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

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 compliance units or invalidate any trade of compliance units if the Ministers are of the opinion that the trade or use of a compliance 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.

Marginal note:Environmental Economic Instruments Fund

• 327.1 (1) There is established an account in the accounts of Canada to be called the Environmental Economic Instruments Fund, consisting of a sub-account for each funding program that meets the following conditions:

  • (a) its purpose is provided for in a regulation made under section 326 and any of sections 93, 118, 140, 167, 177 and 209; and

  • (b) it is under the responsibility of the Minister.

• Marginal note:Amounts paid into C.R.F.

  (2) The amounts received by His Majesty in right of Canada as contributions to a funding program referred to in subsection (1) are to be paid into the Consolidated Revenue Fund and credited to the sub-account for that program.

• Marginal note:Interest

  (3) The Minister of Finance shall cause to be credited to each sub-account an amount representing interest, calculated in the manner and at the rate determined by the Governor in Council on the recommendation of that Minister, on the amount standing to the credit of that sub-account.

• Marginal note:Amounts paid out of C.R.F.

  (4) On the Minister’s request, one or more amounts not exceeding in total the amount standing in the sub-account for a funding program referred to in subsection (1), including interest, may be paid out of the Consolidated Revenue Fund for the purpose for which that funding program was established. The amount of all such payments is to be charged to that sub-account.

• Marginal note:Administration of Fund

  (5) The Minister is responsible for the administration of the Environmental Economic Instruments Fund.

• Marginal note:Use of amounts

  (6) Amounts credited to a sub-account for a funding program referred to in subsection (1) may be used for the administration of that sub-account.

• Marginal note:Designation

  (7) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in subsections (4) and (5).

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.

• (3) [Repealed, 2023, c. 12, s. 54]

• (3.1) [Repealed, 2023, c. 12, s. 54]

• 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.

Marginal note:Exemption from Statutory Instruments Act

331 An interim order made under section 94, 163, 173, 183 or 200.1

• (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

• (b) shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council.

Prepublication Requirements

Marginal note:Publication of proposed orders and regulations

• 332 (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in any of sections 66 to 66.2, 87, 105 to 105.2 and 112 or an interim order made under section 94, 163, 173, 183 or 200.1.

• Marginal note:Notice of objection

  (2) Any person may file with the Minister comments, or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, within 60 days after the publication of

  • (a) a proposed order or regulation referred to in subsection (1);

  • (b) a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette; or

  • (c) a statement referred to in subparagraph 91(1)(a)(ii) or (b)(ii).

• Marginal note:Single publication required

  (3) No order, regulation or instrument need be published more than once under subsection (1), whether or not it is altered after publication.

Board of Review Proceedings

Marginal note:Establishment of board of review

• 333 (1) If a person files a notice of objection under subsection 332(2) in respect of a decision or a proposed order, regulation or instrument made by the Governor in Council, a decision or a proposed order or instrument made by either or both Ministers or a statement referred to in subparagraph 91(1)(a)(ii) or (b)(ii), the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision or statement is made or the order, regulation or instrument is proposed.

• Marginal note:Establishment of board of review

  (2) Where a person files a notice of objection under subsection 9(3) or 10(5) in respect of an agreement or a term or condition of the agreement, the Minister may establish a board of review to inquire into the matter.

• Marginal note:Mandatory review for international air and water

  (3) Where a person or government files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under section 167 or 177 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the nature and extent of the danger posed by the release into the air or water of the substance in respect of which the regulations are proposed.

• Marginal note:Mandatory reviews for certain regulations

  (4) Where a person files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under Part 9 or section 118 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the matter raised by the notice.

• Marginal note:Review for permits

  (5) Where a person files with the Minister a notice of objection under section 134 within the time specified in that section, the Minister may establish a board of review to inquire into the matter raised by the notice.

• (6) [Repealed, 2023, c. 12, s. 56]

Marginal note:Number of members of board

• 334 (1) A board of review shall consist of not fewer than three members.

• Marginal note:Knowledge requirement

  (2) A person is not eligible to be appointed as a member of a board of review unless the person is knowledgeable about the Canadian environment, environmental and human health or traditional aboriginal ecological knowledge.

Marginal note:Appearance before board

335 A board of review shall give any person or government a reasonable opportunity, consistent with the rules of procedural fairness and natural justice, of appearing before it, presenting evidence and making representations.

Marginal note:Withdrawal of notice of objection

336 Where a notice of objection referred to in section 333 is withdrawn by the person who filed it and no other notice of objection is filed in respect of the same matter, the Minister or Ministers may dissolve a board of review established in respect of the notice of objection.

Marginal note:Powers of board

337 For the purposes of an inquiry under this Act, a board of review has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

Marginal note:Costs

• 338 (1) A board of review may award costs of, and incidental to, any proceedings before it on a final or interim basis and those costs may be fixed at a sum certain or may be taxed.

• Marginal note:Payment

  (2) A board of review may, in accordance with the rules, direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

Marginal note:Absent member of board

339 Where a member of a board of review is absent or unable to proceed with or complete an inquiry, the remaining members of the board may, if there is still a quorum, proceed with or complete the inquiry.

Marginal note:Report

• 340 (1) As soon as possible after the conclusion of an inquiry, a board of review shall submit a report to the Minister or the Ministers who established the board, together with its recommendations and the evidence that was presented to it.

• Marginal note:Publication of report

  (2) The report of the board of review shall be made public immediately after its receipt by the Minister or Ministers, subject to section 314 or the conditions of any other Act of Parliament.

Marginal note:Rules for boards of review

341 The Minister or the Ministers may, with respect to boards of review that the Minister or the Ministers establish, make rules of either particular or general application

• (a) for regulating the proceedings of the boards;

• (b) for regulating the conduct of hearings, including the presentation of evidence, the making of representations, the holding of hearings, the length of hearings and the date on or before which the boards shall report;

• (c) fixing the remuneration of board members and the travel and living expenses to which they are entitled;

• (d) prescribing the criteria to be considered by boards in directing interim or final costs to be paid, taxed and allowed and prescribing a scale under which costs are to be taxed; and

• (e) generally, for regulating the conduct and work of the boards.

Report to Parliament

Marginal note:Annual report

• 342 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report on the administration and enforcement of this Act for that year.

• Marginal note:Research

  (2) The Minister shall include in the annual report a report on the research conducted under the authority of this Act during the fiscal year being reported.