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Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Act current to 2022-07-13 and last amended on 2021-05-01. Previous Versions

PART 8Environmental Matters Related to Emergencies (continued)

Marginal note:Recovery of costs and expenses

  •  (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 201(4) from

    • (a) any person referred to in paragraph 201(2)(a); and

    • (b) any person referred to in paragraph 201(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency.

  • Marginal note:Reasonably incurred

    (2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

  • Marginal note:Liability

    (3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection.

  • Marginal note:Limitation

    (4) A person referred to in paragraph 201(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency.

  • Marginal note:Procedure

    (5) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

  • Marginal note:Recourse or indemnity

    (6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

  • Marginal note:Limitation period

    (7) Where events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or become evident to the Minister, whichever is later.

  • Marginal note:Minister’s certificate

    (8) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

Marginal note:National notification and reporting system

  •  (1) The Minister may establish, in cooperation with the governments of the provinces and aboriginal governments and government departments or agencies, a national system for the notification and reporting of environmental emergencies.

  • Marginal note:Copies

    (2) Subject to section 314, any person may have access to and a copy of any information contained in the national system established under subsection (1).

Marginal note:Liability of owner of substance

  •  (1) Subject to this Part, the person who owns or has the charge, management or control of a substance immediately before an environmental emergency is liable

    • (a) for restoring any part of the environment damaged by or during the emergency;

    • (b) for costs and expenses incurred by a public department within the meaning of the Criminal Code or other public authority in Canada in respect of measures taken to prevent, repair, remedy or minimize the damage to the environment resulting from the emergency, including measures taken in anticipation of the environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures; and

    • (c) for costs and expenses incurred by the Minister in respect of measures taken to prevent, repair, remedy or minimize the environmental emergency to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures.

  • Definition of public authority in Canada

    (2) In subsection (1), public authority in Canada means Her Majesty in right of a province, an aboriginal government or any other body designated by the Governor in Council for the purposes of that subsection as a public authority in Canada.

  • Marginal note:Strict liability subject to certain defences

    (3) The person’s liability under subsection (1) does not depend on proof of fault or negligence, but the owner is not liable under that subsection if the owner establishes that the environmental emergency

    • (a) resulted from an act of war, hostilities or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character;

    • (b) was wholly caused by an act or omission of a third party with intent to cause damage; or

    • (c) was wholly caused by the negligence or other wrongful act of government, public department or public authority.

  • Marginal note:Reduced liability

    (4) Where the person who is liable under subsection (1) establishes that the environmental emergency resulted wholly or partially from

    • (a) an act or omission done by the person who suffered the damage with intent to cause damage, or

    • (b) the negligence or wilful conduct of that person,

    the liability of the person referred to in subsection (1) to that other person is reduced or nullified in proportion to the degree to which the environmental emergency resulted from the factors mentioned in paragraphs (a) and (b).

  • Marginal note:Person’s rights against third parties preserved

    (5) Nothing in this Part shall be construed as limiting or restricting any right of recourse that the person who is liable under subsection (1) may have against any other person.

  • Marginal note:Person’s own claim for costs and expenses

    (6) Costs and expenses incurred by the person referred to in subsection (1) in respect of measures voluntarily taken to prevent, repair, remedy or minimize damage from the environmental emergency, including measures taken in anticipation of an environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, rank equally with other claims against any security given by that person in respect of that person’s liability under this section.

PART 9Government Operations and Federal and Aboriginal Land

Interpretation

Definition of regulations

 In this Part, regulations means regulations made under this Part.

Application

Marginal note:Application to Government, etc.

  •  (1) This Part applies to

    • (a) departments, boards and agencies of the Government of Canada;

    • (b) federal works and undertakings;

    • (c) aboriginal land, federal land, persons on that land and other persons in so far as their activities involve that land; and

    • (d) Crown corporations, as defined in subsection 83(1) of the Financial Administration Act.

  • Marginal note:Yukon

    (1.1) This Part does not apply to public real property under the administration and control of the Commissioner of Yukon pursuant to the Yukon Act.

  • Marginal note:Limitation

    (2) This Part does not restrict any of the following powers in so far as they may be exercised in relation to air and all layers of the atmosphere above federal land or aboriginal land:

    • (a) powers under the Aeronautics Act or a provision of any other Act of Parliament relating to aeronautics or air transportation; or

    • (b) powers under the National Defence Act or a provision of any other Act of Parliament relating to national defence and security.

