[37] Bill 15 As Amended by Standing Committee (PDF)
Bill 15
Bill 152000
An Act to regulate the discharge of ballast water in the Great Lakes
Preamble
There have been many exotic marine species introduced by accident in the Great Lakes system, with adverse consequences for native species and Ontario's fresh water environments. If ocean-going ships adhere to appropriate guidelines, such as the Great Lakes Ballast Water Control Guidelines of the Canadian Coast Guard, it should reduce the probability of additional non-native species being introduced, that can be harmful to the balance of nature that now exists.
Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. In this Act, "
ballast water control guidelines" means the guidelines prescribed by regulations made under section 5\; ("lignes directrices visant le contrle de l'eau de lest") "
Great Lakes system" includes the Great Lakes, any navigable waters connecting the Great Lakes and the St. Lawrence River. ("rseau des Grands Lacs")
Application
2. This Act applies with respect to ocean-going ships in the Great Lakes system that carry water as ballast.
Ships not to dock
3. (1)Subject to subsection (3), the master of a ship shall not dock the ship at a provincially or privately owned dock or wharf in the Great Lakes system if the ship has not complied with the ballast water control guidelines since it last entered the system.
Ships not permitted to dock
(2)Subject to subsection (3), no one who has the management or control of a provincially or privately owned dock or wharf shall permit a ship to dock there if the person has reasonable grounds to believe that the ship has not complied with the ballast water control guidelines since it last entered the Great Lakes System.
Emergency exception
(3)Subsections (1) and (2) do not apply if it is necessary for the ship to dock in order to avoid,
(a)danger to the health or safety of any person;
(b)impairment or immediate risk of impairment of the quality of the natural environment for any use that can be made of it; or
(c)injury or damage or immediate risk of injury or damage to any property.
b
Penalty: individuals
4. (1)Every individual who contravenes this Act is guilty of an offence and is liable,
(a)on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $20,000; and
(b)on each subsequent conviction,
(i)for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000,
(ii)imprisonment for a term of not more than one year, or
(iii)both such fine and imprisonment.
Penalty: corporations
(2)Every corporation that contravenes this Act is guilty of an offence and is liable,
(a)on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000; and
(b)on each subsequent conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $200,000.
Directors, officers' liability
(3)A director or officer of a corporation who caused, authorized, permitted or participated in an offence under this Act by the corporation is guilty of an offence and is liable,
(a)on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $20,000; and
(b)on each subsequent conviction,
(i)for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000,
(ii)to imprisonment for a term of not more than one year, or
(iii)to both such fine and imprisonment.y
Regulations
5. The Lieutenant Governor in Council may make regulations prescribing ballast water control guidelines for the purpose of this Act.
Crown bound
6. This Act binds the Crown.
Commencement
7.This Act comes into force on the day it receives Royal Assent.
Short title
8.The short title of this Act is the Great Lakes Environmental Protection Act, 2000.
EXPLANATORY NOTE
The Bill prohibits ocean-going ships on the Great Lakes system from docking in Ontario if they have not complied with ballast water control guidelines prescribed by regulations.