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Vol. 135, No. 17 August 15, 2001
Registration
SOR/2001-276 1 August, 2001
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Regulations Respecting Applications for Permits for Disposal at
Sea Whereas, pursuant to subsection 332(1) of the Canadian
Environmental Protection Act, 1999 (see
footnote a), the Minister of the Environment published in the Canada
Gazette, Part I, on February 17, 2001 a copy of the proposed Regulations
Respecting Applications for Permits for Disposal at Sea under the
title Regulations Respecting the Form and Content of an Application
for a Permit for Disposal at Sea, substantially in the annexed form,
and persons were given an opportunity to file comments with respect to
the proposed Regulations or to file a notice of objection requesting that
a board of review be established and stating the reasons for the objection;
Therefore, the Minister of the Environment, pursuant to subsection 135(3)
of the Canadian Environmental Protection Act, 1999 (see
footnote b), hereby makes the annexed Regulations Respecting Applications
for Permits for Disposal at Sea.
Ottawa, August 1, 2001
David Anderson
Minister of the Environment
REGULATIONS RESPECTING APPLICATIONS FOR PERMITS
FOR DISPOSAL AT SEA
PERMITS
1. An application for a permit referred to in section
127 or 128 of the Canadian Environmental Protection Act, 1999
shall be submitted in the form set out in the schedule and shall contain
the information relevant to the application that is provided for in the
schedule.
2. The application shall be submitted in writing or
in an electronic format that is provided by the Department of the Environment.
COMING INTO FORCE
3. These Regulations come into force on the day on
which they are registered.
SCHEDULE
(Section 1)
Environment
Canada |
Environnement
Canada |
PERMIT APPLICATION
(DISPOSAL AT SEA)* |
Application Identification
(OFFICE USE)
Name:
Number: |
Permits are issued in accordance with Division 3 of Part 7 of the
Canadian Environmental Protection Act, 1999 (CEPA 1999). "Disposal"
is defined in subsection 122(1) of the Act. Information provided on this
form will be used to evaluate the application for a permit.
The following activities are covered by this application (indicate those
activities that apply to you):
1. Loading for the purpose
of disposal
2. Disposal of waste
or other matter
3. Disposal on ice
4. Other: ______________________________________
SUBSTANCE TO BE DISPOSED OF AT SEA:
PART A APPLICANT INFORMATION
IDENTIFICATION |
1. NAME OF APPLICANT |
2. TELEPHONE NO. |
3. FAX NO. |
4. ADDRESS |
5. TYPE OF BUSINESS |
6. PREVIOUS PERMITS List the
permit numbers of your previous permits, if any, relevant to this
application. |
Permit No. |
Expiry Date
(year/month) |
7. NAME OF INDIVIDUAL(S) RESPONSIBLE FOR PROPOSED ACTIVITY
|
8. TELEPHONE NO. |
9. FAX NO.
EMAIL ADDRESS
|
10. NAME OF TECHNICAL CONTACT(S) FOR PROPOSED ACTIVITY
|
11.TELEPHONE NO. |
12. FAX NO.
EMAIL ADDRESS
|
* Ce formulaire est aussi disponible en français.
PART B INFORMATION ON THE PROPOSED ACTIVITY
GENERAL INFORMATION |
13. DESCRIPTION OF THE ACTIVITY Give a general
description of the proposed activity and its purpose. |
|
14. SUBSTANCE TO BE DISPOSED OF AT SEA Indicate
the substance to be disposed of at sea. See the applicable item in
Part 1 or 2 of Appendix 1 for details of the information that must
be included in your application. |
15. TOTAL QUANTITY (m3 or t) |
|
16. PROPOSED TERM OF PERMIT
(maximum 1 year)
from year month day
_____________ to
year month day _____________
|
17. LOAD SITE(S) For dredged or inert inorganic
geological material, provide a detailed drawing showing the boundaries
of each site to be dredged or excavated. |
NAME AND LOCATION OF SITE
LATITUDE
LONGITUDE
QUANTITY TO BE LOADED
(m3 or t)
|
18. DISPOSAL SITE(S) Provide a detailed
drawing showing the boundaries of each disposal site. |
DISPOSAL SITE NAME
(if any)
LATITUDE
LONGITUDE
DEPTH
(m)
QUANTITY TO BE DISPOSED
(m3 or t)
Provide an estimate of the movement and dispersion in the water
column and on the sea floor of the substance disposed of at sea.
