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Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Act current to 2022-07-25 and last amended on 2021-05-01. Previous Versions

PART 7Controlling Pollution and Managing Wastes (continued)

DIVISION 3Disposal at Sea (continued)

Purpose

Marginal note:Purpose

 The purpose of this Division is to protect the marine environment, particularly by implementing the Convention and the Protocol.

  • 2005, c. 23, s. 19

Prohibitions

Marginal note:Imports for disposal in waters under Canadian jurisdiction

  •  (1) No person or ship shall import a substance for disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e).

  • Marginal note:Export for disposal in waters under foreign jurisdiction

    (2) No person or ship shall export a substance for disposal in an area of the sea under the jurisdiction of a foreign state or in its internal waters.

  • 1999, c. 33, s. 123
  • 2005, c. 23, s. 20

Marginal note:Loading in Canada for disposal at sea

  •  (1) No person shall, in Canada, load a substance onto any ship, aircraft, platform or other structure for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

    • (a) the substance is waste or other matter; and

    • (b) the loading is done in accordance with a Canadian permit.

  • Marginal note:Loading in Canada for disposal at sea

    (1.1) No ship shall, in Canada, load a substance onto itself for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

    • (a) the substance is waste or other matter; and

    • (b) the loading is done in accordance with a Canadian permit.

  • Marginal note:Responsibility of master and pilot in Canada

    (2) The master of a ship or pilot in command of an aircraft shall not permit a substance to be loaded onto their ship or aircraft in Canada for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

    • (a) the substance is waste or other matter; and

    • (b) the loading is done in accordance with a Canadian permit.

  • Marginal note:Responsibility of master and pilot outside Canada

    (3) The master of a Canadian ship or pilot in command of a Canadian aircraft shall not permit a substance to be loaded onto their ship or aircraft outside Canada for the purpose of disposal at sea.

  • Marginal note:Exception

    (4) Subsection (3) does not apply where

    • (a) the substance is waste or other matter;

    • (b) the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) or in an area of the sea that is under the jurisdiction of the foreign state where the substance is loaded;

    • (c) if the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) and the loading occurs in the territory of a foreign state that is a contracting party, the loading and disposal are done in accordance with a permit issued under the Convention or the Protocol by that state;

    • (d) if the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) and the loading occurs in the territory of a foreign state that is not a contracting party, the loading and disposal are done in accordance with a Canadian permit;

    • (e) if the disposal occurs in an area of the sea under the jurisdiction of a foreign state that is a contracting party, the loading and disposal are done in accordance with a permit issued under the Convention or the Protocol by that state; and

    • (f) if the disposal occurs in an area of the sea under the jurisdiction of a foreign state that is not a contracting party, the loading is done in accordance with a Canadian permit and the disposal is authorized by that state.

  • 1999, c. 33, s. 124
  • 2005, c. 23, s. 21

Marginal note:Disposal in waters under Canadian jurisdiction

  •  (1) No person or ship shall dispose of a substance in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

    • (a) the substance is waste or other matter; and

    • (b) the disposal is done in accordance with a Canadian permit.

  • Marginal note:Disposal from Canadian ship, etc., in waters that are not under the jurisdiction of any state

    (2) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless

    • (a) the substance is waste or other matter; and

    • (b) the disposal is done in accordance with a Canadian permit or, if the substance was loaded in the territory of a state that is a contracting party, a permit issued under the Convention or the Protocol by that state.

  • Marginal note:Disposal by Canadian ship in waters that are not under the jurisdiction of any state

    (2.1) No Canadian ship shall dispose of a substance in an area of the sea referred to in paragraph 122(2)(g) unless

    • (a) the substance is waste or other matter; and

    • (b) the disposal is done in accordance with a Canadian permit or, if the substance was loaded in the territory of a state that is a contracting party, a permit issued under the Convention or the Protocol by that state.

  • Marginal note:Disposal from Canadian ship, etc., in waters under foreign jurisdiction

    (3) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

    • (a) the substance is waste or other matter;

    • (b) the substance was loaded in the foreign state that has jurisdiction over that area;

    • (c) if the foreign state is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

    • (d) if the foreign state is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

  • Marginal note:Disposal by Canadian ship in waters under foreign jurisdiction

    (3.1) No Canadian ship shall dispose of a substance in an area of the sea referred to in paragraph 122(2)(f) unless

    • (a) the substance is waste or other matter;

    • (b) the substance was loaded in the foreign state that has jurisdiction over that area;

    • (c) if the foreign state is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

    • (d) if the foreign state is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

  • Marginal note:Disposal of Canadian ship, etc., in waters that are not under the jurisdiction of any state

    (4) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless the disposal is done in accordance with a Canadian permit.

  • Marginal note:Disposal of Canadian ship etc., in waters under foreign jurisdiction

    (5) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

    • (a) if the foreign state that has jurisdiction over that area is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

    • (b) if the foreign state that has jurisdiction over that area is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

  • Marginal note:Exception

    (6) This section does not apply in respect of any disposal that is authorized under the Canada Shipping Act, 2001.

  • 1999, c. 33, s. 125
  • 2005, c. 23, ss. 22, 50

Marginal note:Incineration

  •  (1) No person shall incinerate a substance on board a ship, a platform or another structure in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

    • (a) the substance is waste generated on board the ship, platform or other structure during normal operations; or

    • (b) the incineration is done in accordance with a permit issued under subsection 128(2).

  • Marginal note:Incineration by ship

    (1.1) No ship shall incinerate a substance on board the ship in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

    • (a) the substance is waste generated on board the ship during normal operations; or

    • (b) the incineration is done in accordance with a permit issued under subsection 128(2).

