Legislation and Regulations

The Canadian Environmental Protection Act, 1999

The Canadian Environmental Protection Act, 1999 (CEPA 1999) is "An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development." CEPA also recognizes the contribution of pollution prevention and the management and control of toxic substances and hazardous waste to reducing threats to Canada's ecosystems and biological diversity. 

There are three regulations that govern disposal at sea:

  1. Disposal at Sea Regulations under CEPA 1999, which creates the Action List, sets out requirements for emergency reports, and sets jurisdictional boundaries in major estuaries.

  2. Regulations Respecting Applications for Permits for Disposal at Sea under CEPA 1999, which sets out the application form.

  3. Disposal at Sea Permit Fee Regulations, which sets permit fees for dredged material and excavated material permits.

How is CEPA 1999 Used to Manage Disposal at Sea?

CEPA 1999 prohibits the disposal of wastes and other matter at sea within Canadian jurisdiction and by Canadian ships in international waters and waters under foreign jurisdiction, unless the disposal is done under a permit issued by the Minister. Permits typically govern timing, handling, storing, loading, placement at the disposal site and monitoring requirements. Permits are published in the Canada Gazette, Part I and on the CEPA Registry website. The permit system allows Canada to meet international obligations under the London Convention, 1972 and the 1996 Protocol to the Convention.

Only those substances listed in Schedule 5 of CEPA 1999 may be considered for disposal at sea. These include dredged material, fisheries waste, ships, inert geological matter, uncontaminated organic matter and bulky substances that are primarily composed of iron, steel, concrete or other similar matter. Incineration at sea is banned except under emergency situations or if it is waste generated on board the ship or structure.

Permits are granted on a case-by-case basis after an application and review process. Applicants for a disposal at sea permit must provide detailed disposal data, proof that the applicant published a notice of intent in a local newspaper, any required samples and analyses and payment of fees. Applicants must also comply with the Assessment of Waste or Other Matter in Schedule 6 of CEPA 1999, which requires consideration of other disposal options, such as recycling and means to prevent or reduce the generation of waste. A permit for disposal at sea will be approved only if it is the environmentally preferable and practical option. Permits are not granted if practical opportunities are available to recycle or reuse the material.

Once a permit is issued, Environment Canada (EC) conducts periodic inspections during disposal operations to ensure compliance with the permit's conditions. Oversight of compliance is a shared responsibility between EC’s Disposal at Sea Program and its Enforcement Branch. Enforcement officers are responsible for ensuring compliance with permit conditions, field inspections, and investigation of suspected non-compliance. In cases of non-compliance, enforcement officers will investigate. If a violation is confirmed, action will be taken using one or more of the enforcement tools available under CEPA 1999 such as warnings, directions, tickets, orders of various types, including environmental protection compliance orders, injunction or prosecution. CEPA Registry provides more detailed information on EC’s Compliance and Enforcement Program.

After disposal operations are completed, monitoring studies are conducted at selected sites to verify that permit conditions were met and that scientific assumptions made during the permit review process were correct and sufficient to protect the environment. Results of the monitoring studies are considered in future permit assessments.