Canadian Environmental Protection Act, 1999

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.