Canadian Environmental Protection Act, 1999

Version of section 128 from 2002-12-31 to 2005-06-27:

Marginal note:Exception
  •  (1) Paragraphs 125(1)(a), (2)(a) and (3)(a) do not apply if a permit is issued under this section.

  • Marginal note:Permits for emergency disposal

    (2) The Minister may, on application, issue a permit to dispose of or incinerate a substance if the Minister is of the opinion that

    • (a) the disposal or incineration of a certain quantity of the substance is necessary to avert an emergency that poses an unacceptable risk relating to the environment or to human health; and

    • (b) there is no other feasible solution.

  • Marginal note:Application

    (3) An application for a permit must

    • (a) be in the prescribed form;

    • (b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6;

    • (c) be accompanied by the prescribed fees; and

    • (d) subject to subsection (4), be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading, disposal or incineration described in the application or in any other publication specified by the Minister.

  • Marginal note:Publication

    (4) The Minister may permit the publication referred to in paragraph (3)(d) to be made at any time after the application is made.

  • Marginal note:Consultation

    (5) The Minister shall

    • (a) offer to consult with any foreign state that is likely to be affected by the disposal or incineration and with the International Maritime Organization; and

    • (b) endeavour to follow any recommendations that are received from the International Maritime Organization.

  • Marginal note:Notice

    (6) The Minister shall inform the International Maritime Organization of any action taken under this section.

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