GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Arctic Waters Pollution Prevention Act — A-12
arctic waters means the internal waters of Canada and the waters of the territorial sea of Canada and the exclusive economic zone of Canada, within the area enclosed by the 60th parallel of north latitude, the 141st meridian of west longitude and the outer limit of the exclusive economic zone; however, where the international boundary between Canada and Greenland is less than 200 nautical miles from the baselines of the territorial sea of Canada, the international boundary shall be substituted for that outer limit; ( eaux arctiques )
Arctic Waters Pollution Prevention Act — A-12
ice-breaker means a ship specially designed and constructed for the purpose of assisting the passage of other ships through ice; ( brise-glace )
Arctic Waters Pollution Prevention Act — A-12
owner , in relation to a ship, includes any person having for the time being, either by law or by contract, the same rights as the owner of the ship with respect to the possession and use thereof; ( propriétaire )
Arctic Waters Pollution Prevention Act — A-12
pilot means a licensed pilot as defined in section 1.1 of the Pilotage Act ; ( pilote )
Arctic Waters Pollution Prevention Act — A-12
pollution prevention officer means a person designated as a pollution prevention officer pursuant to section 14; ( fonctionnaire compétent )
Arctic Waters Pollution Prevention Act — A-12
ship includes any description of vessel or boat used or designed for use in navigation without regard to method or lack of propulsion; ( navire )
Arctic Waters Pollution Prevention Act — A-12
shipping safety control zone means an area of the arctic waters prescribed as a shipping safety control zone by an order made under section 11; ( zone de contrôle de la sécurité de la navigation )
Arctic Waters Pollution Prevention Act — A-12 (a)
waste means (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, 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 other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water to the extent described in paragraph (a), and without limiting the generality of the foregoing, includes anything that, for the purposes of the Canada Water Act , is deemed to be waste. ( déchet )
Arctic Waters Pollution Prevention Act — A-12 2.1
Inconsistency with Marine Liability Act 2.1 In the event of an inconsistency between the provisions of this Act, or any regulation made under this Act, and the provisions of the Marine Liability Act , the provisions of that Act prevail to the extent of the inconsistency. R.S., 1985, c. 6 (3rd Supp.), s. 91; 1993, c. 36, s. 22; 2001, c. 6, s. 109; 2009, c. 21, s. 21
Arctic Waters Pollution Prevention Act — A-12 3
Application to arctic waters 3 (1) Except where otherwise provided, this Act applies to the arctic waters. Adjacent waters included in arctic waters (2) In so far as this Act applies to or in respect of any person described in paragraph 6(1)(a), the expression “arctic waters” includes all the waters described in the definition of that expression in section 2 and all waters adjacent thereto lying north of the sixtieth parallel of north latitude, the natural resources of whose subjacent submarine areas Her Majesty in right of Canada has the right to dispose of or exploit, whether the waters so described or those adjacent waters are in a frozen or liquid state, but does not include inland waters. R.S., c. 2(1st Supp.), s. 3
Arctic Waters Pollution Prevention Act — A-12 3.1
Incorporation as amended from time to time 3.1 (1) Regulations made under this Act incorporating standards by reference may incorporate them as amended from time to time. For greater certainty only (2) Subsection (1) is for greater certainty and does not limit any authority to make regulations incorporating material by reference that exists apart from it. 2001, c. 34, s. 4
Arctic Waters Pollution Prevention Act — A-12 4
Prohibition 4 (1) Except as authorized by regulations made under this section, no person or ship shall deposit or permit the deposit of waste of any type in the arctic waters or in any place on the mainland or islands of the Canadian arctic under any conditions where the waste or any other waste that results from the deposit of the waste may enter the arctic waters. Exception (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated pursuant to the Canada Water Act if the waste so deposited is of a type and quantity and is deposited under conditions authorized by regulations made under paragraph 18(2)(a) of that Act with respect to that water quality management area. Regulations (3) The Governor in Council may make regulations for the purposes of this section prescribing (a) the type and quantity of waste, if any, that may be deposited by any person or ship in the arctic waters or in any place 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; and (b) the conditions under which any such waste may be so deposited. R.S., c. 2(1st Supp.), s. 4
