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Disposal at Sea Regulations (SOR/2001-275)

Regulations are current to 2020-09-09 and last amended on 2014-09-24. Previous Versions

Permits

Marginal note:Notice — application

  •  (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.

  • SOR/2014-12, s. 1

Marginal note:Notice — eligibility for renewal

 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.

  • SOR/2014-12, s. 1

Marginal note:Eligibility

 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.

  • SOR/2014-12, s. 1

Marginal note:Time limit — application for renewal

  •  (1) The holder of a renewable permit shall apply for the renewal of the permit at least 90 days before it expires.

  • Marginal note:Notice — application

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

  • Marginal note:Time limit

    (3) The Minister shall either renew or notify the applicant of their decision to refuse to renew a permit within the 45-day period after the date of the notice.

  • SOR/2014-12, s. 1

Fees

 The fee that is to accompany an application for a permit referred to in section 127 or 128 of the Act is $2,500.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on the day on which they are registered.

 
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