Disposal at Sea Regulations (SOR/2001-275)

Interpretation

1 The definitions in this section apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

log-book

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.

National Action List

3 For the purposes of sections 9 and 10 of Schedule 6 to the Act, the National Action List mechanisms for screening waste or other matter shall consist of

• (a) with respect to the Lower Level, an assessment of the concentration of specified substances in the waste or other matter; and

• (b) with respect to the Upper Level, an assessment of biological responses.

Mechanisms for Screening

4 Waste or other matter referred to in items 1 and 4 of Schedule 5 to the Act that contains any of the substances set out in column 1 of the table to this section, each at a concentration equal to or below the concentration set out in column 2, shall be considered to be below the Lower Level of the National Action List.

• 5 (1) Waste or other matter referred to in section 4 that contains any of the substances set out in column 1 of the table to that section at a concentration above the concentration set out in column 2, shall be assessed using three marine or estuarine biological tests for sediment assessment, namely, an acute lethality test and

  • (a) two sub-lethal tests; or

  • (b) one sub-lethal and one bioaccumulation test.

• (2) The acute lethality test shall be conducted using the test methodology entitled Biological Test Method: Reference Method for Determining Acute Lethality of Sediment to Marine or Estuarine Amphipods (Reference Method EPS 1/RM/35), December 1998, published by the Department of the Environment, as amended from time to time.

• (3) The sub-lethal tests shall be conducted using any of the test methodologies set out in Biological Test Method: Sublethal Toxicity Tests to Assess Sediments Intended for Disposal at Sea (Report; EPS 1/RM/40), May 2001, published by the Department of the Environment, as amended from time to time.

• (4) The bioaccumulation test shall be conducted using the test methodology entitled Guidance Manual: Bedded Sediment Bioaccumulation Tests (EPA/600/R-93/183), September 1993, published by the United States Environmental Protection Agency, as amended from time to time.

• (5) The tests shall be performed, and their results interpreted, in accordance with generally accepted standards of good scientific practice at the time the tests are performed.

6 If the results of the three marine or estuarine biological tests set out in subsection 5(1) meet the criteria set out for those tests, the waste or other matter shall subsequently be considered to be below the Lower Level of the National Action List.

7 If the results of either the acute lethality test set out in subsection 5(1) or the two other tests set out in paragraph 5(1)(a) or (b) fail to meet the criteria set out for those tests, the waste or other matter shall be considered to be above the Upper Level of the National Action List.

8 If the results of the acute lethality test set out in subsection 5(1) and one of the tests set out in paragraph 5(1)(a) or (b) meet the criteria set out for those tests, the waste or other matter shall be considered to be below the Upper Level but above the Lower Level of the National Action List.

Areas of the Sea

8.1 For the purposes of paragraph 122(2)(e) of the Act, the specified areas of the sea adjacent to the territorial sea of Canada consist of the following waters:

• (a) the waters of the North Arm of Fraser River bounded on the east by a line at the eastern tip of Mitchell Island from the south shore at the intersection of 123°04′00′′ west longitude and 49°12′10′′ north latitude to the north shore at the intersection of 123°04′00′′ west longitude and 49°12′23′′ north latitude;

• (b) the waters of the main channel of the Fraser River downstream of the Alex Fraser Bridge through a line from the south shore of the channel at the intersection of 122°56′33′′ west longitude and 49°09′28′′ north latitude to the north shore of the channel at the intersection of 122°57′29′′ west longitude and 49°10′33′′ north latitude;

• (c) the waters of the Northwest Miramichi River east of a line from the south shore at the intersection of 65°49′12′′ west longitude and 46°56′18′′ north latitude to the north shore at the intersection of 65°49′02′′ west longitude and 46°56′29′′ north latitude;

• (d) the waters of the Southwest Miramichi River northeast of a line from the south shore at the intersection of 65°40′22′′ west longitude and 46°51′55′′ north latitude to the north shore at the intersection of 65°40′30′′ west longitude and 46°52′00′′ north latitude;

