Oceans Act — O-2.4 39.22
Compliance order 39.22 (1) If an enforcement officer has reasonable grounds to believe that a person is committing an offence under this Act — or is about to commit an offence under this Act — the enforcement officer may issue a compliance order directing any person described in subsection (3) to take, at their own expense, any of the measures referred to in subsection (4) that the enforcement officer believes are reasonable in the circumstances, and consistent with the protection and preservation of the marine environment and with public safety, in order to cease the commission of the offence or to refrain from committing it. Order to ship (2) For the purposes of subsection (1), an order is deemed to have been given to the ship and is binding on it, if (a) the order is given to the master or another officer, the authorized representative, the owner or the operator of the ship; or (b) in the case of an order that cannot be given to any person referred to in paragraph (a) despite reasonable efforts having been made to do so, the order is posted on any conspicuous part of the ship. Persons subject to compliance order (3) Subsection (1) applies to any person who causes or contributes to, or is likely to cause or contribute to, the offence. Specific measures (4) The compliance order may require that the person to whom it is directed take one or more of the following measures: (a) do anything to comply with this Act or the regulations; (b) refrain from doing anything in contravention of this Act or the regulations; (c) cease any activity for a specified period or until the enforcement officer is satisfied that the activity is in compliance with this Act and the regulations; (d) move any conveyance to a location by the route and in the manner that the enforcement officer specifies; (e) unload or reload the contents of any conveyance; and (f) take any other reasonable measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the marine environment damaged by the offence or to protect the components of the marine environment that would be put at risk if the offence were committed — including (i) maintaining records on any relevant matter, (ii) reporting periodically to the enforcement officer, and (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer that sets out any action to be taken by the person with respect to the subject-matter of the order. Contents of compliance order (5) Subject to section 39.23, the compliance order shall be made in writing and shall set out (a) the name of the person or persons to whom it is directed; (b) the provisions of this Act or the regulations, or the order made under subsection 35.1(2) or 36(1), that has been or that is about to be contravened; (c) the relevant facts surrounding the offence described in subsection (1); (d) the measures to be taken; and (e) the time or the day when each measure is to begin or the period during which it is to be carried out. Statutory Instruments Act (6) A compliance order is not a statutory instrument for the purposes of the Statutory Instruments Act . 2019, c. 8, s. 11