PART 7Controlling Pollution and Managing Wastes (continued)
DIVISION 3Disposal at Sea (continued)
Exception for Safety Reasons (continued)
Marginal note:Fisheries Act not applicable
Marginal note:Monitoring of sites
132 The Minister shall monitor sites selected by the Minister that are used for disposal or incineration at sea.
133 (1) When issuing a Canadian permit or varying any of its conditions or renewing a permit issued under subsection 127(1), the Minister shall publish the text of the permit, the varied condition or the renewed permit, as the case may be, in the Environmental Registry.
Marginal note:Publication before disposal or loading
(2) Publication under subsection (1) shall be made
(a) in the case of a permit issued under subsection 128(2), as soon as possible after the permit is issued; and
(b) in every other case, at least seven days before the effective date of the permit, the variation of its conditions or its renewal.
- 1999, c. 33, s. 133
- 2012, c. 19, s. 159
Notice of Objection
Marginal note:Notice of objection
134 (1) Any person may file with the Minister a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, if the Minister
(a) issues or refuses a Canadian permit;
(a.1) renews or refuses to renew a permit issued under subsection 127(1); or
(b) suspends or revokes a Canadian permit or varies its conditions, otherwise than in accordance with the recommendations of a report of a board of review established under section 333 in respect of the permit.
Marginal note:Time for filing notice of objection
(2) The notice of objection shall be filed within seven days after
(a) the date the text of the Canadian permit or the permit renewed under subsection 127(1), as the case may be, is published in the Environmental Registry; or
(b) the date the person receives a notice from the Minister that the Canadian permit has been refused, suspended or revoked, that its conditions have been varied or that the renewal of a permit issued under subsection 127(1) has been refused.
- 1999, c. 33, s. 134
- 2012, c. 19, s. 160
135 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division and Schedule 6, including regulations
(a) for carrying out and giving effect to the provisions of the Convention or the Protocol;
(b) defining the expression Canadian platform or other structure;
(b.1) respecting time limits for issuing permits under subsection 127(1) or for refusing to issue them, specifying the circumstances under which any of those time limits do not apply and authorizing the Minister to extend any of those time limits or to decide that a time limit does not apply when the Minister considers that it is appropriate to do so;
(b.2) respecting the renewal of permits under subsection 127(1), including regulations respecting time limits for renewing them or for refusing to renew them, specifying the circumstances under which any of those time limits do not apply and authorizing the Minister to extend any of those time limits or to decide that a time limit does not apply when the Minister considers that it is appropriate to do so;
(c) respecting the report referred to in subsection 130(4);
(d) respecting the conduct of sampling, analyses, tests, measurements or monitoring;
(e) respecting the conditions, test procedures and laboratory practices to be followed for sampling, analysing, testing, measuring or monitoring;
(f) respecting the monitoring of disposal sites;
(g) specifying, for the purpose of paragraph 122(2)(e), areas of the sea adjacent to areas referred to in any of paragraphs 122(2)(a) to (d);
(h) limiting the quantity or concentration of a substance contained in waste or other matter for disposal; and
(i) prescribing any other thing that by this Division is to be prescribed.
Marginal note:Amendments to Schedules 5 and 6
(2) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedules 5 and 6.
(3) The Minister may make regulations
(a) prescribing the form of an application for a Canadian permit or for the renewal of a permit issued under subsection 127(1);
(b) specifying the information required to be contained in or to accompany an application referred to in paragraph (a);
(c) specifying acts or omissions that constitute a disposal for the purposes of paragraph (g) of the definition disposal in subsection 122(1);
(d) specifying, for the purposes of paragraph (h) of the definition disposal in subsection 122(1), the operations that are deemed to be, or deemed not to be, the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure;
(e) specifying, for the purposes of subsections 125(1) to (3.1), disposals that are deemed to be, or deemed not to be, disposals of substances referred to in paragraph (h) of the definition disposal in subsection 122(1), which specifications may refer, among other things, to any quantity or concentration of any substance or to any place or area; and
(f) specifying, for the purposes of section 126, the operations that are deemed to be, or deemed not to be, normal operations of ships, including Canadian ships.
- 1999, c. 33, s. 135
- 2005, c. 23, s. 26
- 2012, c. 19, s. 161
Costs and Expenses of the Crown
Marginal note:Costs and expenses recoverable
136 If the Minister directs an action to be taken by or on behalf of Her Majesty in right of Canada to remedy a condition or mitigate damage resulting from an offence under this Act that arises out of this Division, the costs and expenses of and incidental to taking that action, to the extent that they can be established to have been reasonably incurred in the circumstances, are recoverable by Her Majesty in right of Canada from the person or ship that committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.