In the case of disposal at a new disposal site or disposal on ice,
see the applicable item in Appendix 2 for details of additional
information that must be included in your application.
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19. ROUTE FROM LOAD SITE TO DISPOSAL SITE
Attach a map, chart or good reproducible set of drawings that show
the location of each load site and each disposal site. If the route
is not direct, provide reasons and show the intended route on the
map, chart or drawings. |
NUMBER OF DOCUMENTS ATTACHED
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20. EQUIPMENT AND METHODS Describe the equipment
and methods to be used at each load site and disposal site. |
|
21. METHODS OF PACKAGING AND CONTAINMENT |
|
DISPOSAL SPECIFICATIONS |
22. MAXIMUM QUANTITY PER DISPOSAL
(m3 or t)
|
23. RATE (where applicable)
(m3/h or t/h)
|
24. FREQUENCY
(disposals per day, week or month) |
25. SPEED DURING DISPOSAL
|
26. TIME REQUIRED FOR DISCHARGE (or sinking)
(min.) |
27. TRACK FOLLOWED DURING DISPOSAL
|
|
CARRIER INFORMATION
If unknown, this may be provided
at a later date but prior to start of operations. |
28. NAME AND ADDRESS OF CARRIER |
29. TELEPHONE NO.
FAX NO.
EMAIL ADDRESS
|
30. NAME, TITLE AND ADDRESS OF THE OWNER OF THE SHIP, AIRCRAFT,
PLATFORM OR STRUCTURE USED TO CARRY OUT THE DISPOSAL |
31. TELEPHONE NO.
FAX NO.
EMAIL ADDRESS
|
32. NAME OF INDIVIDUALS RESPONSIBLE FOR LOADING OR DISPOSAL
ON BEHALF OF THE APPLICANT (including the master) |
33. TELEPHONE NO.
FAX NO.
EMAIL ADDRESS
|
34. NAME OR NUMBER OF SHIP, AIRCRAFT, PLATFORM
OR STRUCTURE USED TO CARRY OUT THE DISPOSAL
|
35. APPROVALS List all permits, licenses
and reviews, including environmental impact assessments, required
by any federal, provincial, territorial, municipal or local agency
for the activity described in this application to be carried out. |
ISSUING AGENCY
TYPE OF APPROVAL
ID NO.
DATE OF APPLICATION
DATE OF APPROVAL
DATE OF REFUSAL |
|
36. NOTICE OF APPLICATION Attach proof that
notice of this application was published in a newspaper of general
circulation in the vicinity of the loading and disposal site described
in the application. |
NEWSPAPER CLIPPING ATTACHED ![](/web/20061028134618im_/http://canadagazette.gc.ca/partII/2001/20010815/html/checkbox.gif)
NAME OF NEWSPAPER
PLACE OF PUBLICATION
(CITY AND PROVINCE)
DATE OF PUBLICATION
|
|
|
PART C INFORMATION ON ALTERNATIVES TO
DISPOSAL AT SEA
37. WASTE AUDIT Refer to sections 1 to 6
of Schedule 6 to CEPA 1999. |
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38. ALTERNATIVES Provide a comparative assessment
of disposal at sea and the practicable alternatives indicating the
following: |
(a) Environmental impact
(b) Risk to human health
(c) Hazards (including accidents) associated with treatment, packaging,
transport and disposal
(d) Economics (including energy costs)
(e) Conflicting use of resources (potential and actual)
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PART D HISTORICAL DATA
39. PREVIOUS DISPOSAL METHODS Describe the
methods, if any, other than disposal at sea, that you have previously
used to dispose of this type of substance. Indicate dates and locations. |
|
40. LOAD SITE HISTORY For dredged material
or inert inorganic geological matter, indicate how each dredging or
excavation site was used during the last 10 years. |
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PART E CHEMICAL, BIOLOGICAL AND PHYSICAL
INFORMATION
41. CHEMICAL INFORMATION Provide a chemical
characterization of the substance. Where possible, attach detailed
data and methods and the quality assurance and control data and methods.
If no data are provided, explain why. See the applicable item in Part
1 or 2 of Appendix 1 for details of additional information that must
be included in your application. |
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42. BIOLOGICAL INFORMATION Provide an assessment
of the potential effects of the substance, including toxicity, on
living marine resources. Where possible, attach detailed bioassessment
data and methods, and the quality assurance and control data and methods.
