Bill C-74

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First Reading

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	DIVISION III
	DISPOSAL AT SEA
	Interpretation
Definitions	122. (1) The definitions in this subsection apply in this Division and in Part X.
``aircraft'' « aéronef »	``aircraft'' means a machine used or designed for navigation in the air, but does not in clude an air cushion vehicle.
``Canadian aircraft'' « aéronef canadien »	``Canadian aircraft'' means an aircraft regis tered under an Act of Parliament.
``Canadian permit'' « permis canadien »	``Canadian permit'' means a permit issued un der subsection 127(1) or 128(2).
``Canadian ship'' « navire canadien »	``Canadian ship'' means a ship registered un der an Act of Parliament.
``condition'' Version anglaise seulement	``condition'' means, in respect of a permit, any term or condition of the permit.
``contracting party'' « partie contractante »	``contracting party'' means a state that is a contracting party to the Convention or the Protocol.
``Convention' ' « Convention »	``Convention'' means the Convention on the Prevention of Marine Pollution by Dump ing of Wastes and Other Matter signed by Canada on December 29, 1972, as amended from time to time.
``disposal'' « immersion »	``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 abandon ment at sea of a platform or another structure,
	but does not include
	(g) any 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 struc ture, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the pur pose 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, disposal or storage direct ly arising from, or related to, the explora tion for, exploitation of and associated off-shore processing of seabed mineral resources.
``incinera- tion'' « incinéra- tion »	``incineration'' means the deliberate combus tion of a substance on board a ship, a plat form or another structure at sea for the pur pose of its thermal destruction.
``master'' « capitaine »	``master'' includes every person having com mand or charge of a ship but does not in clude a pilot.
``owner'' « proprié- taire »	``owner'', in relation to any ship, aircraft, plat form 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'' « Protocole »	``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 any vessel, boat or craft de signed, used or capable of being used solely or partly for marine navigation, without re gard 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 V.
Definition of ``sea''	(2) In this Division and in Part X, ``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)(i);
	(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 Cana dian 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 or other matter 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).
	Permits
Minister may issue permit	127. (1) The Minister may, on application, issue permits authorizing the loading for disposal and disposal of waste or other matter.
Application	(2) An application for a permit must
	(a) be in the prescribed form;
	(b) contain such information as may be prescribed or as may be required by the Minister for the purpose of complying with Schedule VI;
	(c) be accompanied by the prescribed fees; and
	(d) be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading or disposal described in the applica tion or in any other publication specified by the Minister.
Factors for consideration	(3) Before issuing a permit under subsec tion (1), the Minister shall comply with Schedule VI and shall take into account any factors that the Minister considers necessary.
Exception	128. (1) Paragraphs 125(1)(a), (2)(a) and (3)(a) do not apply if a permit is issued under this section.
Permits for emergency disposal	(2) The Minister may, on application, issue a permit to dispose of or incinerate a substance if the Minister is of the opinion that
	(a) the disposal or incineration of a certain quantity of the substance is necessary to avert an emergency that poses an unaccept able risk relating to the environment or to human health; and
	(b) there is no other feasible solution.
Application	(3) An application for a permit must
	(a) be in the prescribed form;
	(b) contain such information as may be prescribed or as may be required by the Minister for the purpose of complying with Schedule VI;

Bill C-74

DIVISION III

DISPOSAL AT SEA