Document ID: chunk:federal_register_of_legislation:C2024C00540:section:26f:p3
Version: federal_register_of_legislation:C2024C00540
Segment Type: section
Provision Reference: s 26F (pt 3/7)
Character Range: 125353–127964

platform—the discharge occurs when the ship is at a distance of not less than 3 nautical miles from the nearest land; or
 (ii) if the discharge occurs when the ship is alongside, or within 500 metres of, a fixed or floating platform—the discharge occurs when the ship is at a distance of not less than 12 nautical miles from the nearest land;
 (e) in the case of all other food wastes:
 (i) the discharge occurs when the ship is at a distance of not less than 12 nautical miles from the nearest land; and
 (ii) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (6): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of cargo residues outside a special area or Arctic waters
 (7) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is not within a special area and not in Arctic waters;
 (b) the discharge occurs when the ship is proceeding en route and is as far as practicable from the nearest land;
 (c) the garbage is cargo residues that cannot be recovered using commonly available methods for unloading;
 (d) the cargo residues do not contain any prescribed substances;
 (da) if the cargo residues are residues of solid bulk cargoes (except grain)—the master of the ship has a written declaration made by the shipper stating that:
 (i) the solid bulk cargoes have been classified in accordance with the criteria mentioned in Appendix I of Annex V to the Convention; and
 (ii) the solid bulk cargoes are not harmful to the marine environment;
 (e) the discharge occurs when the ship is at a distance of not less than 12 nautical miles from the nearest land;
 (f) the discharge occurs when the ship is not alongside, or within 500 metres of, a fixed or floating platform.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code.

Exception—discharge of animal carcasses outside a special area or Arctic waters
 (8) Subsection (3) does not apply to the discharge of garbage from a ship if the following conditions are satisfied:
 (a) the discharge occurs when the ship is not within a special area and not in Arctic waters;
 (b) the discharge occurs when the ship is proceeding en route and is as far as practicable from the nearest land;
 (c) the garbage is animal carcasses;
 (d) the prescribed requirements are satisfied;
 (e) the discharge occurs when the ship is not