58. Section 226 of the Act is replaced by the following:

59. The Act is amended by adding the following after section 228:

60. Section 231 of the Act is replaced by the following:

• 61. (1) Subsection 235(1) of the Act is replaced by the following:

  Marginal note:Order

  • 235. (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened in the circumstances described in subsection (2) by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened in the circumstances described in that subsection, the enforcement officer may issue an environmental protection compliance order directing any person described in subsection (3) to take any of the measures referred to in subsection (4) and, if applicable, subsection (5) that are reasonable in the circumstances and consistent with the protection of the environment and public safety, in order to cease or refrain from committing the alleged contravention.

• (2) Subsection 235(3) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or’’ at the end of paragraph (b) and by adding the following after paragraph (b):

  • (c) any person who is likely to cause or contribute to the alleged contravention.

• (3) The portion of subsection 235(4) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Specific measures

    (4) For the purposes of subsection (1), an order in relation to an alleged contravention of any provision of this Act or the regulations may specify that the person to whom the order is directed take one or more of the following measures:

• (4) Paragraphs 235(4)(c) and (d) of the French version of the Act are replaced by the following:

  • c) cesser l’exercice d’une activité ou l’exploitation d’une partie notamment d’un ouvrage ou d’une entreprise jusqu’à ce que l’agent de l’autorité soit convaincu qu’ils sont conformes à la présente loi et aux règlements;

  • d) déplacer un moyen de transport vers un autre lieu, y compris faire entrer un navire au port ou faire atterrir un aéronef;

• (5) The portion of paragraph 235(4)(f) of the Act before subparagraph (i) is replaced by the following:

  • (f) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the environment damaged by the alleged contravention or to protect the components of the environment put at risk by the alleged contravention — including

• (6) Paragraph 235(6)(b) of the Act is replaced by the following:

  • (b) the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;

• (7) Paragraphs 235(6)(d) and (e) of the Act are replaced by the following:

  • (d) the measures to be taken;

  • (e) the time or the day when each measure is to begin or the period during which it is to be carried out;

• (8) Subsection 235(7) of the Act is replaced by the following:

  • Marginal note:Duration of order

    (7) An order may not be in force for a period of more than 180 days.

  • Marginal note:Failing to file report

    (8) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.

  • Marginal note:Statutory Instruments Act

    (9) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.

62. Subsection 236(1) of the English version of the Act is replaced by the following:

63. Paragraph 237(1)(b) of the English version of the Act is replaced by the following:

64. Subsection 238(2) of the Act is replaced by the following:

• 65. (1) Subsection 239(1) of the Act is replaced by the following:

  Marginal note:Intervention by enforcement officer

  • 239. (1) If any person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or cause them to be taken.

• (2) Subsection 239(3) of the Act is replaced by the following:

  • Marginal note:Personal liability

    (3) Any person, other than a person described in subsection 235(3), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.

• 66. (1) Subsection 240(3) of the English version of the Act is replaced by the following:

  • Marginal note:Liability

    (3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.

• (2) Subsections 240(5) and (6) of the French version of the Act are replaced by the following:

  • Marginal note:Poursuites

    (5) Sa Majesté du chef du Canada peut recouvrer les créances, ainsi que les dépens afférents, par action en recouvrement devant tout tribunal compétent.

  • Marginal note:Recours contre des tiers et indemnité

    (6) Le présent article ne limite pas les recours contre les tiers ni le droit à une indemnité.

• 67. (1) The portion of subsection 241(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Variation or cancellation of order

  • 241. (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may, after giving reasonable notice,

• (2) The portion of subsection 241(3) of the French version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Teneur de l’avis d’intention

    (3) L’avis d’intention quant à l’exercice des pouvoirs prévus à l’alinéa (1)a) doit préciser les trois éléments suivants :

68. Section 247 of the Act is replaced by the following:

69. Section 257 of the Act is replaced by the following: