GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 118
Regulations 118 (1) 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 altering, an ecosystem to an extent that is detrimental to its use by humans, animals or plants, including regulations (a) prescribing nutrients; (b) prescribing the permissible concentration of a prescribed nutrient in a cleaning product or water conditioner; (c) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing, measuring or monitoring a nutrient, cleaning product or water conditioner; and (d) requiring persons who manufacture for use or sale in Canada or import a cleaning product or water conditioner (i) to maintain books and records for the proper administration of this Division and the regulations, (ii) to submit samples of the cleaning product or water conditioner to the Minister, and (iii) to submit to either Minister information regarding cleaning products, water conditioners and their ingredients. Exemption (1.1) The Governor in Council may, on the recommendation of the Minister, make regulations exempting a cleaning product or water conditioner from the application of section 117. Class of cleaning product or water conditioner (1.2) Regulations made under subsection (1) or (1.1) may distinguish among classes of cleaning products or water conditioners that they may establish on the basis of any factor, including (a) the physical or chemical properties of the cleaning products or water conditioners; or (b) the conditions under which, the purposes for which or the manner or place in which the cleaning products or water conditioners are intended to be used. Nutrients regulated under other Acts of Parliament (2) The Governor in Council shall not make a regulation under subsection (1) in respect of a nutrient to the extent that the nutrient, or a product in which the nutrient is contained, is, in the opinion of the Governor in Council, regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment. 1999, c. 33, s. 118; 2016, c. 9, s. 31
Canadian Environmental Protection Act, 1999 — C-15.31 119
Remedial measures 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: (a) give public notice of the contravention and of any danger to the environment or to human life or health posed by the nutrient, cleaning product or water conditioner; (b) mail a notice as described in paragraph (a) to manufacturers, processors, distributors or retailers of the nutrient, cleaning product or water conditioner; (c) mail a notice as described in paragraph (a) to persons to whom the nutrient, cleaning product or water conditioner is known to have been delivered or sold; (d) replace the nutrient, cleaning product or water conditioner with one that meets the applicable requirements; (e) accept the return of the nutrient, cleaning product or water conditioner from the purchaser and refund the purchase price; (f) take other measures for the protection of the environment or human life or health; and (g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f). Intervention of Minister (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. Recovery of costs (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.
Canadian Environmental Protection Act, 1999 — C-15.31 120
Definitions 120 The definitions in this section apply in this Division. 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. ( sources telluriques ) 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. ( pollution des mers )
Canadian Environmental Protection Act, 1999 — C-15.31
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. ( sources telluriques )
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
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. ( pollution des mers )
Canadian Environmental Protection Act, 1999 — C-15.31 121
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. Minister may act (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.
Canadian Environmental Protection Act, 1999 — C-15.31 122
) 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). 1999, c. 33, s. 122; 2005, c. 23, ss. 18, 49
Canadian Environmental Protection Act, 1999 — C-15.31
aircraft means a machine that is used or designed for navigation in the air, but does not include an air cushion vehicle. ( aéronef )
Canadian Environmental Protection Act, 1999 — C-15.31
Canadian aircraft means an aircraft that is registered under an Act of Parliament. ( aéronef canadien )
Canadian Environmental Protection Act, 1999 — C-15.31
Canadian permit means a permit that is issued under subsection 127(1) or 128(2). ( permis canadien )
Canadian Environmental Protection Act, 1999 — C-15.31
Canadian ship means a ship that is registered under an Act of Parliament. ( navire canadien )
Canadian Environmental Protection Act, 1999 — C-15.31
condition means, in respect of a permit, any term or condition of the permit. ( Version anglaise seulement )
Canadian Environmental Protection Act, 1999 — C-15.31
contracting party means a state that is a contracting party to the Convention or the Protocol. ( partie contractante )
Canadian Environmental Protection Act, 1999 — C-15.31
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. ( Convention )
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
disposal means (a) the disposal of a substance at sea from a ship, an aircraft, a platform or another structure, (b) the 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 deposit of a substance on the ice in an area of the sea, (e) the disposal at sea of a ship or aircraft, (f) the disposal or abandonment at sea of a platform or another structure, and (g) any other act or omission that constitutes a disposal under regulations made under paragraph 135(3)(c), but does not include (h) a disposal of a substance 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, (i) 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, (j) 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 (k) 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. ( immersion )
Canadian Environmental Protection Act, 1999 — C-15.31
incineration means the combustion of a substance on board a ship, a platform or another structure at sea for the purpose of its thermal destruction. ( incinération )
Canadian Environmental Protection Act, 1999 — C-15.31
master means the person in command or charge of a ship, but does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act . ( capitaine )
Canadian Environmental Protection Act, 1999 — C-15.31
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. ( propriétaire )
Canadian Environmental Protection Act, 1999 — C-15.31
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. ( Protocole )
Canadian Environmental Protection Act, 1999 — C-15.31
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. ( navire )
Canadian Environmental Protection Act, 1999 — C-15.31
structure means a structure that is made by a person. ( Version anglaise seulement )
Canadian Environmental Protection Act, 1999 — C-15.31
