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The introduction by humans, directly or indirectly, of substances or energy into the sea that
results, or is likely to result, in:
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(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.
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- Canadian Environmental Protection Act, 1999.
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Under the Canadian Environmental Protection Act, 1999 (CEPA) disposal at sea means
the deliberate disposal of approved substances at sea from ships, aircraft, platforms or other
structures. Each year in Canada, two to three million tonnes of material are disposed of at sea.
About 90 percent of that quantity is dredged sediment from river or marine sources or excavated
native till. Most of the dredged material is moved each year to keep shipping channels and harbours clear
for navigation.
Discharges from land or from normal ship operations (such as bilge water) are not considered
disposal at sea, but are subject to other controls.
Under CEPA, permits for disposal at sea may be considered only for the following substances:
- Dredged material.
- Fish waste and other organic matter resulting from industrial fish processing operations.
- Ships, aircraft, platforms or other structures from which all material that can create
floating debris or other marine pollution has been removed to the maximum extent possible.
- Inert, inorganic geological matter.
- Uncontaminated organic matter of natural origin.
- Bulky substances that are primarily composed of iron, steel, concrete or other similar
matter that does not have a significant adverse effect, other than a physical effect, on the
sea or the seabed.
The definition of "disposal" is found in Section 122 of CEPA (Part 7, Division 3). The list of substances that may be considered for disposal at sea is found in Schedule 5 to CEPA.
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Disposal at sea is considered acceptable for non-hazardous material and where it is the
environmentally preferable and practical alternative. An example would be the disposal of clean sediments dredged from waterways (to keep them safe for navigation) where landfill space is not available. Another case where disposal at sea can be preferable is for the management of fisheries wastes where recycling facilities are not available. Permits are not granted if practical opportunities are available to recycle, reuse or
treat the waste.
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Disposal at sea is controlled by a system of permits under the Canadian Environmental
Protection Act, 1999 (CEPA). Each permit is assessed on a case by case basis and may be
considered only for the following substances:
- Dredged material.
- Fish waste and other organic matter resulting from industrial fish processing operations.
- Ships, aircraft, platforms or other structures from which all material that can create floating debris or other marine pollution has been removed to the maximum extent possible.
- Inert, inorganic geological matter.
- Uncontaminated organic matter of natural origin.
- Bulky substances that are primarily composed of iron, steel, concrete or other similar matter that does not have a significant adverse effect, other than a physical effect, on the sea or the seabed.
Environment Canada administers the Disposal at Sea Permit System. Basic information on permits
issued under CEPA, is available online at the
CEPA Registry.
As well, all proposed disposal at sea projects are reviewed under the Canadian Environmental Assessment
Act and are registered in the CEAA
on-line public registry.
Applications to load and ocean dispose of material are reviewed by Environment Canada with
advice from the Regional Ocean Disposal Advisory Committee (RODAC). This expert committee includes
representation from Environment Canada, Fisheries and Oceans Canada, and often from relevant
provincial regulatory authorities. An application must include proof of publication of a "Notice
of Intent" in a newspaper local to the proposed project area. This notice provides details
about the proposed activities to the public who are invited to submit comments throughout the application
process. Any potential conflicts with other legitimate uses of the sea need to be addressed during
this process.
Only materials that have been rigorously tested and meet the requirements under CEPA,
its related Regulations and policy guidelines
are approved for ocean disposal. All ocean disposal permits and permit amendments must be published
in the Canada Gazette
for 30 days before they come into force.
After an ocean disposal permit has been issued, Environment Canada enforcement staff may conduct surveillance and inspections at both the load site and disposal site to ensure compliance
with ocean disposal permit conditions.
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The permit assessment phase involves public notice, an application for a permit that provides detailed data,
a scientific review and payment of fees. This system has been in place since 1975.
Applicants must provide the required information. For dredged material and geological matter,
this can require field sampling and laboratory analysis. As well, additional information may be
required to assess specific concerns of a proposed site.
Permits are assessed by Environment Canada with advice from the Regional Ocean Disposal Advisory
Committee (RODAC). This expert committee includes representation from Environment Canada, Fisheries
and Oceans Canada, and often from relevant provincial regulatory authorities. The permit review
involves a numbers of steps and may take 2 to 3 months. This includes a 30 day waiting period that
is mandatory under CEPA. Given this, applicants are advised to discuss their sampling and analysis
plans with Program staff before beginning any work to ensure that they can satisfy information
requirements.
See Applying for a Permit for details.
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Once issued, a permit sets out basic conditions controlling the disposal activities, such as:
- specifying 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.
Additional conditions may be set out to mitigate site-specific concerns.
These conditions may address vessel traffic issues or set timing restrictions to protect
migrating species.
Permits can be amended during their specified term to change certain
conditions. Significant changes, however, could require a new application. See Applying for a Permit for further details.
