Exception for Safety Reasons
130. (1) Despite the other provisions of this Division, a person may dispose of a substance if
(a) it is necessary to avert a danger to human life or to a ship, an aircraft, a platform or another structure at sea in situations caused by stress of weather or in any other case that constitutes a danger to human life or a threat to a ship, an aircraft, a platform or another structure at sea;
(b) the disposal appears to be the only way of averting the danger or threat; and
(c) it is probable that the damage caused by the disposal would be less than would otherwise occur.
Marginal note:Danger to be minimized
(2) Any disposal under subsection (1) shall be carried out in a manner that minimizes, as far as possible, danger to human life and damage to the marine environment.
Marginal note:Negligence not a defence
(3) Subsection (1) does not apply if the danger was caused or contributed to by the person’s negligent act or omission.
Marginal note:Duty to report
(4) If disposal takes place under subsection (1), the master of the ship, the pilot in command of the aircraft or the person in charge of the platform or other structure shall report the disposal without delay to an enforcement officer or any other person whom the Governor in Council may, by order, designate, at the location and in the manner that may be prescribed, and the report shall contain any information that may be prescribed.
- 1999, c. 33, s. 130;
- 2005, c. 23, s. 25(E).
Marginal note:Fisheries Act not applicable
Marginal note:Monitoring of sites
132. The Minister shall monitor sites selected by the Minister that are used for disposal or incineration at sea.
133. (1) When issuing a Canadian permit or varying any of its conditions, the Minister shall publish the text of the permit or the varied condition, as the case may be, in the Environmental Registry.
Marginal note:Publication before disposal or loading
(2) Publication under subsection (1) shall be made
(a) in the case of a permit issued under subsection 128(2), as soon as possible after the permit is issued; and
(b) in every other case, at least seven days before the effective date of the permit or of the variation of its conditions.
- 1999, c. 33, s. 133;
- 2012, c. 19, s. 159.
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