Arctic Waters Pollution Prevention Act — A-12 15
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. 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. 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. 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