Vol. 135, No. 7 — February 17, 2001

Disposal at Sea Regulations

Statutory Authority

Canadian Environmental Protection Act, 1999

Sponsoring Department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This statement describes the proposed Disposal at Sea Regulations under the Canadian Environmental Protection Act, 1999 (CEPA 1999) which replace the Ocean Dumping Regulations, 1988.

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.

CEPA 1999, by updating controls and provisions on disposal at sea, allowed Canada, in May 2000, to become the tenth country to accede to a new international agreement on the prevention of pollution from the disposal of wastes at sea called the 1996 Protocol to the London Convention 1972.

CEPA 1999 takes a precautionary approach to ocean disposal. It now includes on Schedule 5, as does the Protocol, a list of substances that may be disposed of at sea. By contrast, CEPA 1988 required Regulations to stipulate what could not be disposed of at sea. A second change between the two Acts is that CEPA 1999 requires the creation of a National Action List which establishes "levels" above which disposal would not be allowed to limit harm to the environment and human health.

The Ocean Dumping Regulations, 1988, which must now be updated for CEPA 1999, contain specific details on how to assess whether a waste can be disposed of at sea, what fees to pay for an application and what information to supply in a permit application or in a report following emergency disposal. The regulatory changes required to align to CEPA 1999 were considered to be too significant for a simple roll-over of the 1988 Regulations. In fact, the regulatory changes codify existing practices.

The proposed Disposal at Sea Regulations under Division 3, Part 7, of the CEPA 1999 replace the Ocean Dumping Regulations, 1988 under CEPA 1988, with the exception of the permit application form. The Regulations also codify national policies (contained in Users Guide to the Application Form for Ocean Disposal, EPS 1/MA/1), in place since 1993-1994, which explain how to assess waste or other matter for disposal at sea. The provisions for the permit application form are set out under separate proposed Ministerial Regulations called the Disposal at Sea Form Regulations.

The Disposal at Sea Regulations 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) may be interested in assuring that disposal at sea is controlled in an environmentally defensible manner. Regulations are also relevant to ship masters that are forced to dispose of a substance at sea to avert a danger to human life or a ship.

These proposed Regulations do not introduce any substantive changes to current practices. Their aim is to bring existing regulation and policy together into a clear, transparent regulatory regime using language consistent with CEPA 1999.

Specifically, this is what has been done to make the new Regulations consistent. The application fee from the previous Regulations is rolled over without change. There are minor wording changes to the information required under section 130 (emergency disposal or disposal for safety reasons) to make the language consistent with the new CEPA 1999 and to clarify the information to be included in the report filed. Clarifications of the information include the depth at the emergency disposal site, the date and time of disposal, and the action taken to minimize the risk to health and the environment during emergency disposal.

The provisions of CEPA 1999 (sections 9 and 10 of Schedule 6) require the development of a National Action List to evaluate waste or other matter being considered for disposal at sea. In selecting substances for inclusion on the National Action List, priority is given to substances that are toxic, persistent, bioaccumulative and emanating from human activities. The Regulations provide the required National Action List which is taken from the national policy on assessing wastes developed in 1993-1994 and published in a national user's guide (EPS 1/MA/1). The National Action List is an evaluation process which uses chemical screening levels (lower level) to represent a level of no concern and marine toxicity tests and, where necessary, bioaccumulation tests to determine the level above which ocean disposal is prohibited (upper level).

Alternatives

The consideration of alternatives to regulation is limited by several factors. Section 355.1 stipulates that Regulations existing under CEPA 1988 that are inconsistent with 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.

Using a voluntary approach would not be 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, and regulated levels as per the National Action List.

CEPA 1999 allows that issues related to assessment and decision making in Part 7, Division 3, be controlled under Governor in Council Regulations, while an application form and its contents may be controlled under Ministerial Regulations. The application form and its contents are being proposed as Ministerial Regulations.

