An Act to amend the Migratory Birds Convention Act, 1994 and the Canadian Environmental Protection Act, 1999 (S.C. 2005, c. 23)
Full Document:
Assented to 2005-05-19
19. The Act is amended by adding the following after section 122:
Purpose
Marginal note:Purpose
122.1 The purpose of this Division is to protect the marine environment, particularly by implementing the Convention and the Protocol.
20. Section 123 of the Act is replaced by the following:
Marginal note:Imports for disposal in waters under Canadian jurisdiction
123. (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.
21. Section 124 of the Act is amended by adding the following after subsection (1):
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.
22. (1) The portion of subsection 125(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disposal in waters under Canadian jurisdiction
125. (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
(2) Section 125 of the Act is amended by adding the following after subsection (2):
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.
(3) Section 125 of the Act is amended by adding the following after subsection (3):
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.
(4) Section 125 of the Act is amended by adding the following after subsection (5):
Marginal note:Exception
(6) This section does not apply in respect of any disposal that is authorized under the Canada Shipping Act.
23. (1) Subsection 126(1) of the French version of the Act is replaced by the following:
Marginal note:Incinération dans les eaux relevant du Canada
126. (1) Il est interdit de procéder à l’incinération de substances sur un navire ou sur une plate-forme ou un autre ouvrage dans un espace visé à l’un des alinéas 122(2)a) à e), sauf s’il s’agit de déchets produits à leur bord au cours de leur utilisation normale ou que l’incinération est effectuée conformément à un permis délivré au titre du paragraphe 128(2).
(2) Section 126 of the Act is amended by adding the following after subsection (1):
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).
(3) Subsection 126(2) of the French version of the Act is replaced by the following:
Marginal note:Incinération dans les eaux relevant d’un État étranger
(2) Il est interdit de procéder à l’incinération de substances sur un navire canadien ou sur une plate-forme ou un autre ouvrage canadiens dans un espace visé aux alinéas 122(2)f) ou g), sauf s’il s’agit de déchets produits à leur bord au cours de leur utilisation normale ou que l’incinération est effectuée conformément à un permis délivré au titre du paragraphe 128(2).
(4) Section 126 of the Act is amended by adding the following after subsection (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).
24. Subsection 128(1) of the Act is replaced by the following:
Marginal note:Exception
128. (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.
25. Paragraph 130(1)(a) of the English version of the Act is replaced by the following:
(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;
26. Subsection 135(3) of the Act is amended by striking out the word “and” at the end of paragraph (a) and by adding the following after paragraph (b):
(c) specifying acts or omissions that constitute a disposal for the purposes of paragraph (g) of the definition “disposal” in subsection 122(1);
(d) specifying, for the purposes of paragraph (h) of the definition “disposal” in subsection 122(1), the operations that are deemed to be, or deemed not to be, the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure;
(e) specifying, for the purposes of subsections 125(1) to (3.1), disposals that are deemed to be, or deemed not to be, disposals of substances referred to in paragraph (h) of the definition “disposal” in subsection 122(1), which specifications may refer, among other things, to any quantity or concentration of any substance or to any place or area; and
(f) specifying, for the purposes of section 126, the operations that are deemed to be, or deemed not to be, normal operations of ships, including Canadian ships.
27. Section 136 of the English version of the Act is replaced by the following:
Marginal note:Costs and expenses recoverable
136. If the Minister directs an action to be taken by or on behalf of Her Majesty in right of Canada to remedy a condition or mitigate damage resulting from an offence under this Act that arises out of this Division, the costs and expenses of and incidental to taking that action, to the extent that they can be established to have been reasonably incurred in the circumstances, are recoverable by Her Majesty in right of Canada from the person or ship that committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.
28. Section 216 of the Act is amended by adding the following in alphabetical order:
“foreign national”
« étranger »
“foreign national” has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act.
29. The Act is amended by adding the following after section 216:
Definition of “ship that is not a Canadian ship”
216.1 (1) For the purpose of subsections 217(6), 218(16) and (17) and 220(5.1) and section 275.1, a “ship that is not a Canadian ship” does not include a ship that
(a) is not registered, listed or licensed under the Canada Shipping Act or under the laws of another state but is owned by one or more persons each of whom is
(i) a Canadian citizen,
(ii) in the case of a ship that is not required to be registered, listed or licensed under that Act, a person who is resident and domiciled in Canada, or
(iii) a corporation incorporated under the laws of Canada or a province, that has its principal place of business in Canada: or
(b) is not registered, listed or licensed under the Canada Shipping Act but is owned or operated by Her Majesty in right of Canada.
Definition of “committed in the course of enforcement of this Act”
(2) For the purpose of subsections 217(4) and 271.1(2), sections 275.1 and 278.1 and subsections 279(1) and (3), “committed in the course of enforcement of this Act” means committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control.
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