Vol. 148, No. 16 — July 30, 2014

Registration

SOR/2014-177 July 9, 2014

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Disposal at Sea Permit Application Regulations

Whereas, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment published in the Canada Gazette, Part I, on December 14, 2013, a copy of the proposed Disposal at Sea Permit Application Regulations, 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) (see footnote c) of the Canadian Environmental Protection Act, 1999 (see footnote d), makes the annexed Disposal at Sea Permit Application Regulations.

Gatineau, July 7, 2014

LEONA AGLUKKAQ
Minister of the Environment

DISPOSAL AT SEA PERMIT APPLICATION REGULATIONS

INTERPRETATION

Definition of “Act”

1. In these Regulations, “Act” means the Canadian Environmental Protection Act, 1999.

APPLICATIONS

PERMITS

Permit application

2. An application for a permit referred to in subsection 127(1) or 128(2) of the Act must be submitted in the form set out in Schedule 1 and must contain the information relevant to the application that is provided for in that Schedule.

RENEWAL OF PERMITS

Renewal application

3. An application for a renewal of a permit referred to in subsection 127(1) of the Act must be submitted in the form set out in Schedule 2 and must contain the information relevant to the application that is provided for in that Schedule.

REPEAL

4. The Regulations Respecting Applications for Permits for Disposal at Sea (see footnote 1) are repealed.

COMING INTO FORCE

S.C. 2012, c. 19

5. These Regulations come into force on the day on which subsection 161(3) of the Jobs, Growth and Long-term Prosperity Act, chapter 19 of the Statutes of Canada, 2012, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

SCHEDULE 1
(Section 2)

Environment Canada

PERMIT APPLICATION (DISPOSAL AT SEA)*

* Ce formulaire est disponible en français.

Application Identification (EC OFFICE USE ONLY)

Name: _______________________

Number: _____________________

Permits are issued in accordance with Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999 (the “Act”). “Disposal” has the same meaning as in subsection 122(1) of the Act. Information provided on this form will be used to evaluate the application for a permit.

Applicants should consult their nearest regional Disposal at Sea Program office of Environment Canada before preparing or submitting an emergency permit application under section 128 of the Act.

The following activities are covered by this application. Indicate those activities that apply to you:

Checkbox 1. Loading for the purpose of disposal

Checkbox 2. Disposal of waste or other matter

Checkbox 3. Disposal on ice

Checkbox 4. Other: __________________________________________

SUBSTANCE TO BE DISPOSED OF AT SEA

 

PART A — APPLICANT INFORMATION

IDENTIFICATION

1. NAME OF APPLICANT — Indicate the name that is to appear on the permit.

2. TELEPHONE NO.

3. FAX NO.

4. EMAIL ADDRESS

5. ADDRESS

6. TYPE OF BUSINESS

7. PERMIT HISTORY — List the permit numbers and expiry dates of any previous permits, including renewals, that are relevant to this application.

Permit No.

Expiry Date (year/month)

8. NAME OF INDIVIDUAL(S) RESPONSIBLE FOR PROPOSED ACTIVITY

9. TELEPHONE NO. (if different from box 2)

10. FAX NO. (if different from box 3)

11. EMAIL ADDRESS (if different from box 4)

12. NAME OF TECHNICAL CONTACT(S) FOR PROPOSED ACTIVITY

13. TELEPHONE NO.

14. FAX NO.

15. EMAIL ADDRESS

PART B — INFORMATION ON PROPOSED ACTIVITY

GENERAL INFORMATION

16. DESCRIPTION OF ACTIVITY — Give a general description of the proposed activity and its purpose.

NUMBER OF PAGES ATTACHED _____

17. SUBSTANCE TO BE DISPOSED OF AT SEA — Indicate the substance to be disposed of at sea. See the portion of Part 1 of Appendix 1 that pertains to the substance you wish to dispose of for further details regarding the information that must be included in your application. In the case of incineration, see Part 2 of Appendix 1.

NUMBER OF PAGES ATTACHED _____

18. TERM OF PERMIT REQUESTED (maximum one year)

from year/month/day _______________

to year/month/day _______________

19. TOTAL QUANTITY (cubic metres or tonnes) — Indicate the maximum quantity requested for disposal under the permit. For dredged material, the quantity must be calculated in cubic metres using place measurement.