For the remainder of the issues, the only appropriate alternative is to repeal the Ocean Dumping Regulations, 1988 and create the Disposal at Sea Regulations.

Benefits and Costs

Costs

Private Sector

No additional costs to the private sector will result from these Regulations, as information to be submitted is practically the same as current regulations and current policy which have been in place since 1994. Minor wording changes to the information required under section 130 (emergency disposal or disposal for safety reasons) have been made to make the language consistent with the new CEPA 1999 and to clarify the information to be included in the report filed. Clarifications to information include the depth at the emergency disposal site, the date and time of disposal, and the action taken to minimize the risk to health and the environment during emergency disposal. As emergency disposals are very rare (less than one every five years) and the information added is basic, no cost consequences are foreseen.

The National Action List mechanisms for screening waste have been in place as policy since 1994. The concentrations for specific chemical constituents have been in place since 1975 for cadmium and mercury and since 1994 for PAHs and PCBs. No new costs to applicants are foreseen.

The application fee has been in place since 1993, under the Ocean Dumping Regulations, 1988 and is rolled-over unchanged. No new costs to applicants are foreseen.

Federal Government

The Department of the Environment's costs to administer these Regulations will not change. No change to the costs of other departments is foreseen.

Benefits

Private Sector

The proposed Regulations contribute to ensuring transparency, fairness and consistency by defining what is expected under an emergency report and how to assess material proposed for disposal at sea using a National Action List. They consolidate existing policy and regulation into one package which provides stake-holders with a clearer regulatory regime for the protection of the marine environment and human health.

Federal Government

The proposed Regulations address modifications in language in CEPA 1999, and assist in ensuring a fair and consistent assessment process for material to be disposed of at sea.

These proposals, through the National Action List, allow the Federal Government to meet its requirements under CEPA 1999 and the 1996 Protocol to the London Convention 1972.

Environment

The Regulations will provide continued assurance that adequate information is provided to allow for the best follow-up action on emergency disposal, and greater assurance that material is assessed according to a precautionary approach which provides for the protection of the marine environment and human health.

Consultation

Over the last ten years, extensive consultations have been held with federal and provincial governments, industry and environmental and native groups, on the issues relating to these controls on disposal at sea. Consultations on the proposed Regulations were also held in 1999 with the regulated community, who generally accepted that changes would not affect their current practices. Details of the consultations are below.

The proposed Regulations have been anticipated for several years and consultation on their basic content began in 1991 with a general discussion paper on modifying the form and fees. A subsequent discussion paper on the other suggested changes was mailed in 1993 to about 600 individuals and organizations interested in disposal at sea issues. Stakeholders included federal and provincial governments, industry, native groups and environmental groups. This mail-out was supplemented with stakeholder meetings held in Newfoundland, Nova Scotia, New Brunswick, Quebec, British Columbia and the Northwest Territories. Further discussion papers were mailed and consultation meetings were held in 1994 and 1997. In each of these consultations, the progress towards these planned regulatory changes was explained and comments were invited. Consultation reports responding to comments were generated and distributed to participants. 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.

Comments Received

Stakeholders provided mixed comments regarding the requirements of the National Action List. Larger volume applicants (port corporations, industry, government clients who apply to dispose of more than 10 000 cubic metres of sediment or soil per year) generally had no objections to the assessment procedures. Some suggested that the process of using toxicity testing was helpful and beneficial, and allowed additional options over chemical testing alone.

Smaller volume applicants (those disposing of less than 10 000 cubic metres per year) continued to feel that the testing of a minimum of four chemical parameters valid for up to four years was excessive and requested that small volume users be exempt from testing under most circumstances. The Department of the Environment was unable to grant this request to de-regulate as smaller volumes do not necessarily mean reduced contamination and small projects in the vicinity of shipping docks or marinas may, in some cases, present greater risk than larger projects farther removed from human activity.