waste or other matter means waste or other matter listed in Schedule 5. ( déchets ou autres matières )
Canadian Environmental Protection Act, 1999 — C-15.31 122.1
Purpose 122.1 The purpose of this Division is to protect the marine environment, particularly by implementing the Convention and the Protocol. 2005, c. 23, s. 19
Canadian Environmental Protection Act, 1999 — C-15.31 123
Imports for disposal in waters under Canadian jurisdiction 123 (1) No person or ship 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 or ship shall export a substance for disposal in an area of the sea under the jurisdiction of a foreign state or in its internal waters. 1999, c. 33, s. 123; 2005, c. 23, s. 20
Canadian Environmental Protection Act, 1999 — C-15.31 124
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. Loading in Canada for disposal at sea (1.1) No ship shall, in Canada, load a substance onto itself 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. Responsibility 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. Responsibility 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. 1999, c. 33, s. 124; 2005, c. 23, s. 21
Canadian Environmental Protection Act, 1999 — C-15.31 126
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 by ship (1.1) No ship shall incinerate a substance on board the ship 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 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). Incineration by Canadian ship in waters under foreign jurisdiction (3) No Canadian ship shall, in an area of the sea referred to in paragraph 122(2)(f) or (g), incinerate a substance on board the ship unless (a) the substance is waste generated on board the ship during normal operations; or (b) the incineration is done in accordance with a permit issued under subsection 128(2). 1999, c. 33, s. 126; 2005, c. 23, s. 23
Canadian Environmental Protection Act, 1999 — C-15.31 127
Permit 127 (1) The Minister may, on application, issue a permit authorizing the loading for disposal and disposal of waste or other matter and, subject to the regulations, renew it no more than four times. Application (2) The application must (a) be in the prescribed form; (b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6; (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 application or in any other publication specified by the Minister. Factors for consideration (3) Before issuing a permit under subsection (1) or renewing it, the Minister shall comply with Schedule 6 and shall take into account any factors that the Minister considers necessary. 1999, c. 33, s. 127; 2012, c. 19, s. 157
Canadian Environmental Protection Act, 1999 — C-15.31 128
Exception 128 (1) Paragraphs 125(1)(a), (2)(a), (2.1)(a), (3)(a) and (3.1)(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 unacceptable 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 the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6; (c) be accompanied by the prescribed fees; and (d) subject to subsection (4), be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading, disposal or incineration described in the application or in any other publication specified by the Minister. Publication (4) The Minister may permit the publication referred to in paragraph (3)(d) to be made at any time after the application is made. Consultation (5) The Minister shall (a) offer to consult with any foreign state that is likely to be affected by the disposal or incineration and with the International Maritime Organization; and (b) endeavour to follow any recommendations that are received from the International Maritime Organization. Notice (6) The Minister shall inform the International Maritime Organization of any action taken under this section. 1999, c. 33, s. 128; 2005, c. 23, s. 24
Canadian Environmental Protection Act, 1999 — C-15.31 129
Conditions of permit 129 (1) A Canadian permit shall contain any conditions that the Minister considers necessary for the protection of marine life, any legitimate uses of the sea or human life, including conditions relating to the following: (a) the nature and quantity of the substance for loading, disposal or incineration; (b) the method and frequency of the disposal or incineration authorized including, if necessary, the date or dates on which disposal or incineration is authorized; (c) the manner of loading and stowing the substance authorized for disposal or incineration; (d) the site at which disposal or incineration may take place; (e) the route to be followed by the ship or aircraft transporting the substance to the disposal or incineration site; (f) any special precautions to be taken respecting the loading, transporting, disposal or incineration of the substance; and (g) the monitoring of the disposal, the incineration and the disposal site to determine the effects of the disposal on the environment and human life. Duration of permit (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. For greater certainty, this subsection applies to each renewal of a permit issued under subsection 127(1). Powers to suspend, revoke or vary permit (3) The Minister may suspend or revoke a Canadian permit or vary its conditions where, having regard to Schedule 6 or the establishment of, or any report of, a board of review under section 333, the Minister considers it advisable to do so. 1999, c. 33, s. 129; 2012, c. 19, s. 158
Canadian Environmental Protection Act, 1999 — C-15.31 130
Exception 130 (1) Despite the other provisions of this Division, a person may dispose of a substance if (a) it is necessary to avert a danger to human life or to a ship, an aircraft, a platform or another structure at sea in situations caused by stress of weather or in any other case that constitutes a danger to human life or a threat to a ship, an aircraft, a platform or another structure at sea; (b) the disposal appears to be the only way of averting the danger or threat; and (c) it is probable that the damage caused by the disposal would be less than would otherwise occur. Danger to be minimized (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. Negligence not a defence (3) Subsection (1) does not apply if the danger was caused or contributed to by the person’s negligent act or omission. Duty to report (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 enforcement officer or any other person whom the Governor in Council may, by order, designate, at the location and in the manner that may be prescribed, and the report shall contain any information that may be prescribed. 1999, c. 33, s. 130; 2005, c. 23, s. 25(E)
Canadian Environmental Protection Act, 1999 — C-15.31 131
Fisheries Act not applicable 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.
Canadian Environmental Protection Act, 1999 — C-15.31 132
Monitoring of sites 132 The Minister shall monitor sites selected by the Minister that are used for disposal or incineration at sea.