20. DO YOU WANT THE REQUESTED PERMIT TO BE CONSIDERED FOR RENEWAL? — If yes, complete boxes 21 and 22. If no, proceed to box 23.

Yes Checkbox   No Checkbox

21. RENEWAL QUANTITY (cubic metres or tonnes) — Estimate the maximum quantity for disposal under each expected renewal. For dredged material, the quantity must be calculated in cubic metres using place measurement.

First Renewal ____________________________

Second Renewal __________________________

Third Renewal ___________________________

Fourth Renewal __________________________

22. NUMBER OF POTENTIAL RENEWALS REQUIRED — Indicate how many times renewal may be required (maximum four renewals).

23. 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 ADDRESS OF SITE(S) (if any)

LATITUDE (decimal degrees to five decimal places, referencing NAD83)

LONGITUDE (decimal degrees to five decimal places, referencing NAD83)

QUANTITY TO BE LOADED (cubic metres or tonnes)

NUMBER OF PAGES ATTACHED _____

24. DISPOSAL SITE(S) — Provide a detailed drawing showing the boundaries of each disposal site or release zone (unless your nearest regional Disposal at Sea Program office has indicated otherwise).

DISPOSAL SITE NAME (if any)

LATITUDE (decimal degrees to five decimal places, referencing NAD83)

LONGITUDE (decimal degrees to five decimal places, referencing NAD83)

DEPTH (metres)

QUANTITY TO BE DISPOSED OF (cubic metres or tonnes)

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 of dredged material or inert, inorganic geological matter at a new disposal site, or disposal of any substance on ice, see the relevant portion of Appendix 2 for further details regarding the information that must be included in your application.

NUMBER OF PAGES ATTACHED _____

25. ROUTE FROM LOAD SITE TO DISPOSAL SITE — Attach a map, chart or good reproducible set of drawings that shows the location of each load site and each disposal site. If the route is not direct, explain why and show the intended route on the map, chart or drawings.

NUMBER OF PAGES ATTACHED _____

26. EQUIPMENT AND METHODS — Describe the equipment and methods to be used at each load site and disposal site. In the case of incineration, see Part 2 of Appendix 1 for further details regarding the information that must be included in your application.

NUMBER OF PAGES ATTACHED _____

27. METHODS OF PACKAGING AND CONTAINMENT

NUMBER OF PAGES ATTACHED _____

DISPOSAL SPECIFICATIONS

28. MAXIMUM QUANTITY PER DISPOSAL (cubic metres or tonnes)

29. RATE (if applicable) (cubic metres per hour or tonnes per hour)

30. FREQUENCY (disposals per day, week or month)

31. SPEED DURING DISPOSAL

32. TIME REQUIRED FOR DISCHARGE OR SINKING (minutes)

33. TRACK TO BE FOLLOWED DURING DISPOSAL

NUMBER OF PAGES ATTACHED _____

34. APPROVALS — List all permits, licences and reviews, including environmental impact assessments, that are required by any federal, provincial, territorial, municipal or local agency for the carrying out of the activity described in this application.

ISSUING AGENCY

TYPE OF APPROVAL

ID NO.

DATE OF APPLICATION (year/month/day)

DATE OF APPROVAL (year/month/day)

DATE OF REFUSAL (year/month/day)

35. NOTICE OF APPLICATION — Attach evidence that a notice was published under paragraph 127(2)(d) of the Act.

CLIPPING ATTACHED Checkbox

NAME OF PUBLICATION

PLACE OF PUBLICATION (city, province)

DATE OF PUBLICATION (year/month/day)

PART C — CARRIER INFORMATION (if unknown, may be provided at a later date that is prior to the start of operations)

