If you are applying for a permit

This page presents an overview of the permitting process. If you are seeking detailed information on the regulations, consult the Regulations section. If you have questions related to the fees, please consult the Fees section. If the same party is conducting more than one project in a year, in most cases, a new application and fee must be submitted for each project. Some multi-site permits may be granted, consult with your Environment Canada Regional Office for details.

Obtaining an application form Completing your application Publishing your notice of intent Assessment of the material Assessment of the disposal site The permit decision

Permit conditions and your responsibilities If you need more time and other changes Applicant's check list Time frame for the permit process

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Obtaining an application form

A downloadable application form is available in MS Word format (52KB) which can be completed using compatible word-processing software, printed out, and submitted with supporting documents to your nearest Program Office. As well, the form is available in PDF format (30KB).

Alternatively, hard copies of the application form for a disposal at sea permit may be obtained from your nearest Regional Office.

Applications are accepted throughout the year but due to the environmental assessment and consultation required, the process can take about 120 days. Applications are to be submitted to the nearest Regional Director of Environmental Protection at Environment Canada.

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Completing your application

You are advised to discuss your specific requirements with Regional Program staff prior to submitting an application. This helps to avoid problems and delays during the review. Applications are accepted throughout the year but due to the environmental assessment and consultation required, the process can take about 120 days. The application must contain proof that a notice of the application was published in a newspaper of general circulation in the vicinity of the proposed loading and disposal activities to satisfy Section 127(2)(d) of CEPA. (see Publishing your notice of intent)

The application form requires specific information including:

• a detailed description of the proposed activity;
  • the type and amount of material intended for disposal;
  • for dredged material or inert inorganic geological matter, an appropriate chart or map showing the location of the load site relative to known landmarks, a site diagram detailing the dimensions and depths of the proposed dredge or excavation cut, and nearby facilities or pollution sources and site history;
  • details describing the disposal site, including co-ordinates, depth, and the expected dispersion of the material;
  • the method of disposal and the equipment to be used;
  • the time frames for the loading and disposal; and
  • any mitigation measures needed.
• the rationale why disposal at sea is the environmentally preferable and practical option to manage the waste;
• any opportunity to reduce, reuse, or recycle the waste;
• the physical, chemical, and biological assessment of the waste, as appropriate;
• the selection and justification of a suitable disposal site (either new or existing);
• public notice; and
• consultation with other legitimate users of the sea.

To facilitate processing, the application should be as complete as possible. Information requested on the application which cannot be provided at the time of submission, or which does not apply to the proposed activities, should be identified by TBA (to be advised) or NA (not applicable).

The form should be completed, signed and submitted to your Environment Canada regional office along with:

• the application fee of $2500
• a clipping or copy of your notice of intent
• any required supporting documents (namely maps or chart and lab results), and
• in the case of dredged material, or inert, inorganic, geological matter, the required monitoring fee.

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Publishing your notice of intent

The application must contain proof that a notice of the application was published in a newspaper of general circulation in the vicinity of the proposed loading and disposal activities to satisfy Section 127(2)(d) of CEPA. To those in the vicinity, the notice explains the planned disposal activities, the intent of the project, as well as its duration and location. This notice should be published at least once.

Click below on your preferred format to download a sample notice of intent.

PDF (10 KB) or MS Word (15 KB)

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Assessment of the material

Environment Canada will require chemical contaminant data from any proposed loading or ocean disposal activities for sediments or excavated material. In general, information from previous permits remains valid for up to four years, provided there are no new pollution sources and site conditions remain unchanged. If the information is older than 4 years, or new pollution sources are identified, new sampling and chemical analysis will be needed. If chemical contaminant levels exceed any of the lower action levels as set out in the Disposal at Sea Regulations, the applicants will also be required to conduct biological testing if they wish to pursue their application. Biological testing data are also deemed to be valid for up to four years, provided that no new pollution sources appear and the site conditions remain unchanged. Environment Canada should be consulted before any sampling is initiated to ensure that the program design is adequate with respect to sampling site location, sampling techniques, analytical methods, parameters of concern, and quality assurance.

Vessels and bulky substances normally require a description of cleanup techniques and results. Most vessels would need to be inspected before a permit is approved. Fish waste or organic matter of natural origin require supporting information that the original product was fit for consumption by humans or animals and that alternatives to disposal at sea are not available. Applicants should consult the nearest Environment Canada regional office to ensure their application is complete before submitting it.

Details on the assessment process for wastes and other matter to be disposed of at sea can be found in Schedule 6 to CEPA.

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Assessment of the disposal site

In general, if the proposed disposal site has been used within the last ten years, the site is considered an existing site and minimal information is required (coordinates, depth, quantity proposed for each site). If the proposed disposal site has not been used within the last ten years, it is considered a new site and will require more detailed information, such as its bathymetry, currents, and the presence of trace contaminants, to assess the suitability of the chosen site for receiving the material.

