Bill C-32
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
``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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|
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
|
|
|
|
|
|
|
|