- 1999, c. 33, s. 136
- 2005, c. 23, s. 27(E)
Service of Documents
Marginal note:Manner of service
137 Except where otherwise provided by any rules of the Federal Court that are applicable to proceedings arising out of this Division, any document that, for the purposes of any such proceedings, is to be served on a person may be served
(a) in any case, by delivering a copy of the document personally to the person to be served or, if the person cannot be found, by leaving a copy at their latest known address;
(b) if the document is to be served on the master of a ship or on any other person employed on a ship and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document for the master or other person on board the ship with the person who is, or appears to be, in command or charge of the ship;
(c) if the document is to be served on the pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document with the person who is, or appears to be, in charge of the aircraft; and
(d) if the document is to be served on a person in their capacity as owner or master of a ship or owner or pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a) and the ship or aircraft is within an area of the sea referred to in any of paragraphs 122(2)(a) to (e) or in Canada, by leaving a copy of the document with any agent of the owner residing in Canada or, where no such agent is known or can be found, by affixing a copy of it to a prominent part of the ship or aircraft.
138 The definitions in this section apply in this Division.
engine means a device that transforms one form of energy into another. (moteur)
- national fuels mark
national fuels mark means a mark established by regulation for use in respect of fuels. (marque nationale)
General Requirements for Fuels
139 (1) No person shall produce, import or sell a fuel that does not meet the prescribed requirements.
(2) A person does not contravene subsection (1) if
(a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit;
(b) subject to the regulations, the fuel is produced or sold for export and there is written evidence establishing that the fuel will be exported;
(c) subject to the regulations, the fuel is being produced or imported and there is written evidence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold;
(d) subject to the regulations, the fuel is being imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air; or
(e) that person is exempted from the application of that subsection by a regulation made under subsection 140(3).
- 1999, c. 33, s. 139
- 2008, c. 31, s. 1
140 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139 and may make regulations respecting
(a) the concentrations or quantities of an element, component or additive in a fuel;
(b) the physical or chemical properties of a fuel;
(c) the characteristics of a fuel, based on a formula related to the fuel’s properties or conditions of use;
(c.1) the blending of fuels;
(d) the transfer and handling of a fuel;
(e) the keeping of books and records by persons who produce, sell or import fuel or blend fuels;
(f) the auditing of the books and records and the submission of audit reports and copies of the books and records;
(g) the submission by persons who produce, sell or import fuel or blend fuels of information regarding
(i) the fuel and any element, component or additive contained in the fuel,
(ii) any physical or chemical property of the fuel or any substance intended for use as an additive to the fuel,
(iii) the adverse effects from the use of the fuel, or any additive contained in the fuel, on the environment, on human life or health, on combustion technology and on emission control equipment, and
(iv) the techniques that may be used to detect and measure elements, components, additives and physical and chemical properties;
(h) the conduct of sampling, analyses, tests, measurements or monitoring of fuels and additives and the submission of the results;
(i) the submission of samples of fuels and additives;
(j) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring; and
(k) the submission of reports on the quantity of fuel produced, imported or sold for export.
Marginal note:Significant contribution
(2) The Governor in Council may make a regulation under any of paragraphs (1)(a) to (d) if the Governor in Council is of the opinion that the regulation could make a significant contribution to the prevention of, or reduction in, air pollution resulting from
(a) directly or indirectly, the fuel or any of its components; or
(b) the fuel’s effect on the operation, performance or introduction of combustion or other engine technology or emission control equipment.
(3) The Governor in Council may, on the recommendation of the Minister, make regulations exempting from the application of subsection 139(1) any producer or importer in respect of any fuel that they produce or import in quantities of less than 400 m3 per year.
(4) Before recommending a regulation to the Governor in Council under subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment.
Marginal note:Minister may act
(5) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (4), the Minister may recommend a regulation to the Governor in Council under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.
(6) Within one year after this subsection comes into force and every two years thereafter, a comprehensive review of the environmental and economic aspects of biofuel production in Canada should be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.
(7) The committee referred to in subsection (6) should, within one year after a review is undertaken pursuant to that subsection, submit a report on the review to Parliament, including a statement of any recommendations that the committee makes in respect of biofuel production in Canada.
- 1999, c. 33, s. 140
- 2008, c. 31, s. 2
National Fuels Marks
Marginal note:Nature of mark
141 (1) The national fuels marks are national trademarks.
Marginal note:Property rights
(2) The exclusive property in and, except as otherwise provided in this Division, the right to the use of the national fuels marks are hereby vested in Her Majesty in right of Canada.
- 1999, c. 33, s. 141
- 2014, c. 20, s. 366(E)
142 (1) No person shall use a national fuels mark except in accordance with this Division and the regulations.
Marginal note:Confusing marks
(2) No person shall use any other mark in such a manner that it is likely to be mistaken for a national fuels mark.
Marginal note:Requirements for use
143 A person may use a national fuels mark in respect of a prescribed fuel if
(a) the use is authorized by the Minister;
(b) the fuel conforms to the requirements for that fuel provided for by regulations made under section 145 and any requirements that are applicable to that fuel and that may be provided for by regulations made under subsection 93(1) or 140(1);
(c) evidence of such conformity has been obtained and produced in accordance with the regulations; and
(d) prescribed information relating to the fuel has been submitted to the Minister in the prescribed manner.
- Date modified: