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

Act current to 2019-07-01 and last amended on 2019-06-17. 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
 
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