Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Act current to 2016-11-21 and last amended on 2016-09-23. Previous Versions

DIVISION 2Protection of the Marine Environment from Land-based Sources of Pollution

Marginal note:Definitions

 The definitions in this section apply in this Division.

land-based sources

sources telluriques

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

pollution des mers

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)

Marginal note:Objectives, guidelines and codes of practice
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

DIVISION 3Disposal at Sea

Interpretation

Marginal note:Definitions
  •  (1) The definitions in this subsection apply in this Division and in Part 10.

    aircraft

    aéronef

    aircraft means a machine that is used or designed for navigation in the air, but does not include an air cushion vehicle. (aéronef)

    Canadian aircraft

    aéronef canadien

    Canadian aircraft means an aircraft that is registered under an Act of Parliament. (aéronef canadien)

    Canadian permit

    permis canadien

    Canadian permit means a permit that is issued under subsection 127(1) or 128(2). (permis canadien)

    Canadian ship

    navire canadien

    Canadian ship means a ship that is registered under an Act of Parliament. (navire canadien)

    condition

    Version anglaise seulement

    condition means, in respect of a permit, any term or condition of the permit. (Version anglaise seulement)

    contracting party

    partie contractante

    contracting party means a state that is a contracting party to the Convention or the Protocol. (partie contractante)

    Convention

    Convention

    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)

    disposal

    immersion

    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)

    incineration

    incinération

    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)

    master

    capitaine

    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)

    owner

    propriétaire

    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)

    Protocol

    Protocole

    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)

    ship

    navire

    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)

    structure

    Version anglaise seulement

    structure means a structure that is made by a person. (Version anglaise seulement)

    waste or other matter

    déchets ou autres matières

    waste or other matter means waste or other matter listed in Schedule 5. (déchets ou autres matières)

  • Definition of sea

    (2) In this Division and in Part 10, sea means

    • (a) 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.
 
Date modified: