116. The definitions in this section apply in this Division and in Part 10.

“cleaning product” means a phosphate compound or other substance that is intended to be used for cleaning purposes, and includes laundry detergents, dish-washing compounds, metal cleaners, de-greasing compounds and household, commercial and industrial cleaners.

“nutrient” means a substance or combination of substances that, if released in any waters, provides nourishment that promotes the growth of aquatic vegetation.

“water conditioner” means a substance that is intended to be used to treat water, and includes water-softening chemicals, anti-scale chemicals and corrosion inhibiters.

117. No person shall manufacture for use or sale in Canada or import a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product.

118. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of preventing or reducing the growth of aquatic vegetation that is caused by the release of nutrients in waters and that can interfere with the functioning of an ecosystem or degrade or alter, or form part of a process of degrading or altering, an ecosystem to an extent that is detrimental to its use by humans, animals or plants, including regulations

(a) prescribing nutrients;

(b) prescribing the permissible concentration of a prescribed nutrient in a cleaning product or water conditioner;

(c) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing, measuring or monitoring a nutrient, cleaning product or water conditioner; and

(d) requiring persons who manufacture for use or sale in Canada or import a cleaning product or water conditioner

(i) to maintain books and records for the proper administration of this Division and the regulations,

(ii) to submit samples of the cleaning product or water conditioner to the Minister, and

(iii) to submit to either Minister information regarding cleaning products, water conditioners and their ingredients.

(2) The Governor in Council shall not make a regulation under subsection (1) in respect of a nutrient to the extent that the nutrient, or a product in which the nutrient is contained, is, in the opinion of the Governor in Council, regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment.

119. (1) Where there is a contravention of section 117 or the regulations, the Minister may, in writing, direct a manufacturer or importer of a nutrient, cleaning product or water conditioner to take any or all of the following measures in the manner and within the period directed by the Minister:

(a) give public notice of the contravention and of any danger to the environment or to human life or health posed by the nutrient, cleaning product or water conditioner;

(b) mail a notice as described in paragraph (a) to manufacturers, processors, distributors or retailers of the nutrient, cleaning product or water conditioner;

(c) mail a notice as described in paragraph (a) to persons to whom the nutrient, cleaning product or water conditioner is known to have been delivered or sold;

(d) replace the nutrient, cleaning product or water conditioner with one that meets the applicable requirements;

(e) accept the return of the nutrient, cleaning product or water conditioner from the purchaser and refund the purchase price;

(f) take other measures for the protection of the environment or human life or health; and

(g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).

(2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.

(3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.

120. The definitions in this section apply in this Division.

“land-based sources” means point and diffuse sources on land from which substances or energy reach the sea by water, through the air or directly from the coast. It includes any sources under the sea bed made accessible from land by tunnel, pipeline or other means.

“marine pollution” means the introduction by humans, directly or indirectly, of substances or energy into the sea that results, or is likely to result, in

(a) hazards to human health;

(b) harm to living resources or marine ecosystems;

(c) damage to amenities; or

(d) interference with other legitimate uses of the sea.

121. (1) The Minister may, after consultation with any other affected minister, issue environmental objectives, release guidelines and codes of practice to prevent and reduce marine pollution from land-based sources.

(2) To carry out the functions set out in subsection (1), the Minister

(a) shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with any government department or agency or any person interested in the protection of the sea;

(b) may organize conferences relating to the prevention or reduction of marine pollution from land-based sources; and

(c) may meet with the representatives of international organizations and agencies and other countries to examine the rules, standards, practices and procedures recommended under the United Nations Convention on the Law of the Sea, signed by Canada on October 7, 1982.

(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.

122. (1) The definitions in this subsection apply in this Division and in Part 10.

“aircraft” means a machine that is used or designed for navigation in the air, but does not include an air cushion vehicle.

“Canadian aircraft” means an aircraft that is registered under an Act of Parliament.

“Canadian permit” means a permit that is issued under subsection 127(1) or 128(2).

“Canadian ship” means a ship that is registered under an Act of Parliament.

“condition” means, in respect of a permit, any term or condition of the permit.

“contracting party” means a state that is a contracting party to the Convention or the Protocol.

“Convention” means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed by Canada on December 29, 1972, as amended from time to time.

“disposal” means

(a) the disposal of a substance at sea from a ship, an aircraft, a platform or another structure,

(b) the disposal of dredged material into the sea from any source not mentioned in paragraph (a),

(c) the storage on the seabed, in the subsoil of the seabed or on the ice in any area of the sea of a substance that comes from a ship, an aircraft, a platform or another structure,

(d) the deposit of a substance on the ice in an area of the sea,

(e) the disposal at sea of a ship or aircraft,

(f) the disposal or abandonment at sea of a platform or another structure, and

(g) any other act or omission that constitutes a disposal under regulations made under paragraph 135(3)(c),

but does not include

(h) a disposal of a substance that is incidental to or derived from the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea,

(i) the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol,

(j) the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal, or

(k) a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources.

