PART 7Controlling Pollution and Managing Wastes (continued)
DIVISION 6International Air Pollution (continued)
Marginal note:Recovery of reasonable costs and expenses by Her Majesty
Marginal note:Only if 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.
(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.
(4) A person referred to in paragraph 169(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person’s negligence in causing or contributing to the release.
(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.
171 No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 167.
Marginal note:Plans and specifications
172 (1) If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, air pollution, the person shall, at the request of the Minister for the purposes of this Division and within the time that the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity and with analyses, samples, evaluations, studies, mitigation methodologies or other information relating to the substance.
Marginal note:Obtaining information from government
(2) Before making a request to a person under subsection (1), the Minister shall try to obtain, within a reasonable time, the samples or information from the government responsible for the area in which the person is situated.
Marginal note:Interim order
Marginal note:Effective date of order
(2) An interim order has effect from the time it is made.
Marginal note:Approval of Governor in Council
(3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.
(4) The Governor in Council shall not approve an interim order unless the Minister has
(a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and
(b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.
Marginal note:Ministerial action
(5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 166 in order to address the significant danger that gave rise to the interim order.
Marginal note:Contravention of unpublished order
(6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order.
Marginal note:Cessation of effect
(7) Subject to subsection (3), an interim order ceases to have effect on the earliest of
Marginal note:Repeal of interim order
(8) No action is required to be taken under subsection (5) if the interim order is repealed.
Marginal note:Report to Parliament
174 The Minister shall include in the annual report required by section 342 a report on the administration of this Division.
DIVISION 7International Water Pollution
Definition of water pollution
175 In this Division, water pollution means a condition of water, arising wholly or partly from the presence in water of any substance, that directly or indirectly
(a) endangers the health, safety or welfare of humans;
(b) interferes with the normal enjoyment of life or property;
(c) endangers the health of animal life;
(d) causes damage to plant life or to property; or
(e) degrades or alters, or forms part of a process of degrading or alterating, an ecosystem to an extent that is detrimental to its use by humans, animals or plants.
Marginal note:Determination of international water pollution
176 (1) Subject to subsection (4), the Minister shall act under subsections (2) and (3) only if the Ministers have reason to believe that a substance released from a source in Canada into water creates, or may reasonably be anticipated to create,
Marginal note:Consultation with other governments
(2) If the source referred to in subsection (1) is a not a federal source, the Minister shall
(a) consult with the government responsible for the area in which the source is situated to determine whether that government can prevent, control or correct the water pollution under its laws; and
(b) if the government referred to in paragraph (a) can prevent, control or correct the water pollution, offer it an opportunity to do so.
Marginal note:Ministerial action
(3) If the source referred to in subsection (1) is a federal source, or if the government referred to in paragraph (2)(a) cannot prevent, control or correct the water pollution under its laws or does not do so, the Minister shall take at least one of the following courses of action:
Marginal note:Reciprocity with other country
(4) If the water pollution referred to in paragraph (1)(a) is in a country where Canada does not have substantially the same rights with respect to the prevention, control or correction of water pollution as that country has under this Division, the Minister shall decide whether to act under subsections (2) and (3).
Marginal note:Other factors
(5) When recommending regulations under paragraph (3)(b), the Minister shall take into account comments made under subsection 178(2), notices of objection filed under subsection 332(2) and any report of a board of review submitted under subsection 340(1).
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