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

Act current to 2019-11-19 and last amended on 2019-06-17. Previous Versions

PART 7Controlling Pollution and Managing Wastes (continued)

DIVISION 8Control of Movement of Hazardous Waste and Hazardous Recyclable Material and of Prescribed Non-hazardous Waste for Final Disposal (continued)

Marginal note:Regulations

 The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Division, including regulations

  • (a) defining, for the purposes of this Division and Part 10, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to those definitions;

  • (b) respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division;

  • (c) establishing criteria for the purpose of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party;

  • (d) for establishing a classification system for waste and material;

  • (e) respecting information and documents to be provided to the Minister;

  • (f) respecting conditions governing the import, export, transit and movement within Canada of waste and material;

  • (g) respecting plans referred to in subsection 188(1), taking into account

    • (i) the benefit of using the nearest appropriate disposal facility, and

    • (ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters; and

  • (h) prescribing anything that by this Division is to be prescribed.

Marginal note:Forms

 The Minister may establish forms for the purposes of this Division.

PART 8Environmental Matters Related to Emergencies

Marginal note:Definitions

 The definitions in this section apply in this Part.

environmental emergency

environmental emergency means

  • (a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or

  • (b) the reasonable likelihood of such a release into the environment. (urgence environnementale)

substance

substance means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part. (substance)

  • 1999, c. 33, s. 193
  • 2004, c. 15, s. 26

Marginal note:Application

 For the purposes of this Part, any power, duty or function conferred or imposed under this Part may only be exercised or performed in relation to those aspects of an environmental emergency that

  • (a) have or may have an immediate or long-term harmful effect on the environment;

  • (b) constitute or may constitute a danger to the environment on which human life depends; or

  • (c) constitute or may constitute a danger in Canada to human life or health.

Marginal note:Research

 Despite subsection 36(3) of the Fisheries Act, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d) and 209(2)(a), (b), (c) and (d), the Minister may

  • (a) examine and conduct research, including tests, respecting the causes, circumstances and effects of and remedial measures for an environmental emergency; and

  • (b) conduct and publicize demonstration projects.

Marginal note:Guidelines and codes of practice

 The Minister may issue guidelines and codes of practice respecting the prevention of, preparedness for and response to an environmental emergency and for restoring any part of the environment damaged by or during an emergency.

Marginal note:Consultation

  •  (1) In carrying out the responsibilities conferred by section 196, the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or environmental emergencies.

  • Marginal note:Minister may act

    (2) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (1), the Minister may act under section 196 if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.

Marginal note:Publication of guidelines and codes of practice

 The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, guidelines and codes of practice issued under section 196 or a notice stating where copies of those documents may be obtained.

Marginal note:Requirements for environmental emergency plans

  •  (1) The Minister may at any time publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice requiring any person or class of persons described in the notice to prepare and implement an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency in respect of

    • (a) a substance or group of substances on the List of Toxic Substances in Schedule 1; or

    • (b) a substance or group of substances in relation to which there has been published in the Canada Gazette

      • (i) a statement of the Ministers under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1, or

      • (ii) a copy of an order proposed to be made under subsection 90(1).

  • Marginal note:Contents of notice

    (2) The notice shall specify

    • (a) the substance or group of substances in relation to which the plan is to be prepared;

    • (b) the period within which the plan is to be prepared;

    • (c) the period within which the plan is to be implemented; and

    • (d) any other matter that the Minister considers necessary.

  • Marginal note:Extension of time

    (3) Where the Minister is of the opinion that further time is necessary to prepare or implement the plan, the Minister may extend the period for a person who submits a written request before the expiry of the period referred to in the notice or of any extended period.

  • Marginal note:Plan prepared or implemented for another purpose

    (4) Subject to subsection (5), where a person who is required to prepare or implement an environmental emergency plan under a notice published under this section has prepared or implemented a plan in respect of environmental emergencies on a voluntary basis or for another government or under another Act of Parliament that meets all or some of the requirements of the notice, the person may use that plan for the purposes of meeting the requirements of this Part and, in that case, the plan shall be considered to be an environmental emergency plan that has been prepared or implemented under this Part.

  • Marginal note:Where partial requirements met

    (5) Where a person uses a plan under subsection (4) that does not meet all of the requirements of the notice, the person shall

    • (a) amend the plan so that it meets all of those requirements; or

    • (b) prepare an additional environmental emergency plan that meets the remainder of those requirements.

  • Marginal note:Application of provisions re declarations and keeping plans

    (6) Sections 58 and 59 apply to environmental emergency plans, with any modifications that the circumstances require, as if any reference to a pollution prevention plan were read as a reference to an environmental emergency plan.

  • Marginal note:Submission of plans

    (7) The Minister may publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice requiring any person or class of persons described in the notice who are required to prepare or implement an environmental emergency plan under subsection (1) or section 291 or under an agreement in respect of environmental protection alternative measures to submit, within the period specified by the Minister, the plan or any part of the plan.

 
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