Fisheries wastes will require a disposal site that is dispersive and is located far enough from other legitimate users so that the material will not wash ashore or cause conflict with fishing or other activities.

Vessels are almost always disposed of at a new site and therefore a detailed assessment is usually required. Depending on their nature, bulky substances may be disposed of either at a new or existing site.

Details on the assessment process for wastes and other matter to be disposed of at sea, including consideration of the disposal site, can be found in Schedule 6 to CEPA.

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The permit decision

Your application will be reviewed by a Regional Ocean Disposal Advisory Committee to examine if there are potential issues related to:

• available alternatives to disposal at sea,
• chemical contaminant problems,
• risks to navigation,
• physical impacts to fisheries habitat, and
• conflicts with other uses of the sea.

During the review, you may be required to provide additional information. Further consultations, including public meetings, may be held by Environment Canada.

If the review decision rejects your application, you will need find an alternative to disposal at sea and Program staff may provide advice. If applicable, any part of the monitoring fee that you paid will be refunded. The application fee remains non refundable.

Once the review is complete and a decision is taken to grant your permit, Environment Canada drafts it based on the review's findings. The permit may require you to take special measures to minimize potential impacts, such as restricting the timing of your operations or defining a specific route for your equipment.

Once the permit is signed by the Regional Director, the official text is published in Part I of the Canada Gazette. You will receive a copy and may begin operations any time after its start date. There is a 30-day public comment period between the date of publication and the first day of activity under the permit. The start date for loading and disposal is always set to account for the mandatory consultation period. This period cannot be waived, so applicants should plan activities accordingly. All disposal at sea permits are valid for a period of up to one year.

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Permit conditions and your responsibilities

After the permit decision, Environment Canada will draft a permit based on the findings of the review. Once your permit is granted, it remains in force for its specified term up to a maximum of one year. You are expected to meet all its requirements and obligations. The permit will set out basic information as required under CEPA such as:

• the permittee,
• the term of the permit or valid dates for loading and disposal operations,
• the loading and disposal site locations and the route to follow,
• the equipment and methods to be used,
• the nature and quantity of the substance to be disposed of, and
• reporting or monitoring requirements.

For examples of a permit and an amendment, see the documents page for copies extracted from the Canada Gazette.

In addition, the permit may specify other requirements and restrictions, to effectively control the operation and protect the marine environment. Examples of common conditions (obligations on the permittee) are:

• keeping a copy of the permit and supporting documents in the vicinity of operations, either aboard vessels or at the loading site,
• timing restrictions to protect marine resources at sensitive periods,
• notifying the Environment Canada regional office, prior to the commencement of loading and disposal operations,
• keeping a record of operations and providing a report to Environment Canada upon completion of operations or the expiry of the permit,
• keeping copies of the permit readily available on site or on board any equipment,
• paying any remaining balance of the monitoring fee (for dredged material and inert, inorganic geological matter only),
• cooperating with any Enforcement Officer,
• contacting the Canadian Coast Guard to advise the Maritime Communications and Traffic Services Centre when the disposal vessel has reached the disposal site,
• notifying the Department of Fisheries and Oceans in advance of each disposal operation,
• in some cases, conducting mitigation projects, especially if special disposal techniques are authorized, and
• advising Program staff in a timely manner should any circumstances arise that require the conditions of the permit to be amended.

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If you need more time and other changes

Permits can be amended during their specified term to change certain conditions. Amendments may be requested by writing to the Disposal at Sea Program staff at your Environment Canada Regional Office.

An amendment may be subject to review and if it is significant, a new permit may be required. Any amendment to an existing permit is subject to the same publication requirements as the permit itself; that is it must be published in the Canada Gazette and takes effect 30 days from the date of its publication. Amendments typically include:

• adding or removing sites,
• decreasing or extending the term (up to a maximum of one year),
• increasing the quantity, or
• adding or removing special conditions.

Depending on the nature of these changes, further public consultation may be required. For dredged material or inert, inorganic geological matter, the monitoring fee applies to any additional quantity as set out in the Fees section. If your request doubles the quantity permitted, a new permit application and fee will be required.

If your operations will extend beyond one year, you must apply for another permit. If there are no changes to the pollution sources in the vicinity of your operations, the scientific data supporting your original application remains valid for up to four years.

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Applicant's check list

Before submitting your application have you:

• consulted Environment Canada's Regional Office on sampling and analysis requirements?
• published your "Notice of Intent" in a local newspaper?
• conducted any required sampling and analysis?
• completed your application form and included all required data and supporting documents?
• included a copy of your "Notice of Intent"?
• included your application fee of $2,500?
• included at least one half of monitoring fee?

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Time frame for the permit process

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