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Publication
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(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.
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Notice and
consultation
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(5) Before issuing the permit, the Minister
shall
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Notice
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(6) The Minister shall inform the Interna
tional Maritime Organization of any action
taken under this section.
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Conditions of
permit
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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:
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Duration of
permit
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(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.
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Powers to
suspend,
revoke or
vary permit
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(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.
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Exception for Safety Reasons
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Exception
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130. (1) Notwithstanding the other provi
sions of this Division, a person may dispose of
a substance if
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Danger to be
minimized
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(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.
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Negligence
not a defence
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(3) Subsection (1) does not apply if the
danger was caused or contributed to by the
person's negligent act or omission.
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Duty to report
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(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.
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Fisheries Act
not applicable
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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.
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Site Monitoring
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Monitoring of
sites
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132. The Minister shall monitor sites se
lected by the Minister that are used for
disposal or incineration at sea.
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Publication
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Publication in
the Canada
Gazette
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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.
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Publication
before
disposal or
loading
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(2) Publication under subsection (1) shall be
made
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Notice of Objection
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Notice of
objection
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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
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Time for
filing notice
of objection
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(2) A notice of objection under subsection
(1) shall be filed within 10 days after
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Regulations
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Regulations
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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
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Amendments
to Schedules
V and VI
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(2) The Governor in Council may, on the
recommendation of the Minister, by order,
amend Schedules V and VI.
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Costs and Expenses of the Crown
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Costs and
expenses
recoverable
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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.
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Service of Documents
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Manner of
service
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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,
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DIVISION IV |
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FUELS |
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Interpretation
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Definition of
``national
fuels mark''
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138. In this Division, ``national fuels mark''
means a mark established by regulation for
use in respect of fuels.
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General Requirements for Fuels
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Prohibition
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139. (1) No person shall produce, import or
sell a fuel that does not meet the requirements
of the regulations.
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Exceptions
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(2) A person does not contravene subsec
tion (1) if
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Regulations
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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
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Significant
contribution
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(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
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Variations in
fuels
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(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.
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National Fuels Marks
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Nature of
mark
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141. (1) The national fuels marks are
national trade-marks.
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Property
rights
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(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.
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Prohibition
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142. (1) No person shall use a national fuels
mark except in accordance with this Division
and the regulations.
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