Disposal at Sea Regulations
SOR/2001-275
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2001-08-01
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.
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.
TABLE LOWER LEVEL
| Item | Column 1 | Column 2 |
|---|---|---|
| Substances | Concentration | |
| Metal | ||
| 1 | Cadmium and its compounds | 0.6 mg/kg (dry weight) |
| 2 | Mercury and its compounds | 0.75 mg/kg (dry weight) |
| Organic compounds | ||
| 3 | Total polycyclic aromatic hydrocarbons (PAHs) | 2500 µg/kg (dry weight) |
| 4 | Total polychlorinated biphenyls (PCBs) | 100 µg/kg (dry weight) |
| Other substances | ||
| 5 | Persistent plastics and other persistent synthetic materials in a comminuted form | 4% by volume |
- SOR/2003-295, s. 1(F)
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.
- SOR/2003-295, s. 2
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.
Fees
9 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
10 [Repeal]
Coming into Force
11 These Regulations come into force on the day on which they are registered.
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