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

Act current to 2022-11-16 and last amended on 2021-05-01. Previous Versions

Interpretation (continued)

Marginal note:Aboriginal rights

 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

PART 1Administration

Advisory Committees

Marginal note:National Advisory Committee

  •  (1) For the purpose of enabling national action to be carried out and taking cooperative action in matters affecting the environment and for the purpose of avoiding duplication in regulatory activity among governments, the Minister shall establish a National Advisory Committee

    • (a) to advise the Ministers on regulations proposed to be made under subsection 93(1);

    • (b) to advise the Minister on a cooperative, coordinated intergovernmental approach for the management of toxic substances; and

    • (c) to advise the Minister on other environmental matters that are of mutual interest to the Government of Canada and other governments and to which this Act relates.

  • Marginal note:Precautionary principle

    (1.1) In giving its advice and recommendations, the Committee shall use the precautionary principle.

  • Marginal note:Composition of Committee

    (2) The Committee shall consist of the following members:

    • (a) one representative for each of the Ministers;

    • (b) one representative of the government of each of the provinces; and

    • (c) subject to subsection (3), not more than six representatives of aboriginal governments, to be selected on the following regional basis,

      • (i) one representative for all aboriginal governments, except Inuit, in Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick,

      • (ii) one representative for all aboriginal governments, except Inuit, in Quebec,

      • (iii) one representative for all aboriginal governments, except Inuit, in Ontario,

      • (iv) one representative for all aboriginal governments, except Inuit, in Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut,

      • (v) one representative for all aboriginal governments, except Inuit, in British Columbia and Yukon, and

      • (vi) one representative for all Inuit aboriginal governments.

  • Marginal note:Provincial representatives

    (2.1) The representative of a provincial government shall be selected by that government.

  • Marginal note:Aboriginal representatives

    (2.2) Subject to subsection (3), the representative of aboriginal governments shall be selected by the aboriginal governments he or she represents.

  • Marginal note:Inuit aboriginal representatives

    (2.3) Subject to subsection (3), the representative of Inuit aboriginal governments shall be selected by those governments.

  • Marginal note:Absence of aboriginal government

    (3) Where there is no Inuit aboriginal government or aboriginal government for a region referred to in any of subparagraphs (2)(c)(i) to (v), the representative of the Inuit or of aboriginal people for the region, as the case may be, may be selected in accordance with regulations made under subsection (4).

  • Marginal note:Regulations

    (4) The Minister may make regulations respecting the manner of selecting a representative under subsection (3).

  • 1999, c. 33, s. 6
  • 2002, c. 7, s. 124
  • 2015, c. 3, s. 172

Marginal note:Ministerial advisory committees

  •  (1) For the purpose of carrying out their duties under this Act, the Ministers or either Minister may

    • (a) establish advisory committees to report to the Ministers or either Minister; and

    • (b) specify the functions that the committees are to perform and the manner in which those functions are to be performed.

  • Marginal note:Publication of report

    (2) The report of a committee established under subsection (1), including its recommendations and reasons, shall be made public.

Marginal note:Report of various committees

 The Minister shall include in the annual report required by section 342 a report of the activities of the Committee and of any committees established under paragraph 7(1)(a).

Agreements Respecting Administration

Marginal note:Negotiation of agreement

  •  (1) The Minister may negotiate an agreement with a government or with an aboriginal people with respect to the administration of this Act.

  • Marginal note:Publication of negotiated agreements

    (2) The Minister shall publish any agreement negotiated under subsection (1) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

  • Marginal note:Comments or objections

    (3) Within 60 days after the publication of an agreement or notice of its availability under subsection (2), any person may file with the Minister comments or a notice of objection.

  • Marginal note:Publication by Minister of results

    (4) After the end of the period of 60 days referred to in subsection (3), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with.

  • Marginal note:Entering into agreements

    (5) The Minister may, after publishing a report or notice under subsection (4),

    • (a) with the approval of the Governor in Council, enter into an agreement with a government or an aboriginal people with respect to the administration of this Act; and

    • (b) subject to any terms and conditions that the Governor in Council may specify in the approval, agree to amendments of the agreement.

  • Marginal note:Publication of final agreements

    (6) The Minister shall publish any agreement under subsection (5), or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

  • Marginal note:Termination

    (7) An agreement made under subsection (5) terminates five years after the date on which it comes into force or may be terminated earlier by either party giving the other at least three months notice.

  • Marginal note:Annual report

    (8) The Minister shall include in the annual report required by section 342 a report on the administration of this Act under agreements made under subsection (5).

  • Marginal note:Action not limited by Agreement

    (9) No agreement made under this section shall limit or restrict the carrying out of any action the Minister deems necessary for the administration and enforcement of this Act, including the conduct of inspections or investigations.