For examples of a permit and an amendment, see the documents page for copies extracted from the Canada
Gazette.
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If you have concerns about any disposal at sea activities contact the Disposal at Sea Program at your nearest Environment Canada
Regional Office.
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Each year, about 130 disposal sites on Canada's east and west coasts receive two to three
million cubic metres of material. Maps of the site locations can be found in the
Maps Section of the Image Gallery.
The Annual Report to
Parliament for Canadian Environmental Protection Act includes a summary of the
disposal at sea permits issued and quantities permitted.
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Once disposal activity is complete, what happens at the site depends on the quantity and type of
material disposed of as well as the site's environmental conditions. Before disposal activties, the permit review sought to predict of the fate of the material disposed of at the site based on the
application's data. This prediction is called an Impact Hypothesis. Selected sites are monitored each year to measure their environmental
conditions and verify Impact Hypotheses. The results of these monitoring activities are used in future permit
reviews to guide decision making.
Details can be found in the
Monitoring section.
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See Obtaining an Application
under the Applying for a Permit page.
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The permit review may take up to 120 days. This
includes a 30 day waiting period that is mandatory under CEPA. See
Permit Review Time Frame under
the
Applying for a Permit page.
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All permits are subject to a non-refundable $2500 application fee. Permits for dredged
material or inert, inorganic geological material (usually excavated till) are subject to an
additional monitoring fee of $470 per 1000 cubic metres. See
the Fees section for details.
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It is the policy of the Government of Canada to recover costs for government activities that have
resulted in specific benefits received by identifiable clients. The Treasury Board Cost Recovery and
Charging Policy allows federal departments, where a specific service, or right or privilege is provided,
to fairly charge clients or beneficiaries who benefit beyond what is enjoyed by the general public.
Monitoring disposal sites allows clients continued access to suitable
sites by helping to ensure that the permit conditions were
met and verifying that assumptions made during the permit review
and site selection process were correct and sufficient to
protect the environment and human health. Annual monitoring
reports are produced for client use and review by all interested
parties.
For further details on the introduction of the permit fee, please see the Regulatory Impact
Analysis Statement for the fee's regulations.
For infomation on the public consultations on the fees, see Consultation documents.
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Public notification is part of the permit review process. Should someone express concerns about
your proposed activities, Environment Canada will respond to them, but may contact you and request
supporting information or may ask you meet with that party to discuss and resolve their concerns.
Many issues can be resolved by including specific conditions in the permit. Environment Canada may
act as an arbitrator during the discussions and will consider all sides before making a permit decision.
During the 30 day period following publication of your permit in
Part I of the
Canada Gazette, a concerned member of the public may object to Environment Canada
issuing your permit.
This is a very rare occurance as public concerns are normally addressed during the review process
before a permit is issued. Should objections occur, however, Environment Canada will respond to the
objecting party, but may contact you for supporting information. Should the objecting party provide
new information that substantiates a serious claim, Environment Canada could suspend your permit until the issue is resolved or revoke it altogether.
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Where disposal at sea may be necessary to avert an emergency, please contact
the nearest Environment Canada Regional Office
immediately. You may also need to contact your nearest Canadian Coast Guard Rescue Centre.
Under the Disposal at
Sea provisions of CEPA, two separate sections address different emergency situations.
One (section 130) concerns emergencies where human life is in immediate danger and disposal at
sea is necessary to avert that danger. An example would be a damaged ship jettisoning cargo to
avoid sinking. In such a case, disposal is allowed to proceed without the permit, but the person in
charge has a duty to report the incident to Federal authorities.
The Disposal at Sea
Regulations describe
what the report must contain. Environment Canada reports details of emergency activities
to the International Maritime Organization.
The other section (128) concerns situations where sea disposal is the only feasible
solution to avert an emergency that poses an unacceptable risk to the environment or human health.
Under this section, the disposal activity is still subject to a permit review, the fees, and
public notice but the activity may begin prior to the permit's publication in the
Part I of the Canada
Gazette. Environment Canada is obliged to consult with the
International
Maritime Organization and must try follow its recommendations or advice. An
example of this may be removing a derelict ship that threatens an important colony of rare seabirds.
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The Disposal at Sea Program has been in place since 1975 and has maintained good relationships
with the regulated community.
All disposal at sea is subject to Environment Canada's
Enforcement and Compliance policy under CEPA.
Permits are subject to inspection and Enforcement staff have periodically investigated and prosecuted
offenders.
A 1996 compliance study was completed on six regulations under the Canadian Environmental Protection Act, including
Disposal at Sea. Overall compliance was found to be 97 percent.
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If you suspect illegal dumping, contact your nearest
Regional Office of Environment Canada
or Regional
Enforcement staff.
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