  • 1999, c. 33, s. 207
  • 2002, c. 7, s. 125

Objectives, Guidelines and Codes of Practice

Marginal note:Minister shall establish

  •  (1) The Minister shall establish objectives, guidelines and codes of practice for the purpose of carrying out the Minister’s duties and functions under this Part related to the quality of the environment.

  • Marginal note:Consultation

    (2) In establishing an objective, a guideline or a code of practice under subsection (1), the Minister

    • (a) shall offer to consult with the government of a territory if the objective, guideline or code of practice applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and

    • (b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

  • Marginal note:Minister may act

    (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.

Regulations

Marginal note:Regulations for the protection of the environment

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the protection of the environment, including regulations respecting

    • (a) the establishment of environmental management systems;

    • (b) pollution prevention and pollution prevention plans;

    • (c) environmental emergencies, releases of substances and likely releases, including their prevention, preparedness for them, reporting them, both as soon as possible in the circumstances and in detail at a later stage, and the measures to be taken to respond to them and to correct damage to the environment;

    • (d) the designation of persons for the purposes of paragraph 212(1)(a) and subsections 212(3) and 213(1) and prescribing the form of the report to be made under those provisions and the information to be contained in it;

    • (e) the circumstances in which a report is not required under paragraph 212(1)(a);

    • (f) any substance; and

    • (g) any other matter necessary to carry out the purposes of this Part.

  • Marginal note:Content of the regulations

    (2) Regulations with respect to any substance may provide for, or impose requirements respecting,

    • (a) the quantity or concentration of any substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;

    • (b) the places or areas where the substance may be released;

    • (c) the commercial, manufacturing, processing or other activity in the course of which the substance may be released;

    • (d) the manner in which and the conditions under which the substance may be released into the environment, either alone or in combination with any other substance;

    • (e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;

    • (f) the purposes for which the substance or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;

    • (g) the manner in which and the conditions under which the substance or a product containing it may be imported, manufactured, processed or used;

    • (h) the quantities or concentrations in which the substance may be used;

    • (i) the quantities or concentrations of the substance that may be imported;

    • (j) the countries from or to which the substance may be imported or exported;

    • (k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;

    • (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing the substance and the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;

    • (m) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada;

    • (n) the manner in which, the conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;

    • (o) the manner in which and the conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;

    • (p) the packaging and labelling of the substance or a product containing it;

    • (q) the manner, conditions, places and method of disposal or recycling of the substance or a product containing it, including standards for the construction, maintenance and inspection of disposal or recycling sites;

    • (r) the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance;

    • (s) the maintenance of books and records for the administration of any regulation made under this section;

    • (t) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;

    • (u) the submission of samples of the substance to the Minister;

    • (v) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;

    • (w) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify

      • (i) any requirement for sampling, analyses, tests, measurements or monitoring, or

      • (ii) conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and

    • (x) the decommissioning and decontamination of storage, handling, transportation, disposal and recycling sites for the substance.

  • Marginal note:Consultation

    (3) Before recommending to the Governor in Council a regulation under this section, the Minister

    • (a) shall offer to consult with the government of a territory if the regulation applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and

    • (b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

  • Marginal note:Minister may act

    (4) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (3)(a), the Minister may recommend a regulation to the Governor in Council under this section if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.

  • 1999, c. 33, s. 209
  • 2017, c. 26, s. 63(E)

Marginal note:Non-application of regulations

 Where the Governor in Council is of the opinion that provisions of any other Part of this Act or any other Act of Parliament, or regulations made under them,

  • (a) are in force in respect of an aspect of the protection of the environment,

  • (b) apply to a federal work or undertaking, federal land or aboriginal land, and

  • (c) provide sufficient protection to the environment and human health,

the Governor in Council may make an order stating that opinion and, if such an order is made, regulations made under this Part relating to the same aspect do not apply to the federal work or undertaking, the federal land or the aboriginal land.

Information about Works and Activities

Marginal note:Minister may require information

  •  (1) For the purpose of making regulations, the Minister may require information from any person who carries on, or proposes to carry on, a federal work or undertaking or an activity on federal land or aboriginal land.

  • Marginal note:Kind of information

    (2) The required information shall be information that will enable the Minister to determine any environmental effects that the work, undertaking or activity may have, and it may include

    • (a) plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity; and

    • (b) analyses, samples, evaluations, studies or other information relating to the environment that is or is likely to be affected by the work, undertaking or activity.

 
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