Marginal note:Spill-treating agents
25.1 (1) In the case of a spill in the zones referred to in paragraph 3(d) or the waters superjacent to the continental shelf of Canada, the provisions referred to in Schedule 1 do not apply to the deposit of a spill-treating agent and those referred to in Schedule 2 do not apply in respect of any harm that is caused by the spill-treating agent or by the interaction between the spill-treating agent and the spilled oil, if
(a) the authorization issued under paragraph 5(1)(b) permits the use of the spill-treating agent;
(b) the Chief Conservation Officer approves the use of the agent in response to the spill and it is used in accordance with any requirements set out in the approval; and
(c) the agent is used for the purposes of subsection 25(3) or (4).
(2) The provisions referred to in Schedule 2 continue to apply to the holder of an authorization referred to in paragraph (1)(a) in respect of any harm that is caused by the spill or, despite subsection (1), by the interaction between the spill-treating agent and the spilled oil.
Marginal note:Net environmental benefit
(3) Other than in the case of a small-scale test, the approval required under paragraph (1)(b) shall be in writing and shall not be granted unless the Chief Conservation Officer
(a) has consulted with the Minister and the Minister of the Environment with respect to the approval; and
(b) determines that the use of the agent is likely to achieve a net environmental benefit.
- 2015, c. 4, ss. 17, 118.
Marginal note:Canadian Environmental Protection Act, 1999
- 2015, c. 4, s. 18.
Marginal note:Fisheries Act — civil liability
(a) subsection 36(3) of that Act is deemed to apply in respect of the deposit of the spill-treating agent;
(b) the holder of the authorization referred to in paragraph 25.1(1)(a) is deemed to be the only person referred to in paragraph 42(1)(a) of that Act; and
(c) those persons who caused or contributed to the spill are deemed to be the only persons referred to in paragraph 42(1)(b) of that Act.
- 2015, c. 4, s. 18.
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