• (e) the waters of the east channel of the Mackenzie River northeast of a line from the south shore at the intersection of 134°08′28′′ west longitude and 69°14′33′′ north latitude to the north shore at the intersection of 134°09′47′′ west longitude and 69°16′37′′ north latitude;

• (f) the waters of the Mackenzie River and Beaufort Sea seaward of a line from the intersection of 134°48′18′′ west longitude and 69°28′03′′ north latitude, thence westward to the intersection of 135°24′14′′ west longitude and 69°23′36′′ north latitude, thence southwestward to the intersection of 135°50′17′′ west longitude and 69°05′32′′ north latitude, thence southeastward to the intersection of 135°13′55′′ west longitude and 68°43′39′′ north latitude, thence southwestward to the intersection of 135°24′04′′ west longitude and 68°40′34′′ north latitude; and

• (g) the waters of Bras d’Or Lake, St. Peters Inlet, Great Bras d’Or, St. Patricks Channel, Whycocomagh Bay and St. Andrews Channel, in Nova Scotia.

Permits

Marginal note:Notice — application

• 8.2 (1) When an application meets the requirements of paragraph 127(2)(b) of the Act, the Minister shall notify the applicant in writing.

• Marginal note:Time limit

  (2) The Minister shall either issue or notify the applicant of the refusal to issue a permit under section 127 of the Act within the 90-day period after the date of the notice.

• Marginal note:Suspension of period

  (3) The period referred to in subsection (2) does not include any period

  • (a) required for additional analysis that is necessary to allow the Minister to meet the requirements of subsection 127(3) of the Act;

  • (b) during which consultations that are necessary for the Minister to meet the requirements of subsection 127(3) of the Act are carried out;

  • (c) during which a decision made under an Act of Parliament or an Aboriginal land claim agreement, that could affect the Minister’s decision to issue or refuse to issue a permit under section 127 of the Act is pending;

  • (d) during which consultations are carried out by the Minister under section 77 of the Species at Risk Act; and

  • (e) during which the Minister is awaiting the submission by the applicant of any report required under a permit previously issued under section 127 of the Act.

• Marginal note:Non-application

  (4) The period referred to in subsection (2) does not apply

  • (a) if an applicant requests or agrees that it does not apply; or

  • (b) if an applicant makes changes to the information provided under paragraph 127(2)(b) of the Act that could affect the Minister’s decision to issue or refuse to issue a permit.

Marginal note:Notice — eligibility for renewal

8.3 If the Minister issues a permit under section 127 of the Act, the Minister shall notify the applicant whether the permit is eligible to be renewed and of the number of times it may be renewed which may be no more than, subject to the number of renewals permitted under subsection 127(1) of the Act, the number of renewals requested in the application.

Marginal note:Eligibility

8.4 A permit is eligible to be renewed if

• (a) the descriptions of the load and disposal sites in the permit are consistent with the descriptions of the load and disposal sites in a permit that has been issued in the last five years;

• (b) the applicant is in compliance with all permit conditions for valid permits issued under section 127 of the Act;

• (c) for the load site in respect of which the application for a permit is being made

  • (i) any waste or other matter referred to in item 1 or 4 of Schedule 5 to the Act that has been assessed in any previous permit applications has been considered to be below the Lower Level of the National Action List under section 4 for a minimum of three sets of test results over a period of at least five years ending on the day on which the most recent permit for the load site was issued;

  • (ii) there have been no test results for waste or other matter taken from the load site for the period referred to in subparagraph (i) above the Lower Level of the National Action List under section 4, and

  • (iii) any description of the waste or other matter referred to in item 2, 5 or 6 of Schedule 5 to the Act is consistent with those descriptions in applications in respect of permits issued in the period of five years preceding the date of the application; and

• (d) the applicant requested when applying for the permit that the permit be eligible for renewal and indicated the number of renewals desired.