Annex G - Pollution Prevention Officer Appointments

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A. Purpose

This annex defines the policies and procedures associated with the appointment of pollution prevention officers.

B. Definitions

Training 
Refers to training that covers the powers delegated to a pollution prevention officer and may include the National Pollution Prevention Officer Training Course, the Atlantic Regional Pollution Prevention Officer Course, the National MTR Certification Training Program (Module 2 - Pollution Prevention) and the Aerial Surveillance PPO Training Course.

C. Offices of Primary Interest

For the purpose of this annex, inquiries may be addressed to, and issues of concern may be raised with either of these offices:

• Transport Canada: Director General, Marine Safety
• Fisheries & Oceans: Director General, Rescue & Environmental Response

D. International Convention, Legislation & Regulations

1. Under section 661 of the Canada Shipping Act ( CSA ),The Minister of Transport may designate any person as a pollution prevention officer with specified powers from sections 662 and 672. Pollution prevention officers enforce the provisions of Part XV and Part XVI of the CSA and the regulations made pursuant to these Parts, which include the provisions of Annex I and Annex II of MARPOL 73/78.
    
2. Under section 14 of the Arctic Waters Pollution Prevention Act ( AWPPA ), the Governor in Council may designate any person as a pollution prevention officer with specified powers from sections 15 and 23. Pollution prevention officers in Transport Canada and Fisheries and Oceans enforce the provisions of the AWPPA related to shipping and the regulations made pursuant to the AWPPA that deal with shipping.

E. Responsibilities and Authorities

1. Joint:
    
   1. In order to enforce the requirements of the AWPPA , Part XV and Part XVI of the CSA and regulations made pursuant to these Acts, officers in both Transport Canada and Fisheries and Oceans must be appointed as pollution prevention officers.
       
   2. In order to ensure that officers are both knowledgeable and proficient in their duties, suitable training is required. Officers being appointed for the first time will receive suitable training before being appointed and officers who are already appointed will receive suitable training and refresher courses. Each department will be responsible for the cost of training their respective personnel.
   
    
2. Transport Canada:
    
   1. Responsible for reviewing and approving all requests for Pollution Prevention appointments under the CSA .
   2. Responsible for processing appointments under the CSA and AWPPA and producing pollution prevention officer cards.
   3. Responsible for providing training for its pollution prevention officers.
   
    
3. Fisheries and Oceans:
    
   1. Responsible for identifying its officers requiring appointment as pollution prevention officers.
   2. Responsible for providing training for its pollution prevention officers.

F. Procedures and Consultation

1. Pollution prevention officer appointments shall be processed by Transport Canada. These appointments shall be made at least once a year to ensure that they are up-to-date.
    
2. Fisheries & Oceans shall submit lists of new, revoked or changed appointments. Information provided shall include the officer's name in full, the officer's position, the officer's business address or designator, the training completed, and the powers being requested. In the case of appointments under the CSA , the appointment may be made by title of office, rather than by the officer's name.
    
3. Appointments under the CSA are made by a Ministerial Order signed by the Deputy Minister of Transport Canada. Pollution prevention officer cards are signed by the Chairman of the Board of Steamship Inspection.
    
4. Appointments under the AWPPA will be made by an Order- in-Council submitted by the Minister of Transport Canada on behalf of both Ministries. In this instance, pollution prevention officers cards are signed by the Assistant Clerk of the Privy Council.
    
5. In all cases in which Fisheries & Oceans officers receive training with respect to Fisheries & Oceans responsibilities, Transport Canada agrees to appoint these officers as pollution prevention officers with appropriate powers pursuant to the CSA and AWPPA .

G. Signing Authorities

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