Activities That Do Not Require Disposal at Sea Permits

Disposal is defined to not include:

  1. A disposal of a substance that is incidental to or derived from 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, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea;
  2. the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol;
  3. the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal; or
  4. a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources.

Disposal for Reasons of Safety

Canadian Environmental Protection Act, 1999 (CEPA 1999) Section 130 allows a person to dispose of a substance at sea without a Disposal at Sea Permit if:

  1. it is necessary to avert a danger to human life or to a ship, an aircraft, a platform or another structure at sea in situations caused by stress of weather or in any other case that constitutes a danger to human life or a threat to a ship, an aircraft, a platform or another structure at sea;
  2. the disposal appears to be the only way of averting the danger or threat; and
  3. it is probable that the damage caused by the disposal would be less than would otherwise occur.

A person relying on CEPA 1999 Section 130 to dispose of a substance at sea must carry out the disposal in a manner that minimizes, as far as possible, danger to human life and damage to the marine environment. CEPA 1999 Section 130 does not apply if the danger was caused or contributed to by the person’s negligent act or omission. 

If disposal at sea for reasons of safety takes place, the master of the ship, the pilot in command of the aircraft, or the person in charge of the platform or other structure shall report the disposal without delay to an Environment Canada (EC) enforcement officer. Reporting requirement are identified in Section 2 of the Disposal at Sea Regulations.