  • Marginal note:Incineration in waters under foreign jurisdiction, etc.

    (2) No person shall incinerate a substance on board a Canadian ship or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) or (g) unless

    • (a) the substance is waste generated on board the Canadian ship or the Canadian platform or other structure during normal operations; or

    • (b) the incineration is done in accordance with a permit issued under subsection 128(2).

  • Marginal note:Incineration by Canadian ship in waters under foreign jurisdiction

    (3) No Canadian ship shall, in an area of the sea referred to in paragraph 122(2)(f) or (g), incinerate a substance on board the ship unless

    • (a) the substance is waste generated on board the ship during normal operations; or

    • (b) the incineration is done in accordance with a permit issued under subsection 128(2).

  • 1999, c. 33, s. 126
  • 2005, c. 23, s. 23

Permits

Marginal note:Permit

  •  (1) The Minister may, on application, issue a permit authorizing the loading for disposal and disposal of waste or other matter and, subject to the regulations, renew it no more than four times.

  • Marginal note:Application

    (2) The application must

    • (a) be in the prescribed form;

    • (b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6;

    • (c) be accompanied by the prescribed fees; and

    • (d) be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading or disposal described in the application or in any other publication specified by the Minister.

  • Marginal note:Factors for consideration

    (3) Before issuing a permit under subsection (1) or renewing it, the Minister shall comply with Schedule 6 and shall take into account any factors that the Minister considers necessary.

  • 1999, c. 33, s. 127
  • 2012, c. 19, s. 157

Marginal note:Exception

  •  (1) Paragraphs 125(1)(a), (2)(a), (2.1)(a), (3)(a) and (3.1)(a) do not apply if a permit is issued under this section.

  • Marginal note:Permits for emergency disposal

    (2) The Minister may, on application, issue a permit to dispose of or incinerate a substance if the Minister is of the opinion that

    • (a) the disposal or incineration of a certain quantity of the substance is necessary to avert an emergency that poses an unacceptable risk relating to the environment or to human health; and

    • (b) there is no other feasible solution.

  • Marginal note:Application

    (3) An application for a permit must

    • (a) be in the prescribed form;

    • (b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6;

    • (c) be accompanied by the prescribed fees; and

    • (d) subject to subsection (4), be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading, disposal or incineration described in the application or in any other publication specified by the Minister.

  • Marginal note:Publication

    (4) The Minister may permit the publication referred to in paragraph (3)(d) to be made at any time after the application is made.

  • Marginal note:Consultation

    (5) The Minister shall

    • (a) offer to consult with any foreign state that is likely to be affected by the disposal or incineration and with the International Maritime Organization; and

    • (b) endeavour to follow any recommendations that are received from the International Maritime Organization.

  • Marginal note:Notice

    (6) The Minister shall inform the International Maritime Organization of any action taken under this section.

  • 1999, c. 33, s. 128
  • 2005, c. 23, s. 24

Marginal note:Conditions of permit

  •  (1) A Canadian permit shall contain any conditions that the Minister considers necessary for the protection of marine life, any legitimate uses of the sea or human life, including conditions relating to the following:

    • (a) the nature and quantity of the substance for loading, disposal or incineration;

    • (b) the method and frequency of the disposal or incineration authorized including, if necessary, the date or dates on which disposal or incineration is authorized;

    • (c) the manner of loading and stowing the substance authorized for disposal or incineration;

    • (d) the site at which disposal or incineration may take place;

    • (e) the route to be followed by the ship or aircraft transporting the substance to the disposal or incineration site;

    • (f) any special precautions to be taken respecting the loading, transporting, disposal or incineration of the substance; and

    • (g) the monitoring of the disposal, the incineration and the disposal site to determine the effects of the disposal on the environment and human life.

  • Marginal note:Duration of permit

    (2) A Canadian permit shall specify that it is valid for a particular date or dates or for a particular period that shall not exceed one year. For greater certainty, this subsection applies to each renewal of a permit issued under subsection 127(1).

  • Marginal note:Powers to suspend, revoke or vary permit

    (3) The Minister may suspend or revoke a Canadian permit or vary its conditions where, having regard to Schedule 6 or the establishment of, or any report of, a board of review under section 333, the Minister considers it advisable to do so.

  • 1999, c. 33, s. 129
  • 2012, c. 19, s. 158

Exception for Safety Reasons

Marginal note:Exception

  •  (1) Despite the other provisions of this Division, a person may dispose of a substance if

    • (a) it is necessary to avert a danger to human life or to a ship, an aircraft, a platform or another structure at sea in situations caused by stress of weather or in any other case that constitutes a danger to human life or a threat to a ship, an aircraft, a platform or another structure at sea;

    • (b) the disposal appears to be the only way of averting the danger or threat; and

    • (c) it is probable that the damage caused by the disposal would be less than would otherwise occur.

  • Marginal note:Danger to be minimized

    (2) Any disposal under subsection (1) shall be carried out in a manner that minimizes, as far as possible, danger to human life and damage to the marine environment.

  • Marginal note:Negligence not a defence

    (3) Subsection (1) does not apply if the danger was caused or contributed to by the person’s negligent act or omission.

  • Marginal note:Duty to report

    (4) If disposal takes place under subsection (1), the master of the ship, the pilot in command of the aircraft or the person in charge of the platform or other structure shall report the disposal without delay to an enforcement officer or any other person whom the Governor in Council may, by order, designate, at the location and in the manner that may be prescribed, and the report shall contain any information that may be prescribed.

  • 1999, c. 33, s. 130
  • 2005, c. 23, s. 25(E)
 
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