Stop dumping and risky boat sales

Summary#

This bill, the Clean Coasts Act, amends two federal laws to reduce marine pollution and derelict vessels. It tightens the ban on dumping at sea under the Canadian Environmental Protection Act, 1999 (CEPA), and adds a new offence under the Wrecked, Abandoned or Hazardous Vessels Act (WAHVA) to stop owners from offloading vessels to buyers who cannot maintain or safely dispose of them.

• Expands who can be held responsible for dumping at sea by adding liability for a “ship” and for those who “allow the disposal” of substances in Canadian waters (CEPA s.125(1) amendment).
• Creates a new offence: vessel owners cannot transfer a vessel if they know, or are reckless about whether, the buyer lacks the ability, resources, or intent to prevent it from becoming wrecked, abandoned, or hazardous (WAHVA new s.34.1).
• Adds the new offence to WAHVA’s penalties section, making it enforceable with existing fines and other sanctions (WAHVA s.90(1)(a) amendment).
• Applies in waters under Canadian jurisdiction listed in CEPA s.122(2)(a)-(e) (e.g., internal waters, territorial sea, exclusive economic zone) (CEPA s.125(1) amendment).

What it means for you#

• Households (recreational boat owners and sellers)

  • If you sell a boat, you must not transfer it to someone who lacks the ability, resources, or intent to maintain, operate, or dispose of it safely; doing so becomes an offence if you know this or are reckless about it (WAHVA new s.34.1).
  • Practical implication: sellers may need to do basic due diligence (e.g., proof of moorage, insurance, competency) to avoid being “reckless.” The bill does not define specific documents (WAHVA new s.34.1).
  • Effective date: on Royal Assent, since the bill contains no delayed coming-into-force clause. Data unavailable on the exact date.

• Workers (masters and crews of vessels)

  • “No person or ship shall dispose or allow the disposal” of substances in Canadian waters unless authorized; this broadens who can be held liable for dumping (CEPA s.125(1) amendment).
  • Practical implication: shipboard policies may need updates to ensure no unauthorized disposal occurs, including waste handled by contractors.

• Businesses (commercial shipowners, marine brokers, lenders, marinas)

  • Increased liability risk for unauthorized dumping at sea, including for a ship that “allows” disposal; owners and operators may need stronger controls and recordkeeping (CEPA s.125(1) amendment).
  • Brokers and lenders may face higher due diligence expectations when arranging transfers, especially for older or end‑of‑life vessels, to avoid facilitating prohibited transfers (WAHVA new s.34.1).
  • Marinas and storage yards may see more inquiries about lawful end‑of‑life disposal options. Data unavailable on capacity impacts.

• Local governments and coastal communities

  • Potential reduction in derelict and abandoned vessels if risky transfers decline (WAHVA new s.34.1).
  • Possible decrease in local cleanup requests or costs, but the bill provides no funding. Data unavailable on net fiscal impact.

• Service users (fishers, recreational users)

  • Potential for cleaner waters and fewer hazards from derelict vessels and illegal dumping. Magnitude of change depends on enforcement and compliance. Data unavailable.

Expenses#

Estimated net cost: Data unavailable.

• No explicit appropriations or new fees in the bill text. Enforcement would use existing CEPA and WAHVA frameworks (Bill text; CEPA s.125(1) amendment; WAHVA new s.34.1; WAHVA s.90(1)(a) amendment).
• Administrative and enforcement costs for Environment and Climate Change Canada and Transport Canada: Data unavailable.
• Potential fine revenue from new or expanded offences: Data unavailable.
• No official fiscal note identified: Data unavailable.

Proponents' View#

• Closes a loophole that allowed owners to “dump by sale” by transferring problem vessels to buyers who cannot care for them, reducing abandoned and hazardous vessels (WAHVA new s.34.1).
• Strengthens deterrence against marine dumping by making both persons and ships liable for disposing or allowing disposal at sea, improving accountability on board (CEPA s.125(1) amendment).
• Uses existing enforcement structures and penalty provisions, limiting the need for new spending (WAHVA s.90(1)(a) amendment).
• Protects sensitive marine areas under Canadian jurisdiction, supporting cleaner coasts and safer navigation (CEPA s.125(1) with reference to s.122(2)(a)-(e)).
• May lower public cleanup burdens over time by preventing new derelict vessels; exact savings are not quantified (Data unavailable).

Opponents' View#

• Creates uncertainty for private sellers: terms like “reckless” and assessing a buyer’s “ability, resources or intent” are not defined, raising risk of disputes and uneven enforcement (WAHVA new s.34.1).
• Imposes due diligence costs on small boat owners and brokers, who may need to verify buyer capability without clear statutory guidelines (WAHVA new s.34.1).
• Expands liability for shipowners and operators by penalizing those who “allow” disposal, potentially capturing actions by crew or contractors and increasing insurance and compliance costs (CEPA s.125(1) amendment; Data unavailable on costs).
• Without added funding or guidance, enforcement capacity may not match the broader offences, limiting effectiveness and creating inconsistency across regions (Data unavailable).
• The bill does not specify penalty levels in the amendments; stakeholders may find it hard to assess risk without accessible penalty guidance, even though s.90 applies (WAHVA s.90(1)(a) amendment; Data unavailable on penalty amounts).