|
|
|
||||
|
||||||
| |
|
|
|
|
||
|
|
|
|
|
||
|
||||||
An international conference was held in London, England in 1972 on the dumping of wastes at sea. This conference was prompted by the all-too-common practice in some parts of the world of hauling dangerous wastes, including radioactive residues, far out to sea for disposal in international waters. In 1975, Canada joined more than 50 other countries in ratifying the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter. This convention, referred to as the London Convention, is a powerful weapon in the battle to protect the sea and its vital living resources including food resources from lethal forms of pollution. The Parliament of Canada passed the Ocean Dumping Control Act in 1975 to fulfil in part Canada's international obligations under this convention. The act governed the use of Canadian seas and Canadian ships and aircraft - in disposing of waste material. In 1988 the Ocean Dumping Control Act was incorporated, as Part VI, into the Canadian Environmental Protection Act (CEPA).
CEPA Part VI (The Ocean Dumping Control Act) does not apply to discharges resulting from offshore mineral exploration and development, from the normal operation of ships and other craft, or from land-based sources such as effluent pipelines. These are covered by other legislation, such as the Canada Shipping Act, the Fisheries Act, the Navigable Waters Protection Act and the Arctic Waters Pollution Prevention Act. Information on these Acts are available at the Justice Canada Site. CEPA Part VI does apply to the disposal of all other materials at sea and to the incineration of materials at sea. It also applies to loading wastes on ships, aircraft, platforms or other artificial structures for disposal at sea.
Under CEPA Part VI disposal of wastes at sea is regulated through a system of permits. One year is the maximum duration of a permit and the non-refundable application fee is $2500.00 All ocean disposal permits and amendments to permits must be published in the Canada Gazette before they come into force. The terms and conditions of permits vary with the type of substance for disposal. They are designed to protect human health, marine life and any other legitimate uses of the sea. Permits typically govern such things as timing, handling, storing, loading and placement at the disposal site.  Permits to dispose of wastes at sea are required for all Canadian ships, aircraft, platforms or other artificial structures in all waters. Similarly, foreign vessels require such permits if they wish to dump in Canadian waters. Inspectors are designated under CEPA and
inspections are carried out to ensure compliance with the act and the terms and conditions
of the permits. Except in emergencies, a permit is needed to dispose of any substance in Canadian ocean waters, or from a Canadian craft anywhere on or over the high seas. An emergency is considered to be any situation where disposal is necessary to avert danger to human life or to any ship, aircraft, platform or other artificial structure. Any emergency dumping by a Canadian ship anywhere in the world must be reported immediately to Environment Canada with details of the location, amount and properties of the substance dumped. Similar reporting is required for foreign ships in Canadian waters. If a permit is refused, or if the applicant is dissatisfied with the operating conditions specified, he may appeal and call for a Board of Review. A Board may also be established to hear objections from the general public to the granting of any permit, or the terms under which it is issued.
Anyone who disposes of a substance at sea, except in accordance with a permit, or anyone who fails to make an emergency report is guilty of an offence. Penalties range up to $300, 000 or six months imprisonment, or both, on summary conviction and up to $1 million or 3 years imprisonment, or both, on indictment. For further information, please contact Kok-Leng Tay, 902-426-8304 or Victor Li, 902-426-8305.
Return to Environmental Protection Branch Index Page Return to our Programs and Priorities Index Page | ||||||||||
| ||||||||
