Bill C-32
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Living
organisms
regulated
under other
Acts of
Parliament
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(2) The Governor in Council shall not make
a regulation under subsection (1) in respect of
any living organism if the regulation regulates
an aspect of the living organism that is
regulated by or under any other Act of
Parliament that, in the opinion of the Minister
or, where appropriate, the Minister of Health,
provides for
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PART 7 |
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CONTROLLING POLLUTION AND MANAGING WASTES |
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DIVISION 1 |
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NUTRIENTS |
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Definitions
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116. The definitions in this section apply in
this Division and in Part 10.
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``cleaning
product'' « produit de nettoyage »
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``cleaning product'' means a phosphate
compound or other substance that is
intended to be used for cleaning purposes,
and includes laundry detergents,
dish-washing compounds, metal cleaners,
de-greasing compounds and household,
commercial and industrial cleaners.
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``nutrient'' « substance nutritive »
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``nutrient'' means a substance or combination
of substances that, if released in any waters,
provides nourishment that promotes the
growth of aquatic vegetation.
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``water
conditioner'' « condition- neur d'eau »
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``water conditioner'' means a substance that is
intended to be used to treat water, and
includes water-softening chemicals,
anti-scale chemicals and corrosion
inhibiters.
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Prohibition
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117. No person shall manufacture for use or
sale in Canada or import a cleaning product or
water conditioner that contains a prescribed
nutrient in a concentration greater than the
permissible concentration prescribed for that
product.
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Regulations
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118. The Governor in Council may, on the
recommendation of the Minister, make
regulations for the purpose of preventing or
reducing the growth of aquatic vegetation that
is caused by the release of nutrients in waters
and that can interfere with the functioning of
an ecosystem or degrade or alter, or form part
of a process of degrading or alterating, an
ecosystem to an extent that is detrimental to its
use by humans, animals or plants, including
regulations
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Remedial
measures
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119. (1) Where there is a contravention of
section 117 or the regulations, the Minister
may, in writing, direct a manufacturer or
importer of a nutrient, cleaning product or
water conditioner to take any or all of the
following measures in the manner and within
the period directed by the Minister:
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Intervention
of Minister
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(2) If a person fails to take any measures
required under paragraph (1)(a), (b), (c) or (f),
the Minister may take those measures or cause
them to be taken.
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Recovery of
costs
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(3) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection (2) from the person referred to in
that subsection.
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DIVISION 2 |
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PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED SOURCES OF POLLUTION |
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Definitions
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120. The definitions in this section apply in
this Division.
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``land- based sources'' « sources telluriques »
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``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.
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``marine
pollution'' « pollution des mers »
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``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
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Objectives,
guidelines and
codes of
practice
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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.
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Consultation
and
conferences
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(2) To carry out the functions set out in
subsection (1), the Minister
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DIVISION 3 |
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DISPOSAL AT SEA |
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Interpretation
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Definitions
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122. (1) The definitions in this subsection
apply in this Division and in Part 10.
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``aircraft'' « aéronef »
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``aircraft'' means a machine that is used or
designed for navigation in the air, but does
not include an air cushion vehicle.
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``Canadian
aircraft'' « aéronef canadien »
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``Canadian aircraft'' means an aircraft that is
registered under an Act of Parliament.
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``Canadian
permit'' « permis canadien »
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``Canadian permit'' means a permit that is
issued under subsection 127(1) or 128(2).
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``Canadian
ship'' « navire canadien »
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``Canadian ship'' means a ship that is
registered under an Act of Parliament.
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``condition'' Version anglaise seulement
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``condition'' means, in respect of a permit, any
term or condition of the permit.
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``contrac- ting party'' « partie contractan- te »
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``contracting party'' means a state that is a
contracting party to the Convention or the
Protocol.
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``Convention'
' « Conven- tion »
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``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.
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``disposal'' « immer- sion »
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``disposal'' means
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``incinera- tion'' « inciné- ration »
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``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.
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``master'' « capitai- ne »
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``master'' includes every person who has
command or charge of a ship but does not
include a pilot.
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``owner'' « propriétaire »
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``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.
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``Protocol'' « Proto- cole »
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``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.
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``ship'' « navire »
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``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.
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``structure'' Version anglaise seulement
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``structure'' means a structure that is made by
a person.
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``waste or
other matter'' « déchets ou autres matières »
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``waste or other matter'' means waste or other
matter listed in Schedule 5.
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Definition of
``sea''
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(2) In this Division and in Part 10, ``sea''
means
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Prohibitions
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Imports for
disposal in
waters under
Canadian
jurisdiction
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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).
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Export for
disposal in
waters under
foreign
jurisdiction
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(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.
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Loading in
Canada for
disposal at sea
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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
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