If no data are provided, explain why. |
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43. PHYSICAL INFORMATION Provide an assessment
of the potential of the substance, once disposed of at sea, to cause
long-term physical effects. Where possible, attach detailed physical
data and methods, and the quality assurance and control data and methods.
If no data are provided, explain why. See the applicable item in Part
1 of Appendix I for details of additional information that must be
included in your application. |
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PART F PROXIMITY AND MITIGATION
44. PROXIMITY TO FACILITIES
For dredged or inert inorganic geological material, provide a map
for each load site that shows, by means of the symbols indicated below,
the location of the major operating and historical facilities in the
vicinity of the site. Indicate your sources of information and attach
a copy of the information where possible. Where the source is a person,
provide the person's name, address and telephone number. |
|
SYMBOL |
|
FACILITIES |
OPERATING |
HISTORICAL |
SOURCES OF INFORMATION |
|
|
|
|
(a) Oil refineries |
(O) |
(O*) |
|
(b) Mills (give type) |
(M) |
(M*) |
|
(c) Mines (give type) |
(N) |
(N*) |
|
(d) Sewage outfalls |
(S) |
(S*) |
|
(e) Storm drains/pipes |
(P) |
(P*) |
|
(f) Shipping docks |
(D) |
(D*) |
|
(g) Other industries (specify) |
(I) |
(I*) |
|
(h) Other source of pollution and contamination (specify) |
(C) |
(C*) |
|
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45. PROXIMITY TO SENSITIVE AREAS
For a new disposal site, provide a map that shows, by means of the
symbols indicated below, the location of all sensitive areas in the
vicinity of the disposal site. Indicate your sources of information
and attach a copy of the information where possible. Where the source
is a person, provide the person's name, address and telephone number. |
|
|
|
SENSITIVE AREAS |
SYMBOL |
SOURCES OF INFORMATION |
|
|
|
(a) Recreational areas |
(RA) |
|
(b) Spawning and nursery areas |
(SN) |
|
(c) Known migration routes of living marine resources |
(MR) |
|
(d) Sport and commercial fishing areas |
(FA) |
|
(e) Areas of natural beauty or cultural or historical importance |
(BH) |
|
(f) Areas of special scientific or biological importance |
(IS) |
|
(g) Aquaculture |
(AC) |
|
(h) Shipping lanes |
(SL) |
|
(i) Areas of the seafloor having engineering uses (mining, |
|
|
cables, desalination or energy conversion sites) |
(EU) |
|
(j) Other areas (describe use e.g. water intakes) |
(XZ) |
|
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46. MITIGATION Indicate measures intended
to minimize the environmental, health, navigational and aesthetic
impacts during loading, transport and disposal. See the applicable
item in Part 2 of Appendix 1 for details of additional information
that must be included in your application. |
|
|
47. TIME RESTRICTIONS If the load site or
disposal site will be in the vicinity of spawning areas, migration
routes or fishing areas, list the major species involved and the periods
during which they are the most sensitive (active time of year). |
|
Application is hereby made for a permit authorizing the activity described
in this application. I certify that I have reviewed the information provided
in this application and that, to the best of my knowledge and belief,
the information is true, complete and accurate. I further certify that
I am authorized to undertake the activity or am acting as a duly authorized
agent of the applicant.
________________________
Date
________________________
Name (print)
________________________
Signature
________________________
Telephone No.
________________________
Fax No.
