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

Act current to 2019-07-01 and last amended on 2019-06-17. Previous Versions

PART 2Public Participation (continued)

Environmental Protection Action (continued)

Marginal note:Settlement or discontinuance

 An environmental protection action may be settled or discontinued only with the approval of the court and on terms that it considers appropriate.

Marginal note:Settlements and orders

 If an environmental protection action results in an order of a court or a settlement approved by a court,

  • (a) the resolution of any question of fact by the order or settlement is binding on a court in any other environmental protection action in which that question arises; and

  • (b) no other environmental protection action may be brought with respect to the offence or alleged offence dealt with by the order or settlement.

Marginal note:Costs

 In deciding whether to award costs in an environmental protection action, the court may consider any special circumstances, including whether the action is a test case or raises a novel point of law.

Action to Prevent or Compensate Loss

Marginal note:Injunction

 Any person who suffers, or is about to suffer, loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may seek an injunction from a court of competent jurisdiction ordering the person engaging in the conduct

  • (a) to refrain from doing anything that it appears to the court causes or will cause the loss or damage; or

  • (b) to do anything that it appears to the court prevents or will prevent the loss or damage.

Marginal note:Civil cause of action

 Any person who has suffered loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may, in any court of competent jurisdiction, bring an action to recover from the person who engaged in the conduct

  • (a) an amount equal to the loss or damage proved to have been suffered by the person; and

  • (b) an amount to compensate for the costs that the person incurs in connection with the matter and proceedings under this section.

Other Matters

Marginal note:Evidence of offence

  •  (1) In an action under this Part, the record of proceedings in any court in which a defendant was convicted of an offence under this Act is evidence that the defendant committed the offence.

  • Marginal note:Certificate evidence of conviction

    (2) In the action, evidence that a defendant was convicted of an offence under this Act may be given by a certificate stating with reasonable particularity the conviction and sentence of the defendant.

  • Marginal note:Signature of certificate

    (3) The certificate shall be signed by

    • (a) the person who made the conviction; or

    • (b) the clerk of the court in which the conviction was made.

    Once it is proved that the defendant is the offender mentioned in the certificate, it is evidence without proof of the signature or the official character of the person appearing to have signed it.

Marginal note:Civil remedies not affected

  •  (1) No civil remedy for any conduct is suspended or affected by reason only that the conduct is an offence under this Act.

  • Marginal note:Remedies not repealed, etc.

    (2) Nothing in this Act shall be interpreted so as to repeal, remove or reduce any remedy available to any person under any law in force in Canada.

  • Marginal note:Damages caused by a ship

    (3) No claim for damage caused by a ship may be made under this Act to the extent that a claim for that damage may be made under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

  • 1999, c. 33, s. 42
  • 2001, c. 6, s. 112

PART 3Information Gathering, Objectives, Guidelines and Codes of Practice

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Part.

fish

fish has the meaning assigned by section 2 of the Fisheries Act. (poissons)

hormone disrupting substance

hormone disrupting substance means a substance having the ability to disrupt the synthesis, secretion, transport, binding, action or elimination of natural hormones in an organism, or its progeny, that are responsible for the maintenance of homeostasis, reproduction, development or behaviour of the organism. (substance hormonoperturbante)

Environmental Data and Research

Marginal note:Monitoring, research and publication

  •  (1) The Minister shall

    • (a) establish, operate and maintain a system for monitoring environmental quality;

    • (b) conduct research and studies relating to pollution prevention, the nature, transportation, dispersion, effects, control and abatement of pollution and the effects of pollution on environmental quality, and provide advisory and technical services and information related to that research and those studies;

    • (c) conduct research and studies relating to

      • (i) environmental contamination arising from disturbances of ecosystems by human activity,

      • (ii) changes in the normal geochemical cycling of toxic substances that are naturally present in the environment, and

      • (iii) detection and damage to ecosystems;

    • (d) collect, process, correlate, interpret, create an inventory of and publish on a periodic basis data on environmental quality in Canada from monitoring systems, research, studies and any other sources;

    • (e) formulate plans for pollution prevention and the control and abatement of pollution, including plans 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, and establish, operate and publicize demonstration projects and make them available for demonstration; and

    • (f) publish, arrange for the publication of or distribute through an information clearing-house

      • (i) information respecting pollution prevention,

      • (ii) pertinent information in respect of all aspects of environmental quality, and

      • (iii) a periodic report on the state of the Canadian environment.

