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

Marginal note:Prohibition of disclosure

314 The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with section 315, 316 or 317.

Marginal note:Disclosure by Minister for public interest

• 315 (1) The Minister may disclose information, other than information in respect of which section 318 applies, where

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly outweighs in importance

    • (i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and

    • (ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

• Marginal note:Notice of disclosure

  (2) Subject to subsection (3), at least 24 hours before disclosing any information under subsection (1), the Minister shall give notice of the proposed disclosure to the person who provided the information or on whose behalf it was provided.

• Marginal note:Exception

  (3) Notice under subsection (2)

  • (a) is not required where the person to whom it is to be given cannot be found after reasonable efforts have been made to do so; or

  • (b) may be given later than the time required by that subsection where an emergency exists.

Marginal note:Certain purposes for which information may be disclosed

• 316 (1) Information may be disclosed

  • (a) with the written consent of the person who provided it or on whose behalf it was provided;

  • (b) as may be necessary for the purposes of the administration or enforcement of this Act;

  • (c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, where

    • (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and

    • (ii) the government, international organization, institution or other minister undertakes to keep the information confidential;

  • (d) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, where the government or organization undertakes to keep the information confidential; or

  • (e) to a physician or prescribed medical professional who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

• Marginal note:Disclosure by physician, etc.

  (2) A physician or prescribed medical professional to whom information is disclosed under paragraph (1)(e) shall not disclose the information except as may be necessary for the purposes referred to in that paragraph.

• Marginal note:Disclosure of personal information

  (3) Personal information as defined in section 3 of the Privacy Act may not be disclosed under paragraph (1)(b) or (c) unless

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

Marginal note:Disclosure by Minister

• 317 (1) The Minister may disclose information in respect of which a request for confidentiality has been made under section 313 where the Minister determines that the disclosure would not be prohibited under section 20 of the Access to Information Act.

• Marginal note:Application of certain provisions of Access to Information Act

  (2) Where the Minister intends to disclose information under subsection (1), sections 27, 28 and 44 of the Access to Information Act apply, with any modifications that the circumstances require, and, for that purpose, that information is deemed to be contained in a record that the Minister intends to disclose and any reference in those sections to the person who requested access shall be disregarded.

• Marginal note:Protection from civil proceeding or prosecution

  (3) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or against any person acting on behalf of or under the direction of the Minister, and no proceedings lie against the Crown for the disclosure in good faith of any information under this Act, for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or any other provision of the Access to Information Act if reasonable care is taken to give the required notice.

Marginal note:Hazardous Materials Information Review Act

318 Except as provided in sections 316 and 317, information in respect of which a request for confidentiality has been made under section 313 shall not be disclosed where

• (a) a claim for exemption has been filed in respect of the information under section 11 of the Hazardous Materials Information Review Act;

• (b) the information is exempt under section 19 of that Act from the requirement in respect of which the exemption is claimed; and

• (c) the person claiming the exemption has disclosed the contents of the claim to the Minister.

Marginal note:Regulations

319 The Governor in Council may make regulations prescribing

• (a) information that shall accompany a request made under section 313; and

• (b) medical professionals for the purposes of paragraph 316(1)(e).

Marginal note:Non-disclosure by Minister of National Defence

320 Despite any other provision of this Act, the Minister of National Defence may refuse to disclose under this Part any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

Marginal note:Security requirements for disclosure

321 Any person, except an enforcement officer or analyst, who receives, obtains or has access to information under this Act shall comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of the information.

Economic Instruments

Marginal note:Guidelines, programs and other measures

322 The Minister may establish guidelines, programs and other measures for the development and use of economic instruments and market-based approaches to further the purposes of this Act, respecting systems relating to

• (a) deposits and refunds; and

• (b) tradeable units.

Marginal note:Consultation

• 323 (1) In carrying out the responsibilities conferred by section 322, 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 quality of the environment or the preservation and improvement of public health.

• 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 322 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 programs

324 The Minister shall publish any guidelines, programs and other measures established under section 322, or shall give notice of their availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

Marginal note:Regulations for systems relating to deposits and refunds

325 The Governor in Council may, in the exercise of a regulation-making power under section 93, 118 or 209, make regulations respecting systems relating to deposits and refunds, including regulations providing for, or imposing requirements respecting,

• (a) deposits, including the amount of any deposit and the substance, product containing a substance or activity in relation to which a deposit is required, the conditions for the use of a deposit and the conditions for and manner of paying a deposit;

• (b) the period during which a deposit may be held;

• (c) refunds, including the amount of any refund and the substance, product containing a substance or activity in relation to which a refund may be granted and the conditions for and manner of paying a refund;

• (d) the establishment of a fund for deposits, and the operation, management and administration of the fund;

• (e) the designation of a person to administer the fund for deposits and the conditions for the designation;

• (f) reports and forms related to deposits, refunds and the fund for deposits;

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

• (h) the forfeiture of deposits, including unclaimed deposits and the conditions under which and the circumstances in which deposits may be forfeited.