“incineration” means the combustion of a substance on board a ship, a platform or another structure at sea for the purpose of its thermal destruction.

“master” means the person in command or charge of a ship, but does not include a licensed pilot, within the meaning of section 2 of the Pilotage Act.

“owner”, in relation to any ship, aircraft, platform or other structure, includes the person who has the possession or use, by law or contract, of the ship, aircraft, platform or other structure.

“Protocol” means the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended from time to time.

“ship” includes a vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to its method or lack of propulsion, and includes an air cushion vehicle.

“structure” means a structure that is made by a person.

“waste or other matter” means waste or other matter listed in Schedule 5.

(2) In this Division and in Part 10, “sea” means

(a) the territorial sea of Canada;

(b) the internal waters of Canada, excluding all the rivers, lakes and other fresh waters in Canada and the St. Lawrence River as far seaward as the straight lines drawn

(i) from Cap-des-Rosiers to the western-most point of Anticosti Island, and

(ii) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty-three degrees west;

(c) any exclusive economic zone that may be created by Canada;

(d) the arctic waters within the meaning of section 2 of the Arctic Waters Pollution Prevention Act;

(e) an area of the sea adjacent to the areas referred to in paragraphs (a) to (d) that is specified under paragraph 135(1)(g);

(f) an area of the sea under the jurisdiction of a foreign state, other than its internal waters; and

(g) an area of the sea, other than the internal waters of a foreign state, not included in the areas of the sea referred to in paragraphs (a) to (f).

1999, c. 33, s. 122; 2005, c. 23, s. 18.

122.1 The purpose of this Division is to protect the marine environment, particularly by implementing the Convention and the Protocol.

2005, c. 23, s. 19.

123. (1) No person or ship shall import a substance for disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e).

(2) No person or ship shall export a substance for disposal in an area of the sea under the jurisdiction of a foreign state or in its internal waters.

1999, c. 33, s. 123; 2005, c. 23, s. 20.

124. (1) No person shall, in Canada, load a substance onto any ship, aircraft, platform or other structure for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

(a) the substance is waste or other matter; and

(b) the loading is done in accordance with a Canadian permit.

(1.1) No ship shall, in Canada, load a substance onto itself for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

(a) the substance is waste or other matter; and

(b) the loading is done in accordance with a Canadian permit.

(2) The master of a ship or pilot in command of an aircraft shall not permit a substance to be loaded onto their ship or aircraft in Canada for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

(a) the substance is waste or other matter; and

(b) the loading is done in accordance with a Canadian permit.

(3) The master of a Canadian ship or pilot in command of a Canadian aircraft shall not permit a substance to be loaded onto their ship or aircraft outside Canada for the purpose of disposal at sea.

(4) Subsection (3) does not apply where

(a) the substance is waste or other matter;

(b) the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) or in an area of the sea that is under the jurisdiction of the foreign state where the substance is loaded;

(c) if the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) and the loading occurs in the territory of a foreign state that is a contracting party, the loading and disposal are done in accordance with a permit issued under the Convention or the Protocol by that state;

(d) if the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) and the loading occurs in the territory of a foreign state that is not a contracting party, the loading and disposal are done in accordance with a Canadian permit;

(e) if the disposal occurs in an area of the sea under the jurisdiction of a foreign state that is a contracting party, the loading and disposal are done in accordance with a permit issued under the Convention or the Protocol by that state; and

(f) if the disposal occurs in an area of the sea under the jurisdiction of a foreign state that is not a contracting party, the loading is done in accordance with a Canadian permit and the disposal is authorized by that state.

1999, c. 33, s. 124; 2005, c. 23, s. 21.

125. (1) No person or ship shall dispose of a substance in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

(a) the substance is waste or other matter; and

(b) the disposal is done in accordance with a Canadian permit.

(2) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless

(a) the substance is waste or other matter; and

(b) the disposal is done in accordance with a Canadian permit or, if the substance was loaded in the territory of a state that is a contracting party, a permit issued under the Convention or the Protocol by that state.

(2.1) No Canadian ship shall dispose of a substance in an area of the sea referred to in paragraph 122(2)(g) unless

(a) the substance is waste or other matter; and

(b) the disposal is done in accordance with a Canadian permit or, if the substance was loaded in the territory of a state that is a contracting party, a permit issued under the Convention or the Protocol by that state.

(3) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

(a) the substance is waste or other matter;

(b) the substance was loaded in the foreign state that has jurisdiction over that area;

(c) if the foreign state is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

(d) if the foreign state is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

(3.1) No Canadian ship shall dispose of a substance in an area of the sea referred to in paragraph 122(2)(f) unless

(a) the substance is waste or other matter;

(b) the substance was loaded in the foreign state that has jurisdiction over that area;

(c) if the foreign state is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

(d) if the foreign state is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

(4) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless the disposal is done in accordance with a Canadian permit.