IDENTIFICATION

36. NAME AND ADDRESS OF CARRIER

37. TELEPHONE NO.

38. FAX NO.

39. EMAIL ADDRESS

40. NAME, TITLE AND ADDRESS OF OWNER OF SHIP, AIRCRAFT, PLATFORM OR STRUCTURE USED TO CARRY OUT DISPOSAL

41. TELEPHONE NO.

42. FAX NO.

43. EMAIL ADDRESS

44. NAME OF INDIVIDUALS RESPONSIBLE FOR LOADING OR DISPOSAL ON BEHALF OF APPLICANT (including the master)

45. TELEPHONE NO.

46. FAX NO.

47. EMAIL ADDRESS

48. NAME OR NUMBER OF SHIP, AIRCRAFT, PLATFORM OR STRUCTURE USED TO CARRY OUT DISPOSAL

PART D — INFORMATION ON ALTERNATIVES TO DISPOSAL AT SEA

49. WASTE ASSESSMENT — See Schedule 6 to the Act.

NUMBER OF PAGES ATTACHED _____

50. ALTERNATIVES — Provide a comparative assessment of disposal at sea and other practicable alternatives that indicates 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); and
  • (e) conflicting use of resources (potential and actual).

In the case of incineration, see Part 2 of Appendix 1 for further details regarding the information that must be included in your application.

NUMBER OF PAGES ATTACHED _____

PART E — HISTORICAL DATA

51. PREVIOUS DISPOSAL METHODS — Describe the methods, if any, other than disposal at sea, that you have previously used to dispose of the same type of substance. Indicate dates and locations.

NUMBER OF PAGES ATTACHED _____

52. 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 F — CHEMICAL, BIOLOGICAL AND PHYSICAL INFORMATION

53. CHEMICAL INFORMATION — Provide a chemical characterization of the substance. If possible, attach detailed data and methods and the quality assurance and control data and methods. If no data are provided, explain why. If the substance you wish to dispose of is listed under section 1, 3, 4 or 6 of Schedule 5 to the Act, see the portion of Part 1 of Appendix 1 that pertains to that substance for further details regarding the information that must be included in your application. In the case of incineration of any substance, see Part 2 of Appendix 1.

NUMBER OF PAGES ATTACHED _____

54. BIOLOGICAL INFORMATION — Provide an assessment of the potential effects of the substance, including toxicity, on living marine resources. If 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 _____

55. PHYSICAL INFORMATION — Provide an assessment of the potential of the substance, once disposed of at sea, to cause long-term physical effects. If possible, attach detailed physical data and methods and the quality assurance and control data and methods. If no data are provided, explain why. If the substance you wish to dispose of is listed under section 1, 3 or 4 of Schedule 5 to the Act, see the portion of Part 1 of Appendix 1 that pertains to that substance for further details regarding the information that must be included in your application.

NUMBER OF PAGES ATTACHED _____

PART G — PROXIMITY AND MITIGATION

56. PROXIMITY TO FACILITIES — For dredged or inert, inorganic geological material, provide a map for each load site that shows, by means of the symbols set out below, the location of the major operating and historical facilities in the site’s vicinity. Indicate your sources of information and attach a copy of the information if possible. If the source is a person, provide the person’s name, address and telephone number.

FACILITIES

SYMBOL

SOURCES OF INFORMATION

OPERATING

HISTORICAL
  • (a) oil refineries;

(O)

(O*)

  
  • (b) mills (specify type);

(M)

(M*)

  
  • (c) mines (specify type);

(N)

(N*)

  
  • (d) sewage outfalls;

(S)

(S*)

  
  • (e) storm drains or pipes;

(P)

(P*)

  
  • (f) shipping docks;

(D)

(D*)

  
  • (g) other industries (specify); and

(I)

(I*)

  
  • (h) other sources of pollution and contamination (specify).

(C)

(C*)

  

NUMBER OF PAGES ATTACHED _____

57. PROXIMITY TO SENSITIVE AREAS — For a new disposal site, provide a map that shows, by means of the symbols set out below, the location of all sensitive areas in the disposal site’s vicinity. Indicate your sources of information and attach a copy of the information if possible. If 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) marine protected areas, ecological reserves and bird sanctuaries;

(PA)

  
  • (k) critical habitat for species at risk; and

(CH)

  
  • (l) other areas (describe uses, e.g. water intakes).

