Arctic Waters Pollution Prevention Act (R.S.C., 1985, c. A-12)

Act current to 2014-10-15 and last amended on 2014-04-01. Previous Versions

Arctic Waters Pollution Prevention Act

R.S.C., 1985, c. A-12

An Act to prevent pollution of areas of the arctic waters adjacent to the mainland and islands of the Canadian arctic

Preamble

WHEREAS Parliament recognizes that recent developments in relation to the exploitation of the natural resources of arctic areas, including the natural resources of the Canadian arctic, and the transportation of those resources to the markets of the world are of potentially great significance to international trade and commerce and to the economy of Canada in particular;

AND WHEREAS Parliament at the same time recognizes and is determined to fulfil its obligation to see that the natural resources of the Canadian arctic are developed and exploited and the arctic waters adjacent to the mainland and islands of the Canadian arctic are navigated only in a manner that takes cognizance of Canada’s responsibility for the welfare of the Inuit and other inhabitants of the Canadian arctic and the preservation of the peculiar ecological balance that now exists in the water, ice and land areas of the Canadian arctic;

NOW THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Marginal note:Short title

 This Act may be cited as the Arctic Waters Pollution Prevention Act.

  • R.S., c. 2(1st Supp.), s. 1.

INTERPRETATION

Marginal note:Definitions

 In this Act,

“analyst”

« analyste »

“analyst” means a person designated as an analyst under the Canada Water Act, the Mackenzie Valley Resource Management Act or the Nunavut Waters and Nunavut Surface Rights Tribunal Act;

“arctic waters”

« eaux arctiques »

“arctic waters” means the internal waters of Canada and the waters of the territorial sea of Canada and the exclusive economic zone of Canada, within the area enclosed by the 60th parallel of north latitude, the 141st meridian of west longitude and the outer limit of the exclusive economic zone; however, where the international boundary between Canada and Greenland is less than 200 nautical miles from the baselines of the territorial sea of Canada, the international boundary shall be substituted for that outer limit;

“ice-breaker”

« brise-glace »

“ice-breaker” means a ship specially designed and constructed for the purpose of assisting the passage of other ships through ice;

“owner”

« propriétaire »

“owner”, in relation to a ship, includes any person having for the time being, either by law or by contract, the same rights as the owner of the ship with respect to the possession and use thereof;

“pilot”

« pilote »

“pilot” means a person licensed as a pilot pursuant to the Pilotage Act;

“pollution prevention officer”

« fonctionnaire compétent »

“pollution prevention officer” means a person designated as a pollution prevention officer pursuant to section 14;

“ship”

« navire »

“ship” includes any description of vessel or boat used or designed for use in navigation without regard to method or lack of propulsion;

“shipping safety control zone”

« zone de contrôle de la sécurité de la navigation »

“shipping safety control zone” means an area of the arctic waters prescribed as a shipping safety control zone by an order made under section 11;

“waste”

« déchet »

“waste” means

  • (a) any substance that, if added to any water, would degrade or alter or form part of a process of degradation or alteration of the quality of that water to an extent that is detrimental to their use by man or by any animal, fish or plant that is useful to man, and

  • (b) any water that contains a substance in such a quantity or concentration, or that has been so treated, processed or changed, by heat or other means, from a natural state that it would, if added to any other water, degrade or alter or form part of a process of degradation or alteration of the quality of that water to the extent described in paragraph (a),

and without limiting the generality of the foregoing, includes anything that, for the purposes of the Canada Water Act, is deemed to be waste.

  • R.S., 1985, c. A-12, s. 2;
  • 1992, c. 40, s. 49;
  • 2002, c. 7, ss. 80, 278, c. 10, s. 177;
  • 2009, c. 11, s. 1;
  • 2014, c. 2, s. 4.