(5) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

(a) if the foreign state that has jurisdiction over that area is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and

(b) if the foreign state that has jurisdiction over that area is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

(6) This section does not apply in respect of any disposal that is authorized under the Canada Shipping Act.

1999, c. 33, s. 125; 2005, c. 23, s. 22.

126. (1) No person shall incinerate a substance on board a ship, a platform or another structure in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

(a) the substance is waste generated on board the ship, platform or other structure during normal operations; or

(b) the incineration is done in accordance with a permit issued under subsection 128(2).

(1.1) No ship shall incinerate a substance on board the ship in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

(a) the substance is waste generated on board the ship during normal operations; or

(b) the incineration is done in accordance with a permit issued under subsection 128(2).

(2) No person shall incinerate a substance on board a Canadian ship or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) or (g) unless

(a) the substance is waste generated on board the Canadian ship or the Canadian platform or other structure during normal operations; or

(b) the incineration is done in accordance with a permit issued under subsection 128(2).

(3) No Canadian ship shall, in an area of the sea referred to in paragraph 122(2)(f) or (g), incinerate a substance on board the ship unless

(a) the substance is waste generated on board the ship during normal operations; or

(b) the incineration is done in accordance with a permit issued under subsection 128(2).

1999, c. 33, s. 126; 2005, c. 23, s. 23.

127. (1) The Minister may, on application, issue permits authorizing the loading for disposal and disposal of waste or other matter.

(2) An application for a permit must

(a) be in the prescribed form;

(b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6;

(c) be accompanied by the prescribed fees; and

(d) be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading or disposal described in the application or in any other publication specified by the Minister.

(3) Before issuing a permit under subsection (1), the Minister shall comply with Schedule 6 and shall take into account any factors that the Minister considers necessary.

128. (1) Paragraphs 125(1)(a), (2)(a), (2.1)(a), (3)(a) and (3.1)(a) do not apply if a permit is issued under this section.

(2) The Minister may, on application, issue a permit to dispose of or incinerate a substance if the Minister is of the opinion that

(a) the disposal or incineration of a certain quantity of the substance is necessary to avert an emergency that poses an unacceptable risk relating to the environment or to human health; and

(b) there is no other feasible solution.

(3) An application for a permit must

(a) be in the prescribed form;

(b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6;

(c) be accompanied by the prescribed fees; and

(d) subject to subsection (4), be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading, disposal or incineration described in the application or in any other publication specified by the Minister.

(4) The Minister may permit the publication referred to in paragraph (3)(d) to be made at any time after the application is made.

(5) The Minister shall

(a) offer to consult with any foreign state that is likely to be affected by the disposal or incineration and with the International Maritime Organization; and

(b) endeavour to follow any recommendations that are received from the International Maritime Organization.

(6) The Minister shall inform the International Maritime Organization of any action taken under this section.

1999, c. 33, s. 128; 2005, c. 23, s. 24.

129. (1) A Canadian permit shall contain any conditions that the Minister considers necessary for the protection of marine life, any legitimate uses of the sea or human life, including conditions relating to the following:

(a) the nature and quantity of the substance for loading, disposal or incineration;

(b) the method and frequency of the disposal or incineration authorized including, if necessary, the date or dates on which disposal or incineration is authorized;

(c) the manner of loading and stowing the substance authorized for disposal or incineration;

(d) the site at which disposal or incineration may take place;

(e) the route to be followed by the ship or aircraft transporting the substance to the disposal or incineration site;

(f) any special precautions to be taken respecting the loading, transporting, disposal or incineration of the substance; and

(g) the monitoring of the disposal, the incineration and the disposal site to determine the effects of the disposal on the environment and human life.

(2) A Canadian permit shall specify that it is valid for a particular date or dates or for a particular period that shall not exceed one year.

(3) The Minister may suspend or revoke a Canadian permit or vary its conditions where, having regard to Schedule 6 or the establishment of, or any report of, a board of review under section 333, the Minister considers it advisable to do so.

130. (1) Despite the other provisions of this Division, a person may dispose of a substance if

(a) it is necessary to avert a danger to human life or to a ship, an aircraft, a platform or another structure at sea in situations caused by stress of weather or in any other case that constitutes a danger to human life or a threat to a ship, an aircraft, a platform or another structure at sea;

(b) the disposal appears to be the only way of averting the danger or threat; and

(c) it is probable that the damage caused by the disposal would be less than would otherwise occur.

(2) Any disposal under subsection (1) shall be carried out in a manner that minimizes, as far as possible, danger to human life and damage to the marine environment.

