Even if a log-handling operation complies with all relevant provincial regulatory or permitting requirements, it must also comply with all federal Acts and regulations that deal with discharges to Canadian fisheries waters, disposal of wastes and other matter at sea as well as those related to navigation and shipping. In this context, the
Canadian Environmental Protection Act, 1999 (CEPA 1999) and the Fisheries Act are the two most relevant and important pieces of federal environmental legislation.



The Canadian Environment Protection Act, 1999 focuses on pollution prevention and protection of the environment and human health in order to contribute to sustainable development. Among the provisions of CEPA 1999 that seek to prevent pollution and protect the environment are sections 122 to 137 that govern the disposal of waste and other matter at sea. These provisions implement the international Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed by Canada in 1972 and the 1996 Protocol to that Convention, which Canada is implementing through CEPA 1999. These provisions prohibit disposal (and incineration) of wastes in oceans within Canadian jurisdiction, and by Canadian ships in international waters, unless the disposal is done under a permit issued by the Minister of Environment. CEPA 1999 sets out how a permit application is to be assessed and specifies materials that may be considered for a disposal at sea. These materials are:

1. Dredged material;

2. Fish waste and other organic matter resulting from industrial fish processing operations;

3. Ships, aircraft, platforms or other structures;

4. Inert, inorganic geological matter;

5. Uncontaminated organic matter of natural origin;

6. Bulky substances that are primarily composed of iron, steel, concrete.


Section 272(1) makes it is an offence to contravene any section of CEPA 1999 or its regulations. Section 272(2) states:


Every person who commits an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both; and

(b) on summary conviction, to a fine of not more than $300,000 or to imprisonment for a term of not more than six months, or to both.