Canadian Environmental Protection Act, 1999

Marginal note:Variation or cancellation of order

• 241 (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may, in accordance with section 236, after giving reasonable notice,

  • (a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order;

  • (b) cancel the order;

  • (c) correct a clerical error in the order; or

  • (d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to the order.

• Marginal note:Notice of intent

  (2) Except in exigent circumstances, the enforcement officer shall, wherever practicable, before exercising a power under paragraph (1)(a) or (d),

  • (a) provide an oral or a written notice of the intent of the enforcement officer to do so to every person who will be subject to the order; and

  • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

• Marginal note:Contents of notice of intent

  (3) A notice of intent to exercise a power under paragraph (1)(a) shall include

  • (a) a statement of the purpose of the notice;

  • (b) a reference to the statutory authority under which the power will be exercised; and

  • (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice.

• Marginal note:Limitations on exercise of enforcement officer’s powers

  (4) An enforcement officer shall not exercise any of the powers referred to in paragraph (1)(a), (b) or (d) if doing so would result in

  • (a) impairment or serious risk of impairment of the quality of the environment for any use that can be made of it;

  • (b) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or

  • (c) danger to the health or safety of any person.