Marginal note:Regulations for tradeable units systems

326 The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to tradeable units, including regulations providing for, or imposing requirements respecting,

• (a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established;

• (b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system;

• (c) the description and nature of a tradeable unit, including allowances, credits or coupons;

• (d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits;

• (e) the conditions related to the creation, distribution, exchange, sale, use, variation or cancellation of a tradeable unit;

• (f) the creation, operation and management of a public registry related to the system;

• (g) the conditions for the use of and participation in the system, including environmental or temporal limits;

• (h) reports and forms related to the system; and

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

Marginal note:Ministerial orders

327 Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of tradeable units or invalidate any trade of tradeable units where the Ministers are of the opinion that the trade or use of a tradeable unit

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

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

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

Regulations Respecting Fees and Charges

Marginal note:Services and facilities

• 328 (1) Subject to subsection (2), the Minister may make regulations

  • (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for a service, the use of a facility or any right, privilege, process or approval;

  • (b) prescribing the persons or classes of persons by whom or on whose behalf the fees are to be paid and requiring the fees to be paid by those persons or classes of persons;

  • (c) exempting any person or class of persons from the requirement to pay any of those fees; and

  • (d) generally, in respect of any condition or any other matter in relation to the payment of fees for a service, facility, right, privilege, process or approval referred to in paragraph (a).

• Marginal note:Appropriate Minister

  (2) For the purpose of subsection (1), where the Minister or the Minister of Health or both Ministers have responsibility for a service, facility, right, privilege, process or approval referred to in paragraph (1)(a), that Minister or both Ministers, as the case may be, have the power to make the regulations under subsection (1) in relation to that service, facility, right, privilege, process or approval.

• Marginal note:Amount not to exceed cost

  (3) Fees for a service or the use of a facility that are prescribed by or under regulations made under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

• Marginal note:Amount

  (4) Fees for processes or approvals that are prescribed by or under regulations made under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty for the purpose of providing the processes or approvals.

Marginal note:Consultation

329 The Minister making a regulation under section 328 shall do so after consulting with any persons or organizations that the Minister considers to be interested in the matter.

General Regulation-making Powers and Exemptions

Marginal note:Exercise of regulation-making power

• 330 (1) The Governor in Council may, in the exercise of any regulation-making power under this Act in respect of a substance, prescribe

  • (a) the minimum, average or maximum quantity or concentration of the substance; and

  • (b) the method of determining such a quantity or concentration.

• Marginal note:Incorporation by reference

  (2) For greater certainty, a regulation made under this Act incorporating by reference a standard, specification, guideline, method, procedure or practice may incorporate the standard, specification, guideline, method, procedure or practice as amended from time to time.

• Marginal note:Application throughout Canada

  (3) Except as provided in subsection (3.1), a regulation under this Act applies throughout Canada.

• Marginal note:Limited geographical application

  (3.1) A regulation made under section 93, 140, 167 or 177 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health.

• Marginal note:Variation

  (3.2) Regulations made under section 93, 140, 145, 167, 177 or 326 may distinguish among any class of persons, works, undertakings, activities or substances, including fuels, that they may establish on the basis of any factor, including

  • (a) quantities of releases;

  • (b) production capacity;

  • (c) technology or techniques used or manufacturing process;

  • (d) feedstocks used;

  • (e) in the case of works or undertakings, the date their operation commenced or the date on which any major alterations are completed;

  • (f) the substance or fuel’s source;

  • (g) the substance or fuel’s commercial designation;

  • (h) the substance or fuel’s physical or chemical properties; and

  • (i) the substance or fuel’s conditions of use or place or time of year of use.

• Marginal note:Limitation of Part 7

  (3.3) Nothing in Part 7 is to be construed so as to prevent the making of regulations under Part 5.

• Marginal note:Manner of service

  (4) The Minister may make regulations respecting the manner of providing or serving orders, copies of orders, notices or other documents that are to be provided under this Act.