

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.

Marginal note:Destruction or removal of ships or their contents

• 13 (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.

Enforcement

Marginal note:Pollution prevention officers

• 14 (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.

Marginal note:Powers of pollution prevention officers

• 15 (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.

Marginal note:Assistance to pollution prevention officers

16 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.

Marginal note:Obstruction and false statements

17 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.

Offences and Punishment

Marginal note:Contravention of subsection 4(1)

• 18 (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.

Marginal note:Additional offences by persons

• 19 (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.

Marginal note:Offence by employee or agent

• 20 (1) In a prosecution of a person for an offence under subsection 18(1), it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of, and that all due diligence to prevent its commission was exercised by, the accused.

• Marginal note:Proof of offence by ship

  (2) In a prosecution of a ship for an offence under this Act, it is sufficient proof that the ship has committed the offence to establish that the act or neglect that constitutes the offence was committed by the master of or any person on board the ship, other than a pollution prevention officer or a pilot taken on board in compliance with a regulation made under paragraph12(1)(b), whether or not the person on board the ship has been identified.

• Marginal note:Orders and directions deemed given to ship

  (3) For the purposes of any prosecution of a ship for failing to comply with any order or direction of a pollution prevention officer or pilot, any order given by the officer or any direction given by the pilot to the master or any person on board the ship shall be deemed to have been given to the ship.