Send the completed permit application, together with all documents
to be attached, to one of the following addresses. |
|
For an application made from within Canada: |
Regional Director |
Regional Director |
Atlantic Region |
Quebec Region |
Disposal at Sea Permits |
Disposal at Sea Permits |
Environmental Protection |
Environmental Protection |
Environment Canada |
Environment Canada |
45 Alderney Drive |
105 McGill Street, 4th floor |
Dartmouth, Nova Scotia B2Y 2N6 |
Montreal, Quebec H2Y 2E7 |
|
|
Regional Director |
District Director, Northwest Territories Office |
Pacific and Yukon Region |
Prairie and Northern Region |
Disposal at Sea Permits |
Disposal at Sea Permits |
Environmental Protection |
Environmental Protection |
Environment Canada |
Environment Canada |
224 West Esplanade |
Suite 301, 5204 50th Avenue |
North Vancouver, British Columbia V7M 3H7 |
Yellowknife, Northwest Territories X1A 1E2 |
|
|
District Manager, Newfoundland District Office |
|
Atlantic Region |
|
Disposal at Sea Permits |
|
Environmental Protection |
|
Environment Canada |
|
6 Bruce Street |
|
Mount Pearl, Newfoundland A1N 4T3 |
|
|
|
For an application made from outside Canada: |
|
Chief, Marine Environment Division |
|
Disposal at Sea Permits |
|
Environmental Protection |
|
Environment Canada |
|
12th Floor, 351 St. Joseph Blvd. |
|
Hull, Quebec K1A 0H3 |
|
CANADA |
|
APPENDIX 1 |
|
Part 1 |
|
|
MINIMUM INFORMATION REQUIREMENTS (BY TYPE
OF SUBSTANCE) FOR DISPOSAL AT SEA
OF WASTE AND OTHER MATTER |
|
|
Each type of substance requires different information. Provide the
required information on the form in the square indicated. Attach additional
pages as needed. The Minister of the Environment may require, pursuant
to paragraph 127(2)(b) or 128(3)(b) of CEPA 1999,
further information for the purpose of complying with Schedule 6 to
that Act. In the case of disposal at sea by incineration or thermal
degradation as referred to in section 128 of that Act, consult Part
2 of this Appendix. The following numbers represent the item of the
permit application form. |
|
|
|
A DREDGED MATERIAL AND INERT, INORGANIC GEOLOGICAL
MATTER |
|
14. Substance to Be Disposed of at Sea |
Soil or sediment
|
Other components (e.g., wood waste)
|
|
|
41. Chemical Information |
Chemistry in respect of the following parameters (soil, sediment,
pore water as needed):
|
cadmium
|
mercury
|
total polychlorinated biphenyls (PCBs)
|
total polycyclic aromatic hydrocarbons (PAHs)
|
total organic carbon
|
|
|
43. Physical Information |
Grain size of soil or sediment
|
|
|
|
|
|
B FISHERIES WASTE |
14. Substance to Be Disposed of at Sea |
Species
|
Type of waste (e.g., shells, offal)
|
Source of waste
|
|
|
C SHIPS, AIRCRAFT, PLATFORMS AND
OTHER STRUCTURES |
|
|
14. Substance to Be Disposed of at Sea |
Name, if applicable
|
Location of registry
|
Model or official number
|
Dimensions
|
Weight (dead weight tonnage)
|
Principal materials of construction
|
Name and address of owner
|
State of seaworthiness, if applicable
|
|
41. Chemical Information |
Cargo, fuel and hazardous materials, including chemicals, left
on board
|
43. Physical Information |
Last cargo
|
Type of engine, if left on board
|
Nature and weight of ballast left on board
|
|
|
D BULKY SUBSTANCES |
|
|
14. Substance to Be Disposed of at Sea |
Principal components (composition) of substance
|
Dimensions
|
Weight (t)
|
|
|
41. Chemical Information |
Contamination by hazardous materials including chemicals
|
|
|
E OTHER SUBSTANCES |
|
|
14. Waste or Other Matter to Be Disposed of at Sea (see
Schedule 5 to CEPA 1999) |
Principal components (composition) of substance
|
Origin of substance and process giving rise to substance
|
|
|
|
Part 2 |
|
|
|
MINIMUM INFORMATION REQUIREMENTS FOR INCINERATION |
|
|
In the case of an emergency, referred to in section 128 of CEPA
1999, where incineration is necessary, provide the required information
on the permit application form in the square indicated. Attach additional
pages as needed. The Minister of the Environment may require, pursuant
to paragraph 128(3)(b) of that Act, further information for
the purpose of complying with Schedule 6 to that Act. For an activity
other than incineration at sea, see Part 1 of this Appendix. The following
numbers represent the item of the permit application form. |
|
|
|
ALL SUBSTANCES |
14. Substance to Be Incinerated at Sea |
Principal components (composition) of substance
|
Description of the products of combustion and the rate of their
production
|
Origin of substance and process giving rise to substance
|
20. Equipment and Methods |
Description of incineration equipment
|
Description of air pollution control equipment