Although fees will not be increased from the 1993 levels, applicants, especially small volume clients, requested a reduction in the fees and a breakdown of costs. These fees were prescribed based partly on an estimate of the direct costs to the disposal at sea program for administering and assessing applications and publishing permits. Other factors were considered in setting the fee, such as:

— encouraging the use of reduction, recycling and reuse options;

— providing comparative pricing to other disposal options; and

— the desire to maintain disposal at sea as an affordable option when it is the environmentally preferable and practical alternative.

Assessment procedures for small and large volume applications are the same and thus maintaining a single fee for all applicants continues to appear the most reasonable option. Revenue generated by the application fee has averaged about $225,000 per year since 1993 and does not cover the direct costs of administering permit application assessment and publication. Direct costs are in the order of $425,000 per year. A decrease in the fees or an increase to meet actual costs is not planned at this time.

Stakeholders had no comments regarding the emergency report requirements.

Upon publication of the proposed Regulations in Part I of the Canada Gazette, any interested party will have 60 days to provide the Minister with comments which will be taken into consideration prior to publishing the Regulations in Part II of the Canada Gazette.

Compliance and Enforcement

Generally, failure to follow the procedures or provide the prescribed information will result in no permit being issued. However, if other types of non-compliance occur, for example, if there is disposal without a permit, or failure to report an emergency disposal, etc., the Compliance and Enforcement Policy for CEPA 1999 will be applied by CEPA enforcement officers.

This policy sets out the range of possible responses to offenses: warnings, directions and environmental protection compliance orders issued by enforcement officers, detention orders for ships, 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 offence. In addition, the policy explains when Environment Canada will resort to civil suits by the Crown for the recovery of costs in specified circumstances.

When, following an inspection or an investigation, CEPA enforcement officers discover a violation, they will select the appropriate response, based on the following criteria:

Nature of the Alleged Offense

This includes consideration of the damage, the intent of the alleged offender, whether it is a repeat offense, 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 Offender

The desired result is compliance within the shortest possible time and with no further repetition of the offense.

Consistency

Enforcement officers will consider how similar situations were handled previously in determining the measures to be taken to enforce the Act.

Contacts

Linda Porebski, Marine Environment Division, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 953-4341, linda.porebski@ec.gc.ca; and Arthur Sheffield, Economic and Regulatory Affairs Directorate, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 953-1172, arthur.sheffield@ec.gc.ca.

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), that the Governor in Council proposes, pursuant to subsection 135(1) of that Act, to make the annexed Disposal at Sea Regulations.

Any person may, within 60 days after the publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 (see footnote b) and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Jim Osborne, Chief, Marine Environment Division, Toxics Pollution Prevention Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3.

A person who provides information to the Minister may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, January 30, 2001

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

DISPOSAL AT SEA REGULATIONS

INTERPRETATION

1. The definitions in this section apply in these Regulations.

"Act" means the Canadian Environmental Protection Act, 1999. (Loi)

"fail" means, with respect to the results of a marine biological test used under section 5, that the waste or other matter does not pass the test in accordance with the criteria established for the test. (version anglaise seulement)

"log-book" means the official log referred to in section 261 of the Canada Shipping Act. (journal de bord)

CONTENTS OF REPORT UNDER SUBSECTION 130(4) OF THE ACT

2. (1) A report under subsection 130(4) of the Act with respect to emergencies described in subsection 130(1) shall contain the following information:

(a) if the disposal is from a ship or a platform,

(i) the name of the ship or platform, the name of the master of the ship or the person in charge of the platform and the name and address of its owner, and
(ii) the port of registry, official number, if any, overall length, extreme breadth, overall height and deadweight tonnage of the ship or the platform;

(b) if the disposal is from an aircraft,

(i) the name of the pilot-in-command and the name and address of the aircraft's owner, and
(ii) the type, model, serial number, nationality and registration marks of the aircraft and its maximum certificated take-off weight specified by its Certificate of Airworthiness;

(c) the last point of departure and the immediate destination of the ship or aircraft at the time at which the disposal occurred;

(d) the latitude and longitude of the disposal site and the depth of the sea at that place;

(e) an extract of all relevant portions of the log-book and manifests of the ship, platform or aircraft related to the emergency;

(f) a detailed description of the circumstances under which the substance was disposed of and the date and time of the disposal;

(g) a detailed description of the actions taken to minimize danger to human life and to the marine environment; and

(h) a description of the substance disposed of, including

(i) information on the composition and nature of the substance that is sufficient to permit the identification of the substance,
(ii) the quantity that was disposed of,
(iii) the form of the substance, namely, solid, liquid or gas, and the method used to package and contain the substance, if any,
(iv) the trade name of the substance, if any, and
(v) an estimate of the time required for the substance to disappear below the surface of the water.

(2) The report shall be delivered to the enforcement officer designated for the area where the disposal occurs or to any other person designated by the Governor in Council and shall be submitted in written form or in an electronic format that is compatible with the one used by the addressee.

NATIONAL ACTION LIST

3. For the purposes of sections 9 and 10 of Schedule 6 to the Act, the National Action List mechanisms for screening waste or other matter shall consist of

(a) with respect to the Lower Level, an assessment of the concentration of specified substances in the waste or other matter; and

(b) with respect to the Upper Level, an assessment of biological responses.

MECHANISMS FOR SCREENING

4. Waste or other matter referred to in items 1 and 4 of Schedule 5 to the Act that contains any of the substances set out in column 1 of the table to this section, each at a concentration equal to or below the concentration set out in column 2, shall be considered to be below the Lower Level of the National Action List.

TABLE

LOWER LEVEL

Item	Column 1 Substances	Column 2 Concentration
	Metal
1.	Cadmium and its compounds	0.6 mg/kg (dry weight)
2.	Mercury and its compounds	0.75 mg/kg (dry weight)
	Organic compounds
3.	Total polycyclic aromatic hydrocarbons (PAHs)	2500 µg/kg (dry weight)
4.	Total polychlorinated biphenyls (PCBs)	100 µg/kg (dry weight)
	Other substances
5.	Persistent plastics and other persistent synthetic materials in a comminuted form	4% by volume

5. (1) Waste or other matter referred to in section 4 that contains any of the substances set out in column 1 of the table to that section at a concentration above the concentration set out in column 2, shall be assessed using three marine or estuarine biological tests for sediment assessment, namely, an acute lethality test and

(a) two sub-lethal tests; or

(b) one sub-lethal and one bioaccumulation test.

(2) The tests referred to in subsection (1) shall be performed, and their results interpreted, in accordance with generally accepted standards of good scientific practice at the time the test is performed.

6. Waste or other matter that passes the three marine or estuarine biological tests set out in subsection 5(1) shall subsequently be considered to be below the Lower Level of the National Action List.

7. Waste or other matter that fails the acute lethality test set out in subsection 5(1) or the two other tests set out in pararaph 5(1)(a) or (b) shall be considered to be above the Upper Level of the National Action List.

8. Waste or other matter that passes the acute lethality test set out in subsection 5(1) and one of the other tests set out in paragraph 5(1)(a) or (b) shall be considered to be below the Upper Level but above the Lower Level of the National Action List.

FEES

9. The fee that is to accompany an application for a permit referred to in section 127 or 128 of the Act is $2,500.

REPEAL

10. The Ocean Dumping Regulations, 1988 (see footnote 1) are repealed.

COMING INTO FORCE

11. These Regulations come into force on the day on which they are registered.

[7-1-o]

Regulations Respecting the Form and Content of an Application for a Permit for Disposal at Sea

Statutory Authority

Canadian Environmental Protection Act, 1999

Sponsoring Department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

Description

This statement describes the proposed Disposal at Sea Form Regulations, 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. These regulations are also published for public comment in this issue of the Canada Gazette, Part I.

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 (the 1996 Protocol), an international agreement on the prevention of pollution from the disposal of wastes 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 Disposal at Sea Form Regulations 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 electronic 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 these 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, 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 Disposal at Sea Form Regulations 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) may be interested in assuring that disposal at sea is controlled in an environmentally defensible manner.

Alternatives

The consideration of alternatives to regulation is limited by several factors. Section 355.1 stipulates that regulations existing under CEPA 1988 that are inconsistent with 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 would not be 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 has 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. Therefore, the form needs 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. Electronic 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 proposed Regulations contribute to ensuring transparency by clearly specifying information requirements for the application form for disposal at sea. The information is used to decide on the appropriateness of issuing a permit for sea disposal of a particular waste or other matter.

Federal

The proposed 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 proposed 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 these 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 these 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 cannot 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 Part I of the Canada Gazette, the private sector and general public will have 60 days to provide the Minister with comments which will be taken into consideration prior to the publication of the Regulations in Part II of the Canada Gazette.

Compliance and Enforcement

Generally, failure to follow the procedures or provide the prescribed information will result in no permit being issued. However, if other types of non-compliance occur, for example, if there is disposal without a permit, or false or misleading information is provided, etc., the Compliance and Enforcement Policy for CEPA 1999 will be applied by CEPA enforcement officers.

This policy, sets out the range of possible responses to offenses: warnings, directions and environmental protection compliance orders issued by enforcement officers, detention orders for ships, 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 offence. In addition, the policy explains when Environment Canada will resort to civil suits by the Crown for the recovery of costs in specified circumstances.

When, following an inspection or an investigation, CEPA enforcement officers discover a violation, they will select the appropriate response, based on the following criteria:

Nature of the alleged offense

This includes consideration of the damage, the intent of the alleged offender, whether it is a repeat offense 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 offender

The desired result is compliance within the shortest possible time and with no further repetition of the offense.

Consistency

Enforcement officers will consider how similar situations were handled previously 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, (819) 953-4341, linda.porebski@ ec.gc.ca; and Arthur Sheffield, Economic and Regulatory Affairs Directorate, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 953-1172, arthur.sheffield@ec.gc.ca.

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), that the Minister of the Environment proposes, pursuant to subsection 135(3) of that Act, to make the annexed Regulations Respecting the Form and Content of an Application for a Permit for Disposal at Sea.

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jim Osborne, Chief, Marine Environment Division, Toxics Pollution Prevention Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3.

A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, January 30, 2001

DAVID ANDERSON
Minister of the Environment

REGULATIONS RESPECTING THE FORM AND CONTENT OF AN APPLICATION FOR A PERMIT 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 :_________________________________________

^* Ce formulaire est aussi disponible en français.

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

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 ot 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.

NUMBER OF PAGES ATTACHED  

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  

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

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.

NUMBER OF PAGES ATTACHED  

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)

NUMBER OF PAGES ATTACHED  

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.

NUMBER OF PAGES ATTACHED  

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.

NUMBER OF PAGES ATTACHED  

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.

NUMBER OF PAGES ATTACHED  

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 1 for details of additional information that must be included in your application.

NUMBER OF PAGES ATTACHED  

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*)

NUMBER OF PAGES ATTACHED  

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)

NUMBER OF PAGES ATTACHED  

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.

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:

 

For an application made from outside Canada:

District Manager, Newfoundland District Office
Atlantic Region
Disposal at Sea Permits
Environmental Protection
Environment Canada
6 Bruce Street
Mount Pearl, Newfoundland A1N 4T3

Chief, Marine Environment Division
Disposal at Sea Permits
Environmental Protection
Environment Canada
12^th 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)

[7-1-o]

Footnote a

S.C. 1999, c. 33

Footnote b

S.C. 1999, c. 33

Footnote 1

SOR/89-500

Footnote c

S.C. 1999, c. 33

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