  • Marginal note:Cooperation and agreements

    (2) The Minister may

    • (a) in establishing a system referred to in paragraph (1)(a), cooperate with governments, foreign governments and aboriginal people and with any person who has established or proposes to establish any such system; and

    • (b) with the approval of the Governor in Council, enter into agreements for the operation or maintenance of a system referred to in paragraph (1)(a) by the Minister on behalf of any government, aboriginal people or any person or for the operation or maintenance of any such system by the government or any person on behalf of the Minister.

  • Marginal note:Cooperation with other bodies

    (3) The Minister may, in exercising the powers conferred by paragraphs (1)(b) to (e), act in cooperation with any government, foreign government, government department or agency, institution, aboriginal people or any person and may sponsor or assist in any of their research, studies, planning or activities in relation to environmental quality, pollution prevention, environmental emergencies or the control or abatement of pollution.

  • Marginal note:Hormone disrupting substances

    (4) The Ministers shall conduct research or studies relating to hormone disrupting substances, methods related to their detection, methods to determine their actual or likely short-term or long-term effect on the environment and human health, and preventive, control and abatement measures to deal with those substances to protect the environment and human health.

  • 1999, c. 33, s. 44
  • 2017, c. 26, s. 22(E)

Marginal note:Role of Minister of Health

 The Minister of Health shall

  • (a) conduct research and studies relating to the role of substances in illnesses or in health problems;

  • (b) collect, process, correlate and publish on a periodic basis data from any research or studies done under paragraph (a); and

  • (c) distribute available information to inform the public about the effects of substances on human health.

Information Gathering

Marginal note:Notice requiring information

  •  (1) The Minister may, for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person described in the notice to provide the Minister with any information that may be in the possession of that person or to which the person may reasonably be expected to have access, including information regarding the following:

    • (a) substances on the Priority Substances List;

    • (b) substances that have not been determined to be toxic under Part 5 because of the current extent of the environment’s exposure to them, but whose presence in the environment must be monitored if the Minister considers that to be appropriate;

    • (c) substances, including nutrients, that can be released into water or are present in products like water conditioners and cleaning products;

    • (d) substances released, or disposed of, at or into the sea;

    • (e) substances that are toxic under section 64 or that may become toxic;

    • (f) substances that may cause or contribute to international or interprovincial pollution of fresh water, salt water or the atmosphere;

    • (g) substances or fuels that may contribute significantly to air pollution;

    • (h) substances that, if released into Canadian waters, cause or may cause damage to fish or to their habitat;

    • (i) substances that, if released into areas of Canada where there are migratory birds, endangered species or other wildlife regulated under any other Act of Parliament, are harmful or capable of causing harm to those birds, species or wildlife;

    • (j) substances that are on the list established under regulations made under subsection 200(1);

    • (k) the release of substances into the environment at any stage of their life-cycle;

    • (l) pollution prevention; and

    • (m) use of federal land and of aboriginal land.

  • Marginal note:Other recipient

    (2) The Minister may, in accordance with an agreement signed with a government, require that a person to whom a notice is directed submit the information to the Minister or to that government.

  • Marginal note:Conditions respecting access to information

    (3) An agreement referred to in subsection (2) shall set out conditions respecting access by the Minister or other government to all or part of the information that the person is required to submit and may set out any other conditions respecting the information.

  • Marginal note:Period of notice and date for compliance

    (4) A notice referred to in subsection (1) must indicate the period during which it is in force, which may not exceed three years, and the date or dates within which the person to whom the notice is directed shall comply with the notice.

  • Marginal note:Compliance with notice

    (5) Every person to whom a notice is directed shall comply with the notice.

  • Marginal note:Extension of time

    (6) The Minister may, on request in writing from any person to whom a notice is directed, extend the date or dates within which the person shall comply with the notice.

  • Marginal note:Manner

    (7) The notice must indicate the manner in which the information is to be provided.

  • Marginal note:Preservation of information

    (8) The notice may indicate the period during which, and the location where, the person to whom the notice is directed shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based. The period may not exceed three years from the date the information is required to be submitted to the Minister.

 
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