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

DIVISION 3Disposal at Sea

Interpretation

Marginal note:Definitions

• 122 (1) The definitions in this subsection apply in this Division and in Part 10.

  aircraft

  aircraft means a machine that is used or designed for navigation in the air, but does not include an air cushion vehicle. (aéronef)

  Canadian aircraft

  Canadian aircraft means an aircraft that is registered under an Act of Parliament. (aéronef canadien)

  Canadian permit

  Canadian permit means a permit that is issued under subsection 127(1) or 128(2). (permis canadien)

  Canadian ship

  Canadian ship means a ship that is registered under an Act of Parliament. (navire canadien)

  condition

  condition means, in respect of a permit, any term or condition of the permit. (Version anglaise seulement)

  contracting party

  contracting party means a state that is a contracting party to the Convention or the Protocol. (partie contractante)

  Convention

  Convention means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed by Canada on December 29, 1972, as amended from time to time. (Convention)

  disposal

  disposal means

  • (a) the disposal of a substance at sea from a ship, an aircraft, a platform or another structure,

  • (b) the disposal of dredged material into the sea from any source not mentioned in paragraph (a),

  • (c) the storage on the seabed, in the subsoil of the seabed or on the ice in any area of the sea of a substance that comes from a ship, an aircraft, a platform or another structure,

  • (d) the deposit of a substance on the ice in an area of the sea,

  • (e) the disposal at sea of a ship or aircraft,

  • (f) the disposal or abandonment at sea of a platform or another structure, and

  • (g) any other act or omission that constitutes a disposal under regulations made under paragraph 135(3)(c),

  but does not include

  • (h) a disposal of a substance that is incidental to or derived from 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, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea,

  • (i) the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol,

  • (j) the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal, or

  • (k) a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources. (immersion)

  incineration

  incineration means the combustion of a substance on board a ship, a platform or another structure at sea for the purpose of its thermal destruction. (incinération)

  master

  master means the person in command or charge of a ship, but does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act. (capitaine)

  owner

  owner, in relation to any ship, aircraft, platform or other structure, includes the person who has the possession or use, by law or contract, of the ship, aircraft, platform or other structure. (propriétaire)

  Protocol

  Protocol means the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended from time to time. (Protocole)

  ship

  ship includes a vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to its method or lack of propulsion, and includes an air cushion vehicle. (navire)

  structure

  structure means a structure that is made by a person. (Version anglaise seulement)

  waste or other matter

  waste or other matter means waste or other matter listed in Schedule 5. (déchets ou autres matières)

• Definition of sea

  (2) In this Division and in Part 10, sea means

  • (a) the territorial sea of Canada;

  • (b) the internal waters of Canada, excluding all the rivers, lakes and other fresh waters in Canada and the St. Lawrence River as far seaward as the straight lines drawn

    • (i) from Cap-des-Rosiers to the western-most point of Anticosti Island, and

    • (ii) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty-three degrees west;

  • (c) any exclusive economic zone that may be created by Canada;

  • (d) the arctic waters within the meaning of section 2 of the Arctic Waters Pollution Prevention Act;

  • (e) an area of the sea adjacent to the areas referred to in paragraphs (a) to (d) that is specified under paragraph 135(1)(g);

  • (f) an area of the sea under the jurisdiction of a foreign state, other than its internal waters; and

  • (g) an area of the sea, other than the internal waters of a foreign state, not included in the areas of the sea referred to in paragraphs (a) to (f).

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.

Prohibitions

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.

Marginal note:Loading in Canada for disposal at sea

• 124 (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.

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

  • (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.