(c) be accompanied by the prescribed fees; and

    (d) subject to subsection (4), be accompa nied by evidence that notice of the applica tion was published in a newspaper circulat ing in the vicinity of the loading, disposal or incineration described in the application or in any other publication specified by the Minister.

Publication

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

Notice and consultation

(5) Before issuing the permit, the Minister shall

    (a) consult with any foreign state that is likely to be affected by the proposed disposal or incineration and with the In ternational Maritime Organization; and

    (b) endeavour to follow any recommenda tions that are received from the Internation al Maritime Organization.

Notice

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

Conditions of permit

129. (1) A Canadian permit shall contain such conditions as the Minister considers necessary in the interests 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 dispos al 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 incin eration;

    (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, dis posal or incineration of the substance; and

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

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.

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 VI or the establish ment of, or any report of, a board of review under section 333, the Minister considers it advisable to do so.

Exception for Safety Reasons

Exception

130. (1) Notwithstanding the other provi sions 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, 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.

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.

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.

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 inspec tor or any other person whom the Governor in Council may, by order, designate, at such location and in such manner as may be prescribed, and the report shall contain such information as may be prescribed.

Fisheries Act not applicable

131. If a person disposes of a substance in accordance with the conditions of a Canadian permit or section 130, subsection 36(3) of the Fisheries Act is not applicable.

Site Monitoring

Monitoring of sites

132. The Minister shall monitor sites se lected by the Minister that are used for disposal or incineration at sea.

Publication

Publication in the Canada Gazette

133. (1) When issuing a Canadian permit or varying its conditions, the Minister shall publish a copy of the permit and its conditions, or the varied conditions, in the Canada Gazette.

Publication before disposal or loading

(2) Publication under subsection (1) shall be made

    (a) in the case of a permit issued under subsection 128(2), as soon as possible after the permit is issued; and

    (b) in every other case, at least 10 days before the first date on which loading, disposal or incineration is authorized by the permit or by the varied conditions.

Notice of Objection

Notice of objection

134. (1) Any person may file with the Minister a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, if the Minister

    (a) issues or refuses a Canadian permit; or

    (b) suspends or revokes a Canadian permit or varies its conditions, otherwise than in accordance with the recommendations of a report of a board of review established under section 333 in respect of the permit.

Time for filing notice of objection

(2) A notice of objection under subsection (1) shall be filed within 10 days after

    (a) the date the Canadian permit is pub lished in the Canada Gazette; or

    (b) the date the person received a notice from the Minister that the Canadian permit has been refused, suspended or revoked, or that its conditions have been varied.

Regulations

Regulations

135. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division and Schedule VI, including regulations

    (a) for carrying out and giving effect to the provisions of the Convention or the Proto col;

    (b) prescribing the form of an application for a Canadian permit;

    (c) specifying the information required to be contained in an application for a Cana dian permit;

    (d) defining the expression ``Canadian platform or other structure'';

    (e) respecting the report referred to in subsection 130(4);

    (f) respecting the conduct of sampling, analyses, tests, measurements or monitor ing;

    (g) respecting the conditions, test proce dures and laboratory practices to be fol lowed for analysing, testing, measuring or monitoring;

    (h) respecting the monitoring of disposal sites;

    (i) specifying, for the purposes of paragraph 122(2)(e), areas of the sea adjacent to areas referred to in any of paragraphs 122(2)(a) to (d);

    (j) limiting the quantity or concentration of a substance contained in waste or other matter for disposal; and

    (k) prescribing any other thing that by this Division is to be prescribed.

Amendments to Schedules V and VI

(2) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedules V and VI.

Costs and Expenses of the Crown

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 estab lished to have been reasonably incurred in the circumstances, are recoverable by Her Majes ty in right of Canada from the person who committed the offence with costs in proceed ings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.

Service of Documents

Manner of service

137. Except where otherwise provided by any rules of the Federal Court that are applicable to proceedings arising out of this Division, any document that, for the purposes of any such proceedings, is to be served on a person may be served,

    (a) in any case, by delivering a copy of the document personally to the person to be served or, if the person cannot be found, by leaving a copy at the person's latest known address;

    (b) if the document is to be served on the master of a ship or on any other person employed on a ship and service cannot reasonably be effected in the manner pro vided in paragraph (a), by leaving a copy of the document for the master or other person on board the ship with the person who is, or appears to be, in command or charge of the ship;

    (c) if the document is to be served on the pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document with the person who is, or appears to be, in charge of the aircraft; and

    (d) if the document is to be served on a person in that person's capacity as owner or master of a ship or owner or pilot in command of an aircraft and service cannot reasonably be effected in the manner pro vided in paragraph (a) and the ship or aircraft is within an area of the sea referred to in any of paragraphs 122(2)(a) to (e) or in Canada, by leaving a copy of the document with any agent of the owner residing in Canada or, where no such agent is known or can be found, by affixing a copy of it to a prominent part of the ship or aircraft.

DIVISION IV

FUELS

Interpretation

Definition of ``national fuels mark''

138. In this Division, ``national fuels mark'' means a mark established by regulation for use in respect of fuels.

General Requirements for Fuels

Prohibition

139. (1) No person shall produce, import or sell a fuel that does not meet the requirements of the regulations.

Exceptions

(2) A person does not contravene subsec tion (1) if

    (a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit;

    (b) the fuel is produced or sold for export and there is written evidence establishing that the fuel will be exported;

    (c) subject to the regulations, the fuel is being imported and there is written evi dence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold; or

    (d) subject to the regulations, the fuel is being imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.

Regulations

140. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139, including regulations respecting

    (a) the concentrations or quantities of an element, component or additive in a fuel;

    (b) the physical or chemical properties of a fuel;

    (c) the characteristics of a fuel, based on a formula related to the fuel's properties or conditions of use;

    (d) the storage and handling of a fuel;

    (e) the keeping of books and records by persons who produce, sell or import fuel;

    (f) the auditing of the books and records and the submission of audit reports and copies of the books and records;

    (g) the submission, by persons who pro duce, import or sell fuel, of information regarding

      (i) the fuel and any element, component or additive contained in the fuel,

      (ii) any physical or chemical property of the fuel or any substance intended for use as an additive to the fuel,

      (iii) the adverse effects from the use of the fuel on the environment, on human life or health, on combustion technology or on emission control equipment, and

      (iv) the techniques that may be used to detect and measure elements, compo nents, additives and physical and chemi cal properties;

    (h) the conduct of sampling, analyses, tests, measurements or monitoring of fuels and additives and the submission of the results;

    (i) the submission of samples of fuels and additives; and

    (j) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, mea surements or monitoring.

Significant contribution

(2) The Governor in Council may make a regulation under any of paragraphs (1)(a) to (d) only if the Governor in Council is of the opinion that the regulation could make a significant contribution to the prevention of, or reduction in, air pollution resulting from

    (a) direct or indirect effects of the fuel; or

    (b) the fuel's effect on the operation, performance or introduction of combustion technology or emission control equipment.

Variations in fuels

(3) A regulation may distinguish among fuels according to their commercial designa tion, source, physical or chemical properties, class, conditions of use or place or time of year of use.

National Fuels Marks

Nature of mark

141. (1) The national fuels marks are national trade-marks.

Property rights

(2) The exclusive property in and, except as otherwise provided in this Division, the right to the use of the national fuels marks are hereby vested in Her Majesty in right of Canada.

Prohibition

142. (1) No person shall use a national fuels mark except in accordance with this Division and the regulations.