(XZ)

  

NUMBER OF PAGES ATTACHED _____

58. MITIGATION — Indicate measures intended to minimize the environmental, health, navigational and aesthetic impacts during loading, transport and disposal. In the case of incineration, see Part 2 of Appendix 1 for further details regarding the information that must be included in your application.

NUMBER OF PAGES ATTACHED _____

59. TIME RESTRICTIONS — If the load site or the disposal site is to 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).

NUMBER OF PAGES ATTACHED _____

If this application is to be submitted by an agent of the applicant, the applicant must complete the following authorization:

I authorize __________________________ (print name) to act on my behalf as my agent in the processing of this application and to

furnish, on request, supplemental information in support of this application.

________________________________
Date

________________________________
Name (print)

________________________________
Signature

This application is 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 proposed activity or am acting as the applicant’s duly authorized agent.

__________________________________
Date

__________________________________
Name (print)

__________________________________
Signature

__________________________________
Telephone No.

__________________________________
Fax No.

Send the completed permit application, the application fee and all supporting documentation to your nearest regional Disposal at Sea Program office of Environment 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 space indicated. Attach additional pages as needed. The Minister of the Environment may require, in accordance with paragraph 127(2)(b) or 128(3)(b) of the Act, further information for the purpose of complying with Schedule 6 to the Act. In the case of disposal at sea by incineration, as referred to in section 128 of the Act, consult Part 2 of this Appendix.

The numbers below correspond to the boxes on the permit application form.

A — DREDGED MATERIAL AND INERT, INORGANIC GEOLOGICAL MATTER

17. Substance to Be Disposed of at Sea

For soil or sediment, indicate the relative presence of

For rock, indicate the relative presence of

53. Chemical Information

Identify the presence of the following in any soil, sediment and pore water being disposed of:

55. Physical Information

Provide the following information in respect of the waste to be disposed of:

B — FISH WASTE

17. Substance to Be Disposed of at Sea

Provide the following information in respect of the waste to be disposed of:

C — SHIPS, AIRCRAFT, PLATFORMS AND OTHER STRUCTURES (as described in section 3 of Schedule 5 to the Act)

17. Substance to Be Disposed of at Sea

Provide the following information in respect of the waste to be disposed of, if applicable:

53. Chemical Information

Describe any cargo, fuel and hazardous materials, including chemicals, left on board.

55. Physical Information

Provide the following information in respect of any ship or aircraft to be disposed of:

D — BULKY SUBSTANCES (as described in section 6 of Schedule 5 to the Act)

17. Substance to Be Disposed of at Sea

Describe the substance’s

Provide information demonstrating that the substance meets the definition and criteria described in section 6 of Schedule 5 to the Act.

53. Chemical Information

Describe any contamination of the substance by hazardous materials, including chemicals.

E — UNCONTAMINATED ORGANIC MATTER OF NATURAL ORIGIN

17. Substance to Be Disposed of at Sea

Describe the substance’s

PART 2

MINIMUM INFORMATION REQUIREMENTS FOR INCINERATION
FOR APPLICATIONS UNDER SECTION 128 OF THE ACT

If this is an application under section 128 of the Act to incinerate a substance to avert an emergency, provide the required information on the form in the space indicated. Attach additional pages as needed. The Minister of the Environment may require, in accordance with paragraph 128(3)(b) of the Act, further information for the purpose of complying with Schedule 6 to the Act. Contact your nearest regional Disposal at Sea Program office of Environment Canada before preparing or submitting an emergency permit application.

The numbers below correspond to the boxes on the permit application form.

ALL SUBSTANCES

17. Substance to Be Disposed of at Sea

Provide the following information in respect of the substance to be incinerated:

26. Equipment and Methods

Describe the following in respect of the proposed incineration:

50. Alternatives

Include a justification for the use of incineration versus other disposal options.

53. Chemical Information

Provide the results of the latest tests on stack emissions for particulate matter, hydrogen chloride (HCl), carbon monoxide (CO), dioxins and furans.