|
Description of monitoring and control systems in place
|
Stack dimensions
|
Combustion temperature
|
Retention time
|
Combustion and destruction efficiency
|
Proposed method of loading and storage
|
|
|
|
41. Chemical Information |
Results of the latest tests on stack emissions (for particulate
matter, hydrogen chloride (HCI), carbon monoxide (CO), dioxins
and furans)
|
|
|
46. Mitigation |
Methods of complying with applicable noise by-laws
|
Methods of managing ash and minimizing fugitive emissions
|
Methods of managing wastewater to comply with provincial or municipal
discharge limits
|
Methods of preventing hazards to other ships
|
Methods of spill response and contingency plans in the event
of a spill
|
Methods of emergency shutdown
|
Qualifications of the operating personnel
|
|
|
|
|
APPENDIX 2
|
MINIMUM INFORMATION REQUIREMENTS FOR DISPOSAL
AT NEW DISPOSAL
SITES AND ON ICE |
Provide the required information on the permit application form
in the square indicated. Attach additional pages as needed. The Minister
of the Environment may require, pursuant to paragraph 127(2)(b)
or 128(3)(b) of CEPA 1999, further information for the purpose
of complying with Schedule 6 to that Act. Contact your regional Disposal
at Sea Program office prior to collecting data on a new disposal site,
as some of the information may already be on file. The following numbers
represent the item of the permit application form. |
|
|
A DISPOSAL AT A NEW DISPOSAL SITE |
18. Disposal Site(s) |
Bathymetry
|
Sediment transport
|
Salinity
|
Current flow
|
Chemistry in respect of the following parameters (sediment, pore
water as needed):
|
cadmium
|
mercury
|
polychlorinated biphenyls (PCBs)
|
total polycyclic aromatic hydrocarbons (PAHs)
|
|
|
|
B DISPOSAL ON ICE |
|
18. Disposal Site(s) |
Area of ice to be used as the disposal site
|
Thickness of ice at the proposed disposal site (m)
|
Estimated date of ice breakup (year/month/day)
|
Estimated location of ice breakup (lat./long.)
|
Estimated time from breakup to melting (days)
|
Estimated depth of water at disposal site (m)
|
|
|
|
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Description
This statement describes the Regulations Respecting Applications
for Permits for Disposal at Sea, which are Ministerial regulations
under Division 3, Part 7, of the Canadian Environmental Protection
Act, 1999 (CEPA, 1999), and which replace, in part, the
Ocean Dumping Regulations, 1988 promulgated under CEPA, 1988.
The other parts of the Ocean Dumping Regulations, 1988 have
been incorporated into the Disposal at Sea Regulations, which
remain Governor in Council regulations.
Each year in Canada, two to three million tonnes of material are disposed
of at sea. Most of this is dredged material that must be moved to keep
shipping channels and harbours clear for navigation and commerce. Only
those substances listed in the Canadian Environmental Protection Act,
1999 may be considered for disposal at sea including, dredged material,
fisheries waste, ships, inert matter, uncontaminated organic matter and
bulky substances. Discharges from land or from normal ship operations
(such as bilge water) are not considered disposal at sea, but are subject
to other controls.
All disposal at sea is controlled federally by a system of permits issued
under CEPA, 1999. The objective of the ocean disposal legislation under
CEPA, 1999 and its regulations is to prevent marine pollution from the
uncontrolled disposal of waste or other matter at sea. Permits are granted
on a case-by-case basis after an application and review process. Permits
typically govern timing, handling, storing, loading, placement at the
disposal site, and monitoring requirements. The permit assessment phase
involves public notice, an application that provides detailed data, a
scientific review and payment of fees. This system has been in place since
1975 and was included in CEPA, 1988.
The application form was originally published in 1993 under amendments
to the Ocean Dumping Regulations, 1988. This form was adopted
to gather information needed to meet the needs of CEPA, 1988, Canadian
policy, and what was to become the 1996 Protocol to the London
Convention 1972, an international agreement on the prevention
of pollution from the disposal of wastes and other matter at sea.
Canada formally acceded to the 1996 Protocol in May 2000 after
incorporating the necessary principles and provisions on disposal at sea
into CEPA, 1999. The provisions include a mechanism or framework to be
used for assessing wastes intended for ocean disposal. The Waste Assessment
provisions are found in Schedule 6 of CEPA, 1999.
