Disposal at Sea Regulations
P.C. 2001-1353 2001-08-01
Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999Footnote a, the Minister of the Environment published in the Canada Gazette, Part I, on February 17, 2001, a copy of the proposed Disposal at Sea Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Return to footnote aS.C. 1999, c. 33
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 135(1) of the Canadian Environmental Protection Act, 1999a, hereby makes the annexed Disposal at Sea Regulations.
1. The definitions in this section apply in these Regulations.
“Act” means the Canadian Environmental Protection Act, 1999. (Loi)
“log-book” means the official log referred to in section 261 of the Canada Shipping Act. (journal de bord)
CONTENTS OF REPORT UNDER SUBSECTION 130(4) OF THE ACT
2. (1) A report under subsection 130(4) of the Act with respect to emergencies described in subsection 130(1) shall contain the following information:
(a) if the disposal is from a ship or a platform,
(i) the name of the ship or platform, the name of the master of the ship or the person in charge of the platform and the name and address of its owner, and
(ii) the port of registry, official number, if any, overall length, extreme breadth, overall height and deadweight tonnage of the ship or the platform;
(b) if the disposal is from an aircraft,
(i) the name of the pilot-in-command and the name and address of the aircraft’s owner, and
(ii) the type, model, serial number, nationality and registration marks of the aircraft and its maximum certificated take-off weight specified by its Certificate of Airworthiness;
(c) the last point of departure and the immediate destination of the ship or aircraft at the time at which the disposal occurred;
(d) the latitude and longitude of the disposal site and the depth of the sea at that place;
(e) an extract of all portions of the log-book and manifests of the ship, platform or aircraft related to the emergency;
(f) a detailed description of the circumstances under which the substance was disposed of and the date and time of the disposal;
(g) a detailed description of the actions taken to minimize danger to human life and to the marine environment; and
(h) a description of the substance disposed of, including
(i) information on the composition and nature of the substance that is sufficient to permit the identification of the substance,
(ii) the quantity that was disposed of,
(iii) the form of the substance, namely, solid, liquid or gas, and the methods used to package and contain the substance, if any,
(iv) the trade name of the substance, if any, and
(v) an estimate of the time required for the substance to disappear below the surface of the water.
(2) The report shall be delivered to the enforcement officer designated for the area where the disposal occurs or to any other person designated by the Governor in Council and shall be submitted in written form or in an electronic format that is compatible with the one used by the addressee.
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