58. Mitigation

Describe the following in respect of the proposed incineration:

APPENDIX 2

MINIMUM INFORMATION REQUIREMENTS FOR DISPOSAL
AT NEW DISPOSAL SITES AND ON ICE

Provide the information required for the waste that you are applying to dispose of on the form in the space indicated. Attach additional pages as needed. The Minister of the Environment may require, in accordance with paragraph 127(2)(b) or 128(3)(b) of the Act, further information for the purpose of complying with Schedule 6 to the Act. Contact your nearest regional Disposal at Sea Program office of Environment Canada before collecting data on a new disposal site.

The numbers below correspond to the boxes on the permit application form.

A — DISPOSAL AT A NEW DISPOSAL SITE FOR DREDGED MATERIAL OR INERT, INORGANIC GEOLOGICAL MATTER

24. Disposal Site(s)

Provide information regarding the following in respect of the proposed disposal site:

B — DISPOSAL ON ICE

24. Disposal Site(s)

Provide the following information in respect of the proposed disposal site:

SCHEDULE 2
(Section 3)

Environment Canada

APPLICATION FOR PERMIT RENEWAL (DISPOSAL AT SEA)*

* Ce formulaire est disponible en français.

Application Identification (EC OFFICE USE ONLY)

Name: _______________________

Number: _____________________

Permits are issued in accordance with Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999 (the “Act”). “Disposal” has the same meaning as in subsection 122(1) of the Act. Information provided on this form will be used to evaluate the application for a permit renewal. Information collected is intended to verify that no conditions that informed the decision to issue the original permit have changed since the original permit application.

PERMIT TO BE RENEWED

Original Permit No. _____________________________

Original Permit Expiry Date (year/month/day) _____________________________

PART A — APPLICANT INFORMATION

IDENTIFICATION

1. NAME OF APPLICANT — Indicate the name that is to appear on the permit.

2. TELEPHONE NO.

3. FAX NO.

4. EMAIL ADDRESS

5. ADDRESS

6. TYPE OF BUSINESS

7. NAME OF INDIVIDUAL(S) RESPONSIBLE FOR PROPOSED ACTIVITY

8. TELEPHONE NO. (if different from box 2)

9. FAX NO. (if different from box 3)

10. EMAIL ADDRESS (if different from box 4)

11. NAME OF TECHNICAL CONTACT(S) FOR PROPOSED ACTIVITY

12. TELEPHONE NO.

13. FAX NO.

14. EMAIL ADDRESS

PART B — INFORMATION ON PROPOSED ACTIVITY

GENERAL INFORMATION

15. DESCRIPTION OF ACTIVITY — Describe in detail any changes to the information provided in the original permit application.

NUMBER OF PAGES ATTACHED _______

16. TERM OF PERMIT REQUESTED ON RENEWAL (maximum one year)

from

year/month/day
_______________

to

year/month/day
_______________

17. TOTAL QUANTITY (cubic metres or tonnes) — Indicate the maximum quantity requested for disposal under the renewed permit.

18. NEW APPROVALS — List all permits, licences and reviews, including environmental impact assessments, that are required by any federal, provincial, territorial, municipal or local agency for the carrying out of the activity described in this application and were received since the original permit application was submitted.

ISSUING AGENCY

TYPE OF APPROVAL

ID NO.

DATE OF APPLICATION (year/month/day)

DATE OF APPROVAL (year/month/day)

19. NOTICE OF APPLICATION — Attach evidence that a notice was published under paragraph 127(2)(d) of the Act.

CLIPPING ATTACHED Check box

NAME OF PUBLICATION

PLACE OF PUBLICATION (city, province)

DATE OF PUBLICATION (year/month/day)

PART C — CARRIER INFORMATION (if unknown, may be provided at a later date that is prior to the start of operations)

IDENTIFICATION

20. NAME AND ADDRESS OF CARRIER

21. TELEPHONE NO.

22. FAX NO.

23. EMAIL ADDRESS

24. NAME, TITLE AND ADDRESS OF OWNER OF SHIP, AIRCRAFT, PLATFORM OR STRUCTURE USED TO CARRY OUT DISPOSAL

25. TELEPHONE NO.

26. FAX NO.

27. EMAIL ADDRESS

28. NAME OF INDIVIDUALS RESPONSIBLE FOR LOADING OR DISPOSAL ON BEHALF OF APPLICANT (including the master)

29. TELEPHONE NO.

30. FAX NO.

31. EMAIL ADDRESS

32. NAME OR NUMBER OF SHIP, AIRCRAFT, PLATFORM OR STRUCTURE USED TO CARRY OUT DISPOSAL

If this application is to be submitted by an agent of the applicant, the applicant must complete the following authorization:

I authorize ____________________________ (print name) to act on my behalf as my agent in the processing of this application and

to furnish, on request, supplemental information in support of this application.

