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ARCTIC WATERS POLLUTION PREVENTION ACTArctic Waters Pollution Prevention Regulations
REGULATIONS RESPECTING THE PREVENTION OF POLLUTION OF THE ARCTIC WATERS Short Title1. These Regulations may be cited as the Arctic Waters Pollution Prevention Regulations. Interpretation2. In these Regulations,
"Act" « loi » "Act" means the Arctic Waters Pollution Prevention Act;
"arctic waters" « eau arctiques » "arctic waters" has the meaning assigned to that expression in section 3 of the Act; PART IInterpretation3. In this Part,
"domestic waste" « déchets ménagers » "domestic waste" means any waste other than industrial waste;
"industrial operation" « opération industrielle » "industrial operation" means any undertaking carried on for commercial purposes and includes any process of industry, manufacture, trade or business, or exploring for, developing or exploiting any natural resource;
"industrial waste" « déchets industriels » "industrial waste" means any waste produced by or arising from an industrial operation;
"operator" « exploitant » "operator" means any person described in paragraph 6(1)(a) or (b) of the Act;
"pollution prevention officer" « fonctionnaire chargé de la prévention de la pollution » "pollution prevention officer" means a person designated as a pollution prevention officer pursuant to section 14 of the Act;
"sewage operation" « travaux d'égout » "sewage operation" means any undertaking for the collection, storage, transmission, treatment or disposal of domestic waste or industrial waste.
Application 4. This Part applies to the deposit of waste in the arctic waters or in any place on the mainland or islands of the Canadian arctic under any conditions where such waste or any other waste that results from the deposit of such waste may enter the arctic waters but does not apply to the deposit of waste by a ship. Deposit of Domestic Waste 5. Any person may deposit or permit the deposit of domestic waste if the domestic waste is of a type and in a quantity and is deposited under conditions authorized by or under the Public Health Ordinance of the Northwest Territories or the Public Health Ordinance of the Yukon Territory, whichever is applicable. Deposit of Industrial Waste 6. Any person may deposit or permit the deposit of industrial waste if the industrial waste is of a type and in a quantity and is deposited under conditions authorized by or under the Oil and Gas Production and Conservation Act, the Territorial Lands Act or the Public Lands Grants Act, whichever is applicable. Report of Deposit of Waste or Danger thereof 7. Where any person
he shall forthwith report the deposit of waste or the accident or other occurrence to a pollution prevention officer at Whitehorse in the Yukon Territory or at Yellowknife in the Northwest Territories by telecommunication or, where telecommunication is not available, by the fastest means available. Limits of Liability8. For the purposes of section 6 of the Act, the maximum amount of liability of an operator in respect of each deposit of waste is as follows:
PART IIInterpretation10. In this Part,
"gold franc" « franc-or » "gold franc" means a unit of 65 1/2 milligrams of gold of millesimal fineness 900;
"Minister" « Ministre » "Minister" means the Minister of Transport;
"underwriter" « assueur » "underwriter" means an insurer or insurers approved by the Minister;
"zone" « zone » "zone" means an area of arctic waters prescribed as a shipping safety control zone pursuant to subsection 11(1) of the Act.
Application 11. This Part applies to civil liability for the deposit of waste by ships in arctic waters. Evidence of Financial Responsibility 12. (1) Subject to section 13, the owner of any ship that proposes to navigate within any zone shall file with the Minister evidence of financial responsibility that may be in the form of
(2) Evidence of financial responsibility in the form described in paragraphs (1)(a) and (b) is satisfactory to the Governor in Council notwithstanding that the special policy endorsement for arctic waters states that in respect of any costs, expenses, actual loss or damage resulting from any deposit of waste caused by or otherwise attributable to the ship, the underwriter, in the case of a direct claim against him under subsection 8(2) of the Act, is not liable where
(3) Notwithstanding anything contained in this section, the special policy endorsement for arctic waters may state that, in the case of a direct claim against him under subsection 8(2) of the Act, the underwriter may invoke any defence that would be or would have been available to the ship owner and that the maximum amount of the liability of the underwriter shall not, in any event, be greater than the maximum amount of the liability of the ship owner. 13. Where the quantity of waste to be carried in a ship that proposes to navigate in a zone does not exceed 2,000 tons, no evidence of financial responsibility need be filed, but the policy of insurance with respect to the ship may contain the statements set out in subsections 12(2) and (3). 14. The owner of any cargo to be carried in a ship that proposes to navigate in arctic waters shall be jointly responsible with the owner of the ship for the filing, by the owner of the ship, of the declaration described in paragraph 12(1)(a) and for the truth of any statement contained therein. Limits of Liability 15. (1) For the purposes of section 6 of the Act, the maximum amount of the joint and several liability of a ship owner and the owners of cargo in the ship in respect of any occurrence, or series of occurrences having the same origin, resulting in a deposit of waste that causes loss or damage shall, subject to subsection (2), be determined by multiplying 2,000 gold francs by the number of tons of the ship's tonnage, but the maximum amount of such liability shall not exceed 210 million gold francs. (2) Where the owner or underwriter of a ship has taken any action
the limits of liability prescribed by subsection (1) shall be reduced by an amount equal to the costs and expenses of and incidental to the taking of such action if such costs and expenses can be established to have been reasonably incurred in the circumstances. (3) The amounts that are equivalent to 2,000 gold francs and 210 million gold francs respectively shall be determined in the manner specified in the (Canada Shipping Act) Gold Franc Conversion Regulations. 16. For the purposes of section 15, the tonnage of a ship shall
Established by the CONSOLIDATED REGULATIONS OF CANADA, 1978.amended by SOR/78-556 30 June, 1978 pursuant to section 9 of the Arctic Waters Pollution Prevention Act The definition "program" in section 2 SOR/79-7 18 December, 1978 pursuant to section 9 of the Arctic Waters Pollution Prevention Act Subsection 15(3) SOR/79-406 10 May, 1979 pursuant to section 9 of the Arctic Waters Pollution Prevention Act The definition "program" in section 2 is revoked, Paragraph 8(c), Section 8 by adding subsections (2) and (3) SOR/80-75 11 January, 1980 pursuant to section 9 of the Arctic Waters Pollution Prevention Act Subparagraph 8(1)(c)(ii) SOR/80-413 5 June, 1980 pursuant to section 9 of the Arctic Waters Pollution Prevention Act Subparagraph 8(1)(c)(ii), Subparagraph 8(1)(c)(iii), Subsections 8(2) and (3) SOR/81-447 8 June, 1981 pursuant to section 9 of the Arctic Waters Pollution Prevention Act Sections 8 and 9 SOR/83-229 11 March, 1983 pursuant to section 9 of the Arctic Waters Pollution Prevention Act Section 9 is revoked |
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