(3) Subsection (1) does not apply if the danger was caused or contributed to by the person’s negligent act or omission.

(4) If disposal takes place under subsection (1), the master of the ship, the pilot in command of the aircraft or the person in charge of the platform or other structure shall report the disposal without delay to an enforcement officer or any other person whom the Governor in Council may, by order, designate, at the location and in the manner that may be prescribed, and the report shall contain any information that may be prescribed.

1999, c. 33, s. 130; 2005, c. 23, s. 25(E).

131. If a person disposes of a substance in accordance with the conditions of a Canadian permit or section 130, subsection 36(3) of the Fisheries Act is not applicable.

132. The Minister shall monitor sites selected by the Minister that are used for disposal or incineration at sea.

133. (1) When issuing a Canadian permit or varying its conditions, the Minister shall publish a copy of the permit and its conditions, or the varied conditions, in the Canada Gazette.

(2) Publication under subsection (1) shall be made

(a) in the case of a permit issued under subsection 128(2), as soon as possible after the permit is issued; and

(b) in every other case, at least 30 days before the first date on which loading, disposal or incineration is authorized by the permit or by the varied conditions.

134. (1) Any person may file with the Minister a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, if the Minister

(a) issues or refuses a Canadian permit; or

(b) suspends or revokes a Canadian permit or varies its conditions, otherwise than in accordance with the recommendations of a report of a board of review established under section 333 in respect of the permit.

(2) A notice of objection under subsection (1) shall be filed within 30 days after

(a) the date the Canadian permit is published in the Canada Gazette; or

(b) the date the person received a notice from the Minister that the Canadian permit has been refused, suspended or revoked, or that its conditions have been varied.

135. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division and Schedule 6, including regulations

(a) for carrying out and giving effect to the provisions of the Convention or the Protocol;

(b) defining the expression “Canadian platform or other structure”;

(c) respecting the report referred to in subsection 130(4);

(d) respecting the conduct of sampling, analyses, tests, measurements or monitoring;

(e) respecting the conditions, test procedures and laboratory practices to be followed for sampling, analysing, testing, measuring or monitoring;

(f) respecting the monitoring of disposal sites;

(g) specifying, for the purpose of paragraph 122(2)(e), areas of the sea adjacent to areas referred to in any of paragraphs 122(2)(a) to (d);

(h) limiting the quantity or concentration of a substance contained in waste or other matter for disposal; and

(i) prescribing any other thing that by this Division is to be prescribed.

(2) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedules 5 and 6.

(3) The Minister may make regulations

(a) prescribing the form of an application for a Canadian permit;

(b) specifying the information required to be contained in or to accompany an application for a Canadian permit;

(c) specifying acts or omissions that constitute a disposal for the purposes of paragraph (g) of the definition “disposal” in subsection 122(1);

(d) specifying, for the purposes of paragraph (h) of the definition “disposal” in subsection 122(1), the operations that are deemed to be, or deemed not to be, the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure;

(e) specifying, for the purposes of subsections 125(1) to (3.1), disposals that are deemed to be, or deemed not to be, disposals of substances referred to in paragraph (h) of the definition “disposal” in subsection 122(1), which specifications may refer, among other things, to any quantity or concentration of any substance or to any place or area; and

(f) specifying, for the purposes of section 126, the operations that are deemed to be, or deemed not to be, normal operations of ships, including Canadian ships.

1999, c. 33, s. 135; 2005, c. 23, s. 26.

136. If the Minister directs an action to be taken by or on behalf of Her Majesty in right of Canada to remedy a condition or mitigate damage resulting from an offence under this Act that arises out of this Division, the costs and expenses of and incidental to taking that action, to the extent that they can be established to have been reasonably incurred in the circumstances, are recoverable by Her Majesty in right of Canada from the person or ship that committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.

1999, c. 33, s. 136; 2005, c. 23, s. 27(E).

137. Except where otherwise provided by any rules of the Federal Court that are applicable to proceedings arising out of this Division, any document that, for the purposes of any such proceedings, is to be served on a person may be served

(a) in any case, by delivering a copy of the document personally to the person to be served or, if the person cannot be found, by leaving a copy at their latest known address;

(b) if the document is to be served on the master of a ship or on any other person employed on a ship and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document for the master or other person on board the ship with the person who is, or appears to be, in command or charge of the ship;

(c) if the document is to be served on the pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document with the person who is, or appears to be, in charge of the aircraft; and

(d) if the document is to be served on a person in their capacity as owner or master of a ship or owner or pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a) and the ship or aircraft is within an area of the sea referred to in any of paragraphs 122(2)(a) to (e) or in Canada, by leaving a copy of the document with any agent of the owner residing in Canada or, where no such agent is known or can be found, by affixing a copy of it to a prominent part of the ship or aircraft.