BILL C-32 - First Reading

	PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED SOURCES OF POLLUTION
Definitions	120. The definitions in this section apply in this Division.
``land- based sources'' « sources telluriques »	``land-based sources'' means point and diffuse sources on land from which substances or energy reach the sea by water, through the air or directly from the coast. It includes any sources under the sea bed made accessible from land by tunnel, pipeline or other means.
``marine pollution'' « pollution des mers »	``marine pollution'' means the introduction by humans, directly or indirectly, of substances or energy into the sea that results, or is likely to result, in
	(a) hazards to human health;
	(b) harm to living resources or marine ecosystems;
	(c) damage to amenities; or
	(d) interference with other legitimate uses of the sea.
Objectives, guidelines and codes of practice	121. (1) The Minister may, after consultation with any other affected minister, issue environmental objectives, release guidelines and codes of practice to prevent and reduce marine pollution from land-based sources.
Consultation and conferences	(2) To carry out the functions set out in subsection (1), the Minister
	(a) shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with any government department or agency or any person interested in the protection of the sea;
	(b) may organize conferences relating to the prevention or reduction of marine pollution from land-based sources; and
	(c) may meet with the representatives of international organizations and agencies and other countries to examine the rules, standards, practices and procedures recommended under the United Nations Convention on the Law of the Sea, signed by Canada on October 7, 1982.
	DIVISION 3
	DISPOSAL AT SEA
	Interpretation
Definitions	122. (1) The definitions in this subsection apply in this Division and in Part 10.
``aircraft'' « aéronef »	``aircraft'' means a machine that is used or designed for navigation in the air, but does not include an air cushion vehicle.
``Canadian aircraft'' « aéronef canadien »	``Canadian aircraft'' means an aircraft that is registered under an Act of Parliament.
``Canadian permit'' « permis canadien »	``Canadian permit'' means a permit that is issued under subsection 127(1) or 128(2).
``Canadian ship'' « navire canadien »	``Canadian ship'' means a ship that is registered under an Act of Parliament.
``condition'' Version anglaise seulement	``condition'' means, in respect of a permit, any term or condition of the permit.
``contrac- ting party'' « partie contrac- tante »	``contracting party'' means a state that is a contracting party to the Convention or the Protocol.
``Convention' ' « Conven- tion »	``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.
``disposal'' « immer- sion »	``disposal'' means
	(a) the deliberate disposal of a substance at sea from a ship, an aircraft, a platform or another structure,
	(b) the deliberate 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 disposal of a substance by placing it on the ice in an area of the sea,
	(e) the deliberate disposal at sea of a ship or aircraft, and
	(f) the deliberate disposal or abandonment at sea of a platform or another structure,
	but does not include
	(g) a disposal 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,
	(h) 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,
	(i) 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
	(j) 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.
``incinera- tion'' « incinéra- tion »	``incineration'' means the deliberate combustion of a substance on board a ship, a platform or another structure at sea for the purpose of its thermal destruction.
``master'' « capi- taine »	``master'' includes every person who has command or charge of a ship but does not include a pilot.
``owner'' « proprié- taire »	``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.
``Protocol'' « Proto- cole »	``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.
``ship'' « navire »	``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.
``structure'' Version anglaise seulement	``structure'' means a structure that is made by a person.
``waste or other matter'' « déchets ou autres matières »	``waste or other matter'' means waste or other matter listed in Schedule 5.
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).
	Prohibitions
Imports for disposal in waters under Canadian jurisdiction	123. (1) No person shall import a substance for disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e).
Export for disposal in waters under foreign jurisdiction	(2) No person shall export a substance for disposal in an area of the sea under the jurisdiction of a foreign state or its internal waters.
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.
Responsibi- lity 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.
Responsibi- lity 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.
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.
Disposal in waters under Canadian jurisdiction	125. (1) No person 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.
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.
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.
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.
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.
Incineration	126. (1) No person shall incinerate a substance on board a ship, a platform or another structure 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, platform or other structure during normal operations; or
	(b) the incineration is done in accordance with a permit issued under subsection 128(2).
Incineration in waters under foreign jurisdiction, etc.	(2) No person shall incinerate a substance on board a Canadian ship or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) or (g) unless
	(a) the substance is waste generated on board the Canadian ship or the Canadian platform or other structure during normal operations; or
	(b) the incineration is done in accordance with a permit issued under subsection 128(2).

PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED SOURCES OF POLLUTION

DIVISION 3

DISPOSAL AT SEA