The Regulations Respecting Applications for Permits for Disposal
at Sea seek to ensure that adequate and appropriate information is
provided to allow the Department of the Environment to properly assess
waste or other matter intended for disposal at sea as detailed in Schedule
6. The Regulations ensure consistency of the information provided in support
of an application and provide a format for presenting the specific assessment
requirements of the Disposal at Sea Regulations.
There are no changes to the form from the 1993 version, except the following:
The addition of e-mail addresses, and site drawings, making the language,
headings and references to the Act consistent with CEPA, 1999 and providing
minor clarifications. In addition, the regulation-making power for the
form under CEPA, 1999 has changed, so that the Regulations are now made
by the Minister of the Environment rather than by the Governor in Council.
Provisions for the submission of the information in electronic format
were added to improve efficiency, ease of transmittal for the applicant
and enable entry of environmental and effects information into the Ocean
Disposal database.
The form requests an identification of what is to be disposed, by whom,
where, when, how and why. It requests a comparative assessment of alternatives
to disposal at sea. It then requires the history of the load site and
the chemical, physical and biological characteristics of the waste or
other matter to be disposed of. The applicant must provide information
on the location of the load site with respect to potential pollution sources
and of the disposal site with respect to sensitive areas. Special mitigation
and timing restrictions are also requested.
The Regulations Respecting Applications for Permits for Disposal
at Sea are relevant to a specific group of government and non-government
organizations (NGOs) interested in permits that are issued mainly for
the disposal of dredged material (sediment moved to deepen shipping channels
etc.) fisheries waste, or ships that cannot be recycled. Environmental
non-government organizations (ENGOs) and native groups may be interested
in assuring that disposal at sea is controlled in an environmentally defensible
manner.
Alternatives
The consideration of alternatives to regulation was limited by several
factors. Section 355.1 stipulates that regulations existing under CEPA,
1988 that are inconsistent with the CEPA, 1999 may remain in force for
only two years from the day on which the new Act was assented to, and
thus the provisions of the Ocean Dumping Regulations, 1988 will
cease to be in force as of September 14, 2001.
Similarly, a voluntary approach was not appropriate as these practices
have been regulated since 1975 and have proven effective. De-regulation
would result in a weakening of environmental controls, particularly with
respect to information requirements.
CEPA, 1999 moved the regulation-making power concerning the application
form from the Governor in Council (GIC) to the Minister. This was done
to enable the Department to update basic information requirements more
readily. The form, therefore, needed to be moved from GIC regulations
into separate "Form" regulations, issued by the Minister.
Benefits and Costs
Costs
Private Sector:
The information on the application form remains substantively unchanged.
Language and numbering appropriate to the new Act are used and the Regulations
are issued by the Minister rather than the Governor in Council. There
is a requirement added to questions 17 and 18 to provide drawings of the
load and disposal sites. These drawings have been requested in practice
in the past, so the formal addition to the requirements should not cause
an increase in the work load. E-mail addresses are also requested. No
additional costs are foreseen as a result of these Regulations, as the
private sector will not have to submit additional information.
Federal:
No additional costs will result to the Department of the Environment
or to other government departments from the Regulations, as the information
to be provided will remain essentially unchanged from the 1993 form.
Benefits
Private Sector:
The Regulations contribute to ensuring transparency by clearly specifying
information requirements for the application form for disposal at sea.
The information is used in deciding on the appropriateness of issuing
a permit for sea disposal of a particular waste or other matter.
Federal:
The Regulations address modifications to CEPA, 1999 (section number
changes, language adjustment), and assist in ensuring national consistency
in the level of information required for a permit application.
With the change in authority from Governor in Council regulations to
Ministerial regulations, it will be easier to keep the form updated to
reflect ongoing concerns and trends in waste assessment.
Allowing the electronic submission of information should increase the
efficiency of processing and allow information to be added more easily
to the National Ocean Disposal database. This information will assist
in building a picture of the environmental health of dredging and ocean
disposal sites in Canada and facilitate management action and adjustment
of regulatory controls in the future.
Environment:
The Regulations will continue to provide the basis for gathering sufficient
information for assessing wastes for disposal at sea based on a precautionary
approach which provides for the protection of the marine environment and
human health.