_____________
Date

___________________________________________
Name (print)

___________________________________________
Signature

This application is made for the renewal of a permit authorizing the activity described in this application. I certify that I have reviewed the information provided in the original permit application and that it is still complete and accurate with the exception of updated information provided in this application for renewal. 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 proposed activity or am acting as the applicant’s duly authorized agent.

_____________
Date

_______________________________________
Name (print)

_______________________________________
Signature

_______________________________________
Telephone No.

_______________________________________
Fax No.

Send the completed permit renewal application, the application fee and all supporting documentation to your nearest regional Disposal at Sea Program office of Environment Canada.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The current permit application form that must be completed to enable assessments of permit applications under the Disposal at Sea Regulations is set out in the schedule to the current Regulations Respecting Applications for Permits for Disposal at Sea (the current Permit Application Regulations [PARs]). Given the recent amendments to the Canadian Environmental Protection Act, 1999 (CEPA 1999), a new set of permit application forms and, consequently, a new set of regulations respecting permit applications are required. These recent amendments to CEPA 1999 concern the introduction of a process to issue renewable permits for certain low-risk, routine projects relating to the loading for disposal and the disposal of waste or other matter at sea (disposal at sea).

Further, improvements to the description of certain information requirements have been made in the new set of permit application forms for disposal at sea. Revised forms will decrease the likelihood of misinterpretation of information requirements experienced by current permit applicants, thereby reducing the amount of time that they spend completing permit applications and obtaining the necessary approvals for these applications.

Background

The Minister of the Environment (the Minister) may, on application, issue permits for projects relating to disposal at sea, pursuant to the permitting provisions in Part 7, Division 3, of CEPA 1999, and where the applicant meets the requirements of the Disposal at Sea Regulations. (see footnote 2) On June 29, 2012, the Jobs, Growth and Long-term Prosperity Act (see footnote 3) received Royal Assent and introduced amendments to CEPA 1999. Prior to these amendments, CEPA 1999 did not provide for the renewal of permits for projects involving disposal at sea, including permits issued for projects characterized as being low-risk and routine in nature and not varying from year to year, such as maintenance dredging projects and projects involving the disposal of fish processing waste. These amendments to CEPA 1999 allow for permits to be renewed no more than four times, subject to criteria set out in regulations, and also allow for timelines to be set out for renewals.

The new standards and criteria that apply to the issuance and renewal of permits for disposal at sea are set out in the modifications to the Disposal at Sea Regulations made this year. These modifications will allow for permits to be renewed for projects relating to disposal at sea that are low-risk and routine in nature and that do not vary from year to year, thus reducing the length and complexity of permit applications required to be completed and generating time savings for applicants.

Objectives

The objectives of the Disposal at Sea Permit Application Regulations (the new Permit Application Regulations [PARs]) are to

Description

To properly assess a permit application and the total possible period for which a given permit for disposal at sea may be valid, officials from Environment Canada’s Disposal at Sea Program will require specific information, such as the total quantity of the substance to be disposed of at sea for the initial permit and each expected renewal, as well as the number of times the permit being applied for may require renewal. In order to ensure that officials from the Disposal at Sea Program obtain this information, the application form that is set out in the schedule to the current PARs will be repealed and replaced with a new application form for new permits as well as with a new application form for permit renewals, both of which are set out in the schedules to the new PARs.

Specifically, Schedule 1 to the new PARs will provide the form in which an application for a new permit for disposal at sea must be submitted. Schedule 1 will include text providing a greater level of detail and clarity than the corresponding text in the schedule to the current PARs concerning the type and format of information to be submitted when applying for a new permit. Schedule 2 to the new PARs will provide the form in which an application for a renewal of a permit for disposal at sea must be submitted.

