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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 3Information Gathering, Objectives, Guidelines and Codes of Practice (continued)

Information Gathering (continued)

Marginal note:Guidelines

  •  (1) The Minister shall issue guidelines respecting the use of the powers provided for by subsection 46(1) and, in issuing those guidelines, the Minister shall take into account any factor that the Minister considers relevant, including

    • (a) the costs and benefits to the Minister and the person to whom the notice under subsection 46(1) is directed;

    • (b) the co-ordination of requests for information with other governments, to the extent practicable; and

    • (c) the manner in which the information collected under subsection 46(1) is to be used.

  • Marginal note:Consultation

    (2) In carrying out the duties under subsection (1), 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.

  • Marginal note:Minister may act

    (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) 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.

  • 1999, c. 33, s. 47
  • 2017, c. 26, s. 63(E)

Marginal note:National inventory

 The Minister shall establish a national inventory of releases of pollutants using the information collected under section 46 and any other information to which the Minister has access, and may use any information to which the Minister has access to establish any other inventory of information.

Marginal note:Publication in whole or in part

 The notice published under subsection 46(1) must indicate whether or not the Minister intends to publish the information and, if so, whether in whole or in part.

Marginal note:Publication of inventory

 Subject to subsection 53(4), the Minister shall publish the national inventory of releases of pollutants in any manner that the Minister considers appropriate and may publish or give notice of the availability of any other inventory of information established under section 48, in any manner that the Minister considers appropriate.

Marginal note:Request for confidentiality

 A person who provides information to the Minister under subsection 46(1) may, if the Minister’s intention to publish the information has been indicated under section 49, submit with the information a written request, setting out a reason referred to in section 52, that the information be treated as confidential.

Marginal note:Reasons

 Despite Part 11, a request under section 51 may only be based on any of the following reasons:

  • (a) the information constitutes a trade secret;

  • (b) the disclosure of the information would likely cause material financial loss to, or prejudice to the competitive position of, the person providing the information or on whose behalf it is provided; and

  • (c) the disclosure of the information would likely interfere with contractual or other negotiations being conducted by the person providing the information or on whose behalf it is provided.

Marginal note:Additional justification

  •  (1) The Minister may, after studying the reasons provided under section 52, require the person in question to provide, within 20 days and in writing, additional justification for the request for confidentiality.

  • Marginal note:Extension of time

    (2) The Minister may extend the period mentioned in subsection (1) by up to 10 days if the extension is necessary to permit adequate preparation of the additional justification.

  • Marginal note:Minister’s decision

    (3) In determining whether to accept or reject the request, the Minister shall consider whether the reasons are well-founded and, if they are, the Minister may nevertheless reject the request if

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

    • (b) the public interest in the disclosure 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:Acceptance of request

    (4) If the Minister accepts the request, the information shall not be published.

  • Marginal note:Publication

    (5) If the Minister rejects the request,

    • (a) the person has the right to ask the Federal Court to review the matter within 30 days after the person is notified that the request has been rejected or within any further time that the Court may, before the expiry of those 30 days, fix or allow; and

    • (b) the Minister shall advise the person in question of the Minister’s intention to publish the information and of the person’s right to ask the Federal Court to review the matter.

  • Marginal note:Applicable provisions

    (6) Where a person asks the Federal Court to review the matter under paragraph (5)(a), sections 45, 46 and 47 of the Access to Information Act apply, with any modifications that the circumstances require, in respect of a request for a review under that paragraph as if it were an application made under section 44 of that Act.

Objectives, Guidelines and Codes of Practice

Marginal note:Formulation by the Minister

  •  (1) For the purpose of carrying out the Minister’s mandate related to preserving the quality of the environment, the Minister shall issue

    • (a) environmental quality objectives specifying goals or purposes for pollution prevention or environmental control, including goals or purposes stated in quantitative or qualitative terms;

    • (b) environmental quality guidelines specifying recommendations in quantitative or qualitative terms to support and maintain particular uses of the environment;

    • (c) release guidelines recommending limits, including limits expressed as concentrations or quantities, for the release of substances into the environment from works, undertakings or activities; and

    • (d) codes of practice respecting pollution prevention or specifying procedures, practices or release limits for environmental control relating to works, undertakings and activities during any phase of their development and operation, including the location, design, construction, start-up, closure, dismantling and clean-up phases and any subsequent monitoring activities.

  • Marginal note:Scope of objectives, etc.

    (2) The objectives, guidelines and codes of practice referred to in subsection (1) shall relate to

    • (a) the environment;

    • (b) pollution prevention or the recycling, reusing, treating, storing or disposing of substances or reducing the release of substances into the environment;

    • (c) works, undertakings or activities that affect or may affect the environment; or

    • (d) the conservation of natural resources and sustainable development.

  • Marginal note:Consultation

    (3) In carrying out the duties under subsection (1), 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.

  • Marginal note:Minister may act

    (3.1) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (3), the Minister may act under subsection (1) 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

    (4) The Minister shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister considers appropriate.

Marginal note:Formulation by the Minister of Health

  •  (1) For the purpose of carrying out the mandate of the Minister of Health related to preserving and improving public health under this Act, the Minister of Health shall issue objectives, guidelines and codes of practice with respect to the elements of the environment that may affect the life and health of the people of Canada.

  • Marginal note:Consultation

    (2) In carrying out the duties under subsection (1), the Minister of Health may consult with a government, a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the preservation and improvement of public health.

  • Marginal note:Publication

    (3) The Minister of Health shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister of Health considers appropriate.

 
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