Consultation
Initial consultation on the Regulations occurred in 1991 and involved
stakeholders from federal and provincial governments, industry, and environmental
and native groups. Comments were addressed in a consultation report and
were tabled as part of the Regulatory Impact Analysis Statement attached
to the 1993 amendments to the Ocean Dumping Regulations, 1988.
Since that time, the form has been in use and the information needs remain
constant. Updates are mainly to make the form consistent with the regulatory
authority, the language and numbering of CEPA, 1999.
Consultations were conducted in the spring and summer of 1999, following
the preparation of the drafting instructions for these Regulations. Major
clients (dredgers and excavators from government and industry) were invited
to consultation meetings, while a broader list of clients were offered
copies of the proposed text for comment. Stakeholders generally accepted
that changes would not affect their current practices. Details of the
consultations are below.
Consultation issues:
During consultations, stakeholders asked whether the requirements of
the Canadian Environmental Assessment Act could be added to this
form to avoid duplication of effort with respect to environmental requirements
on a given project. It was felt that this would go beyond the scope of
the Regulations, but that guidance documents should be generated to help
applicants avoid unnecessary duplication.
There was a request to clarify that some of the information stipulated
on the form could not always be supplied before the permit was issued.
The carrier used to conduct the disposal, for example, often can not be
hired until the permit is obtained. It was agreed that a note would be
put on the form, at the appropriate questions, allowing that information
to be supplied as soon as available before the start of the disposal activities.
There was a general request to reduce the information requirements.
As the information requirements are set based on the stipulations both
in CEPA, 1999 and in the 1996 Protocol to the London Convention
to which the Government of Canada has acceded, requirements cannot be
reduced.
Upon publication in the Canada Gazette, Part I on February
17, 2001, the private sector and general public had 60 days to provide
the Minister with comments which would be taken into consideration prior
to the publication of the Regulations in the Canada Gazette,
Part II.
No substantive comments on the Regulations were received during the
comment period which ended April 19, 2001. Comments received by stakeholders
were in the form of questions. Stakeholders asked for greater clarification
about disposal at sea and CEPA, 1999 itself, which was provided. Commonly
asked questions and their answers were posted on Environment Canada's
Green Lane Web site.
Compliance and Enforcement
Since these Regulations are promulgated under the Canadian Environmental
Protection Act, 1999, the Compliance and Enforcement Policy
implemented under the Act will be applied by CEPA enforcement officers.
The policy outlines measures designed to promote compliance, including
education, information, promoting of technology development and consultation
on the development of regulations.
When verifying compliance with these Regulations, CEPA enforcement officers
will abide by the Compliance and Enforcement Policy, which also sets out
the range of possible responses to violations: warnings, directions and
environmental protection compliance orders issued by enforcement officers,
ticketing, ministerial orders, injunctions, prosecution, and environmental
protection alternative measures which are an alternative to a court trial
after the laying of charges for a CEPA, 1999 offense. In addition, the
policy explains when Environment Canada will resort to civil suits by
the Crown for costs recovery.
If, inspection, investigation or following the report of a suspected
violation, a CEPA enforcement officer confirms that a violation has been
committed, the enforcement officer will select the appropriate response,
based on the following criteria:
- Nature of the alleged violation: This includes consideration of the
damage, the intent of the alleged violator, whether it is a repeat violation,
and whether an attempt has been made to conceal information or otherwise
subvert the objectives and requirements of the Act.
- Effectiveness in achieving the desired result with the alleged violator:
The desired result is compliance within the shortest possible time and
with no further repetition of the violation. Factors to be considered
include the violator's history of compliance with the Act, willingness
to cooperate with enforcement officials, and evidence of corrective
action already taken.
- Consistency: Enforcement officers will consider how similar situations
have been handled in determining the measures to be taken to enforce
the Act.
Contacts
Linda Porebski
Marine Environment Division
Toxics Pollution Prevention Directorate
Department of the Environment
Ottawa, Ontario
K1A 0H3
Tel.: (819) 953-4341
E-mail: linda.porebski@ec.gc.ca
Arthur Sheffield
Economic and Regulatory Affairs Directorate
Department of the Environment
Ottawa, Ontario
K1A 0H3
Tel.: (819) 953-1172
E-mail: arthur.sheffield@ec.gc.ca
Footnote a
S.C. 1999, c. 33
Footnote b
S.C. 1999, c. 33
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