Improvements to the level of detail and clarity in the schedule to the current PARs

By introducing changes which better communicate specific information requirements, the text in Schedule 1 to the new PARs will provide a greater level of detail and clarity in relation to the corresponding text in the schedule to the current PARs. Schedule 1 to the new PARs includes the following modifications, which are consistent with the current information requirements:

“One-for-One” Rule

The new PARs are projected to result in a decrease in administrative burden costs. Applicants requesting new permits for disposal at sea will require marginally fewer administrative resources than those resources required under current practices. The estimated savings are generated by employing two key assumptions, as described below:

Altogether, it is projected that, due to the new PARs, affected applicants will collectively realize incremental reductions in annualized costs in the order of $130, or $4 per applicant, over a 10-year period beginning in 2014 (2012 Canadian dollars; present value base year of 2012; 7% discount rate). The net present value of incremental administrative burden savings for all permit applicants during this period is projected to be around $1,000.

Small business lens

The new PARs will not impose any notable additional costs on permit applicants, including the estimated 60 small businesses that apply for permits for disposal at sea in Canada on a yearly basis. As a result, the small business lens does not apply to the new PARs.

Consultation

Applicants for permits for disposal at sea are primarily firms and government organizations and include dredging companies, excavation companies, fish processing plants, port authorities, and small craft harbours administered by Fisheries and Oceans Canada. (see footnote 5) Other stakeholders include the public and environmental nongovernmental organizations.

The new PARs will implement legislative authorities in CEPA 1999 with respect to permits for disposal at sea, as modified by the Jobs, Growth and Long-term Prosperity Act and executed by means of the Government of Canada’s Responsible Resource Development initiative. Prior to publication of the new PARs in the Canada Gazette, Part I, no formal consultations with permit applicants were held, given that the new PARs will not impose any notable incremental administrative or compliance costs on the public, the federal government or applicants. On December 14, 2013, the new PARs were published in the Canada Gazette, Part I, for a public comment period of 60 days. Officials from the Disposal at Sea Program notified current permit holders through email of this comment period and the opportunity to raise any concerns or suggestions. No comments were received from stakeholders through this process.

Rationale

Overall, the net benefit of the new PARs is expected to be positive but small, as the benefits resulting from the introduction of a process to issue renewable permits for disposal at sea are attributable to the modifications to the Disposal at Sea Regulations made this year. The new PARs are administrative in nature, as they will allow permit applicants to apply for renewals and enable the Minister to decide if a specific permit is renewable and the number of times that the permit is potentially renewable. Further, the new PARs will better specify the type and format of information to be submitted by applicants who apply for a new permit. Considering the benefits described above, and provided that there will be minimal cost impacts associated with permit applicants becoming aware of the new set of application forms, the outcome of the new PARs will be positive.

Implementation, enforcement and service standards

The new PARs will come into effect on September 24, 2014, the day fixed by order of the Governor in Council on which the amendments to CEPA 1999 with respect to permits for disposal at sea, introduced by the Jobs, Growth and Long-term Prosperity Act, come into force. (see footnote 6) However, if the new PARs are registered after that day, they will come into effect on the day on which they are registered.

The new PARs are administrative in nature, given that they will not alter the manner in which the current PARs are enforced, nor will they result in the implementation of any new program or activity. Since the majority of parties regulated by the current PARs are well known and most of them are regular permit holders, compliance promotion will consist of verbal and written notifications and explanations, as appropriate, provided directly to regulated parties by officials from the Disposal at Sea Program. In order to communicate with the public and future permit applicants who may not presently be regulated by the current PARs, information bulletins will be published on the Disposal at Sea Program’s Web site. (see footnote 7)

Contacts

Linda Porebski
Chief
Marine Programs
Environmental Assessment and Marine Programs Division
Environmental Protection Operations Directorate
Environmental Stewardship Branch
Environment Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819-420-7613
Fax: 819-953-0913
Email: SEA-MER@ec.gc.ca

Yves Bourassa
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Environment Canada
10 Wellington Street
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-7651
Fax: 819-953-3241
Email: RAVD.DARV@ec.gc.ca