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

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Act current to 2012-01-24 and last amended on 2010-01-02. Previous Versions

APPLICATION OF ACT

2.1 In the event of an inconsistency between the provisions of this Act, or any regulation made under this Act, and the provisions of the Marine Liability Act, the provisions of that Act prevail to the extent of the inconsistency.

  • R.S., 1985, c. 6 (3rd Supp.), s. 91;
  • 1993, c. 36, s. 22;
  • 2001, c. 6, s. 109;
  • 2009, c. 21, s. 21.
Previous Version

  • 3. (1) Except where otherwise provided, this Act applies to the arctic waters.

  • (2) In so far as this Act applies to or in respect of any person described in paragraph 6(1)(a), the expression "arctic waters" includes all the waters described in the definition of that expression in section 2 and all waters adjacent thereto lying north of the sixtieth parallel of north latitude, the natural resources of whose subjacent submarine areas Her Majesty in right of Canada has the right to dispose of or exploit, whether the waters so described or those adjacent waters are in a frozen or liquid state, but does not include inland waters.

  • R.S., c. 2(1st Supp.), s. 3.

INCORPORATION BY REFERENCE

  • 3.1 (1) Regulations made under this Act incorporating standards by reference may incorporate them as amended from time to time.

  • (2) Subsection (1) is for greater certainty and does not limit any authority to make regulations incorporating material by reference that exists apart from it.

  • 2001, c. 34, s. 4.

DEPOSIT OF WASTE

  • 4. (1) Except as authorized by regulations made under this section, no person or ship shall deposit or permit the deposit of waste of any type in the arctic waters or in any place on the mainland or islands of the Canadian arctic under any conditions where the waste or any other waste that results from the deposit of the waste may enter the arctic waters.

  • (2) Subsection (1) does not apply to the deposit of waste in waters that form part of a water quality management area designated pursuant to the Canada Water Act if the waste so deposited is of a type and quantity and is deposited under conditions authorized by regulations made under paragraph 18(2)(a) of that Act with respect to that water quality management area.

  • (3) The Governor in Council may make regulations for the purposes of this section prescribing

    • (a) the type and quantity of waste, if any, that may be deposited by any person or ship in the arctic waters or in any place on the mainland or islands of the Canadian arctic under any conditions where that waste or any other waste that results from the deposit of that waste may enter the arctic waters; and

    • (b) the conditions under which any such waste may be so deposited.

  • R.S., c. 2(1st Supp.), s. 4.