Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Marginal note:Spill-treating agents

• 161.1 (1) 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 138(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 161(3) or (4).

• Marginal note:Clarification

  (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

  • (a) the Chief Conservation Officer has consulted with the Federal Minister and the Provincial Minister with respect to the approval;

  • (b) the Federal Minister has consulted with the Minister of the Environment with respect to the approval; and

  • (c) the Chief Conservation Officer determines that the use of the agent is likely to achieve a net environmental benefit.