Canadian Environmental Protection Act, 1999

Version of section 125 from 2005-06-28 to 2007-06-30:

Marginal note:Disposal in waters under Canadian jurisdiction
  •  (1) No person or ship shall dispose of a substance in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

    • (a) the substance is waste or other matter; and

    • (b) the disposal is done in accordance with a Canadian permit.

  • Marginal note:Disposal from Canadian ship, etc., in waters that are not under the jurisdiction of any state

    (2) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless

    • (a) the substance is waste or other matter; and

    • (b) the disposal is done in accordance with a Canadian permit or, if the substance was loaded in the territory of a state that is a contracting party, a permit issued under the Convention or the Protocol by that state.

  • Marginal note:Disposal by Canadian ship in waters that are not under the jurisdiction of any state

    (2.1) No Canadian ship shall dispose of a substance in an area of the sea referred to in paragraph 122(2)(g) unless

    • (a) the substance is waste or other matter; and

    • (b) the disposal is done in accordance with a Canadian permit or, if the substance was loaded in the territory of a state that is a contracting party, a permit issued under the Convention or the Protocol by that state.

  • Marginal note:Disposal from Canadian ship, etc., in waters under foreign jurisdiction

    (3) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

    • (a) the substance is waste or other matter;

    • (b) the substance was loaded in the foreign state that has jurisdiction over that area;

    • (c) if the foreign state is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

    • (d) if the foreign state is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

  • Marginal note:Disposal by Canadian ship in waters under foreign jurisdiction

    (3.1) No Canadian ship shall dispose of a substance in an area of the sea referred to in paragraph 122(2)(f) unless

    • (a) the substance is waste or other matter;

    • (b) the substance was loaded in the foreign state that has jurisdiction over that area;

    • (c) if the foreign state is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

    • (d) if the foreign state is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

  • Marginal note:Disposal of Canadian ship, etc., in waters that are not under the jurisdiction of any state

    (4) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless the disposal is done in accordance with a Canadian permit.

  • Marginal note:Disposal of Canadian ship etc., in waters under foreign jurisdiction

    (5) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

    • (a) if the foreign state that has jurisdiction over that area is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

    • (b) if the foreign state that has jurisdiction over that area is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

  • Marginal note:Exception

    (6) This section does not apply in respect of any disposal that is authorized under the Canada Shipping Act.

  • 1999, c. 33, s. 125;
  • 2005, c. 23, s. 22.
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