Agreements Respecting Equivalent Provisions

Marginal note:Non-application of regulations

  •  (1) Except with respect to Her Majesty in right of Canada, the provisions of a regulation made under subsection 93(1), 200(1) or 209(1) or (2) do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

  • Marginal note:Non-application of regulations

    (2) Except with respect to a federal source, the provisions of a regulation made under section 167 or 177 do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

  • Marginal note:Declaration of equivalent provisions

    (3) Subject to subsections (4), (5) and (6), where the Minister and a government agree in writing that there are in force by or under the laws applicable to the jurisdiction of the government

    • (a) provisions that are equivalent to a regulation made under a provision referred to in subsection (1) or (2), and

    • (b) provisions that are similar to sections 17 to 20 for the investigation of alleged offences under environmental legislation of that jurisdiction,

    the Governor in Council may, on the recommendation of the Minister, make an order declaring that the provisions of the regulation do not apply in an area under the jurisdiction of the government.

  • Marginal note:Publication of agreements

    (4) The Minister shall publish any agreement referred to in subsection (3) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

  • Marginal note:Comments or objections

    (5) Within 60 days after the publication of an agreement or notice of its availability under subsection (4), any person may file with the Minister comments or a notice of objection.

  • Marginal note:Publication by Minister of results

    (6) After the end of the period of 60 days referred to in subsection (5), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with.

  • Marginal note:Publication of final agreements

    (7) The Minister shall publish any agreement referred to in subsection (3) after it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

  • Marginal note:Termination

    (8) An agreement made under subsection (3) terminates five years after the date on which it comes into force or may be terminated earlier by either party giving the other at least three months notice.

  • Marginal note:Revocation of order

    (9) The Governor in Council may, on the recommendation of the Minister, revoke an order made under subsection (3) if the agreement referred to in that subsection terminates or is terminated.

  • Marginal note:Report to Parliament

    (10) The Minister shall include in the annual report required by section 342 a report on the administration of this section.

PART 2Public Participation

Interpretation

Definition of environmental protection action

 In this Part, environmental protection action means an action under section 22.

Environmental Registry

Marginal note:Establishment of Environmental Registry

 The Minister shall establish a registry, to be called the Environmental Registry, for the purpose of facilitating access to documents relating to matters under this Act.

Marginal note:Contents of Environmental Registry

  •  (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Minister, and shall also include, subject to the Access to Information Act and the Privacy Act,

    • (a) notices of objection and of any approval granted under this Act;

    • (b) a copy of every policy and of every proposed regulation or order made under this Act; and

    • (c) copies of documents submitted to a court by the Minister relating to any environmental protection action.

  • Marginal note:Form and manner of Environmental Registry

    (2) The Minister may determine the form of the Environmental Registry, how it is to be kept and how access to it is to be provided.

Marginal note:Protection from civil proceeding or prosecution

  •  (1) Despite any other Act of Parliament, no civil or criminal proceedings may be brought against any person mentioned in subsection (2) for the full or partial disclosure in good faith of any notice or other document through the Environmental Registry or any consequences of its disclosure.

  • Marginal note:Persons protected

    (2) The persons against whom the proceedings may not be brought are Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister.

Rights under Other Parts

Marginal note:Additional rights

 The rights conferred by this Part are in addition to the right to request the addition of a substance to the Priority Substance List, the right to file a notice of objection under Parts 1, 5, 7 and 11 and the right to request under Parts 5, 7 and 11 that a board of review be established under section 333.

Voluntary Reports

Marginal note:Voluntary reports

  •  (1) Where a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or any person to whom a report may be made under this Act.

  • Marginal note:Request for confidentiality

    (2) The person making the report may request that their identity, and any information that could reasonably be expected to reveal their identity, not be disclosed.

  • Marginal note:Requirement for confidentiality

    (3) No person shall disclose or cause to be disclosed the identity of a person who makes a request under subsection (2) or any information that could reasonably be expected to reveal their identity unless the person authorizes the disclosure in writing.

  • Marginal note:Employee protection

    (4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

    • (a) the employee has made a report under subsection (1);

    • (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or

    • (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act.

Investigation of Offences

Marginal note:Application for investigation by Minister

  •  (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Act that the individual alleges has occurred.

  • Marginal note:Statement to accompany application

    (2) The application shall include a solemn affirmation or declaration

    • (a) stating the name and address of the applicant;

    • (b) stating that the applicant is at least 18 years old and a resident of Canada;

    • (c) stating the nature of the alleged offence and the name of each person alleged to have contravened, or to have done something in contravention of, this Act or the regulations; and

    • (d) containing a concise statement of the evidence supporting the allegations of the applicant.

  • Marginal note:Form

    (3) The Minister may prescribe the form in which an application under this section is required to be made.

Marginal note:Investigation by Minister

 The Minister shall acknowledge receipt of the application within 20 days of the receipt and shall investigate all matters that the Minister considers necessary to determine the facts relating to the alleged offence.

 
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