Arctic Waters Pollution Prevention Act — A-12 5
Report of deposit of waste or danger thereof 5 (1) Any person who (a) has deposited waste in contravention of subsection 4(1), or (b) carries on any undertaking on the mainland or islands of the Canadian arctic or in the arctic waters that, by reason of any accident or other occurrence, is in danger of causing any deposit of waste described in that subsection otherwise than of a type, in a quantity and under conditions prescribed by regulations made under section 4, shall forthwith report the deposit of waste or the accident or other occurrence to a pollution prevention officer at such location and in such manner as may be prescribed by the Governor in Council. Report by master of ship (2) The master of any ship that has deposited waste in contravention of subsection 4(1), or that is in distress and for that reason is in danger of causing any deposit of waste described in that subsection otherwise than of a type, in a quantity and under conditions prescribed by regulations made under section 4, shall forthwith report the deposit of waste or the condition of distress to a pollution prevention officer at such location and in such manner as may be prescribed by the Governor in Council. R.S., c. 2(1st Supp.), s. 5
Arctic Waters Pollution Prevention Act — A-12 7
Nature and limitation of liability 7 (1) The liability of any person pursuant to section 6 is absolute and does not depend on proof of fault or negligence, except that no person is liable pursuant to that section for any costs, expenses or actual loss or damage incurred by another person whose conduct caused any deposit of waste described in subsection 6(2), or whose conduct contributed to any such deposit of waste, to the degree to which that other person’s conduct contributed thereto. Construction of reference to conduct (2) For the purposes of subsection (1), a reference to any conduct of “another person” includes any wrongful act or omission by that other person or by any person for whose wrongful act or omission that other person is by law responsible. Prohibited construction (3) Nothing in this Act shall be construed as limiting or restricting any right of recourse or indemnity that a person liable pursuant to section 6 may have against any other person. Limitation on liability of cargo owner (4) Notwithstanding anything in this Act, no person is liable pursuant to section 6, either alone or jointly and severally with one or more other persons, by reason only that the person is the owner of all or any part of the cargo of a ship, if the person can establish that the cargo or that part thereof is of such a nature, or is of such a nature and is carried in such a quantity, that, if it and any other cargo of the same nature that is carried by that ship were deposited by that ship in the arctic waters, the deposit would not constitute a contravention of subsection 4(1). R.S., c. 2(1st Supp.), s. 7
Arctic Waters Pollution Prevention Act — A-12 8
Evidence of financial responsibility 8 (1) The Governor in Council may require (a) any person who engages in exploring for, developing or exploiting any natural resource on any land adjacent to the arctic waters or in any submarine area subjacent to the arctic waters, (b) any person who carries on any undertaking on the mainland or islands of the Canadian arctic or in the arctic waters that will or is likely to result in the deposit of waste 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, (c) any person, other than a person described in paragraph (a), who proposes to construct, alter or extend any work or works 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 described in paragraph (b), or (d) the owner of any ship that proposes to navigate or that navigates within any shipping safety control zone specified by the Governor in Council and, subject to subsection 7(4), the owners of the cargo of any such ship, to provide evidence of financial responsibility, in the form of insurance or an indemnity bond satisfactory to the Governor in Council, or in any other form satisfactory to the Governor in Council, in an amount determined in the manner prescribed by regulations made under section 9. Persons entitled to claim against insurance or bond (2) Evidence of financial responsibility in the form of insurance or an indemnity bond shall be in a form that will enable recovery, directly from the proceeds of the insurance or bond, by any person entitled pursuant to section 6 to claim against the person or persons giving that evidence. R.S., c. 2(1st Supp.), s. 8
Arctic Waters Pollution Prevention Act — A-12 9
Regulations respecting manner of determining limit of liability 9 (1) The Governor in Council may make regulations for the purposes of section 6 prescribing, in respect of any activity or undertaking engaged in or carried on by any person or persons described in paragraph 6(1)(a), (b) or (c), or in respect of any ship of which any such person is the owner or of all or part of whose cargo any such person is the owner, the manner of determining the limit of liability of any such person or persons pursuant to section 6. Matters to be taken into account (2) In the case of the owners of a ship and its cargo, the manner prescribed under subsection (1) shall take into account the size of the ship and the nature and quantity of the cargo carried or to be carried by it. R.S., c. 2(1st Supp.), s. 9
Arctic Waters Pollution Prevention Act — A-12 10
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). 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. 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. R.S., c. 2(1st Supp.), s. 10
Arctic Waters Pollution Prevention Act — A-12 11
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. 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 . R.S., c. 2(1st Supp.), s. 11
Arctic Waters Pollution Prevention Act — A-12 13
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. 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. R.S., c. 2(1st Supp.), s. 13
Arctic Waters Pollution Prevention Act — A-12 14
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. 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. R.S., c. 2(1st Supp.), s. 14
Arctic Waters Pollution Prevention Act — A-12 16
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. R.S., c. 2(1st Supp.), s. 16
Arctic Waters Pollution Prevention Act — A-12 17
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. R.S., c. 2(1st Supp.), s. 17
Arctic Waters Pollution Prevention Act — A-12 18
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. 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. R.S., c. 2(1st Supp.), s. 18
Arctic Waters Pollution Prevention Act — A-12 19
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. 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. 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. R.S., c. 2(1st Supp.), s. 19
Arctic Waters Pollution Prevention Act — A-12 20
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. 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. 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. R.S., c. 2(1st Supp.), s. 20
Arctic Waters Pollution Prevention Act — A-12 21
Certificate of analyst 21 (1) Subject to this section, a certificate purporting to be signed by an analyst and stating that the analyst has analyzed or examined a sample submitted by a pollution prevention officer to the analyst and stating the result of the analysis or examination is admissible in evidence in any prosecution for a contravention of subsection 4(1) and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. R.S., c. 2(1st Supp.), s. 21
Arctic Waters Pollution Prevention Act — A-12 22
Jurisdiction 22 (1) Where any person or ship is charged with having committed an offence under this Act, any court in Canada that would have had cognizance of the offence if it had been committed by a person within the limits of the ordinary jurisdiction of that court has jurisdiction to try the offence as if it had been so committed. Service on ship and appearance at trial (2) Where a ship is charged with having committed an offence under this Act, the summons may be served by leaving it with the master or any officer of the ship or by posting the summons on a conspicuous part of the ship, and the ship may appear by counsel or agent but, if it does not appear, a summary conviction court may, on proof of service of the summons, proceed ex parte to hold the trial. R.S., c. 2(1st Supp.), s. 22
Arctic Waters Pollution Prevention Act — A-12 23
Seizure of ship and cargo 23 (1) Where a pollution prevention officer suspects on reasonable grounds that (a) any provision of this Act or the regulations has been contravened by a ship, or (b) the owner of a ship or the owner of all or part of the cargo thereof has committed an offence under paragraph 19(1)(b), the officer may, with the consent of the Governor in Council, seize the ship and its cargo anywhere in the arctic waters or elsewhere in the territorial sea or internal or inland waters of Canada. Custody (2) Subject to subsection (3) and sections 24 to 26, a ship and cargo seized under subsection (1) shall be retained in the custody of the pollution prevention officer making the seizure or shall be delivered into the custody of such person as the Governor in Council directs. Perishable goods (3) Where all or any part of a cargo seized under subsection (1) is perishable, the pollution prevention officer or other person having custody of it may sell the cargo or the perishable portion, as the case may be, and the proceeds of the sale shall be paid to the Receiver General or shall be deposited in a bank, or an authorized foreign bank within the meaning of section 2 of the Bank Act , that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act, in respect of its business in Canada, to the credit of the Receiver General. R.S., 1985, c. A-12, s. 23; 1999, c. 28, s. 145