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The Act

Part 9: Government Operations and Federal and Aboriginal Land

Interpretation

Definition of "regulations"

206. In this Part, "regulations" means regulations made under this Part.

Application

Application to Government, etc.

207. (1) This Part applies to

  1. (a) departments, boards and agencies of the Government of Canada;
  2. (b) federal works and undertakings;
  3. (c) aboriginal land, federal land, persons on that land and other persons in so far as their activities involve that land; and
  4. (d) Crown corporations, as defined in subsection 83(1) of the Financial Administration Act.

Yukon

(1.1) This Part does not apply to public real property under the administration and control of the Commissioner of Yukon pursuant to the Yukon Act.

Limitation

(2) This Part does not restrict any of the following powers in so far as they may be exercised in relation to air and all layers of the atmosphere above federal land or aboriginal land:

  1. (a) powers under the Aeronautics Act or a provision of any other Act of Parliament relating to aeronautics or air transportation; or
  2. (b) powers under the National Defence Act or a provision of any other Act of Parliament relating to national defence and security.

1999, c. 33, s. 207; 2002, c. 7, s. 125.

Objectives, Guidelines and Codes of Practice

Minister shall establish

208. (1) The Minister shall establish objectives, guidelines and codes of practice for the purpose of carrying out the Minister's duties and functions under this Part related to the quality of the environment.

Consultation

(2) In establishing an objective, a guideline or a code of practice under subsection (1), the Minister

  1. (a) shall offer to consult with the government of a territory if the objective, guideline or code of practice applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and
  2. (b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

Minister may act

(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.

Regulations

Regulations for the protection of the environment

209. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the protection of the environment, including, but not limited to, regulations respecting

  1. (a) the establishment of environmental management systems;
  2. (b) pollution prevention and pollution prevention plans;
  3. (c) environmental emergencies, releases of substances and likely releases, including their prevention, preparedness for them, reporting them, both as soon as possible in the circumstances and in detail at a later stage, and the measures to be taken to respond to them and to correct damage to the environment;
  4. (d) the designation of persons for the purposes of paragraph 212(1)(a) and subsections 212(3) and 213(1) and prescribing the form of the report to be made under those provisions and the information to be contained in it;
  5. (e) the circumstances in which a report is not required under paragraph 212(1)(a);
  6. (f) any substance; and
  7. (g) any other matter necessary to carry out the purposes of this Part.

Content of the regulations

(2) Regulations with respect to any substance may provide for, or impose requirements respecting,

  1. (a) the quantity or concentration of any substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;
  2. (b) the places or areas where the substance may be released;
  3. (c) the commercial, manufacturing, processing or other activity in the course of which the substance may be released;
  4. (d) the manner in which and the conditions under which the substance may be released into the environment, either alone or in combination with any other substance;
  5. (e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;
  6. (f) the purposes for which the substance or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;
  7. (g) the manner in which and the conditions under which the substance or a product containing it may be imported, manufactured, processed or used;
  8. (h) the quantities or concentrations in which the substance may be used;
  9. (i) the quantities or concentrations of the substance that may be imported;
  10. (j) the countries from or to which the substance may be imported or exported;
  11. (k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;
  12. (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing the substance and the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;
  13. (m) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada;
  14. (n) the manner in which, the conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;
  15. (o) the manner in which and the conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;
  16. (p) the packaging and labelling of the substance or a product containing it;
  17. (q) the manner, conditions, places and method of disposal or recycling of the substance or a product containing it, including standards for the construction, maintenance and inspection of disposal or recycling sites;
  18. (r) the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance;
  19. (s) the maintenance of books and records for the administration of any regulation made under this section;
  20. (t) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;
  21. (u) the submission of samples of the substance to the Minister;
  22. (v) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;
  23. (w) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify
    1. (i) any requirement for sampling, analyses, tests, measurements or monitoring, or
    2. (ii) conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and
  24. (x) the decommissioning and decontamination of storage, handling, transportation, disposal and recycling sites for the substance.

Consultation

(3) Before recommending to the Governor in Council a regulation under this section, the Minister

  1. (a) shall offer to consult with the government of a territory if the regulation applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and
  2. (b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

Minister may act

(4) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (3)(a), the Minister may recommend a regulation to the Governor in Council under this section if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.

Non-application of regulations

210. Where the Governor in Council is of the opinion that provisions of any other Part of this Act or any other Act of Parliament, or regulations made under them,

  1. (a) are in force in respect of an aspect of the protection of the environment,
  2. (b) apply to a federal work or undertaking, federal land or aboriginal land, and
  3. (c) provide sufficient protection to the environment and human health,

the Governor in Council may make an order stating that opinion and, if such an order is made, regulations made under this Part relating to the same aspect do not apply to the federal work or undertaking, the federal land or the aboriginal land.

Information about Works and Activities

Minister may require information

211. (1) For the purpose of making regulations, the Minister may require information from any person who carries on, or proposes to carry on, a federal work or undertaking or an activity on federal land or aboriginal land.

Kind of information

(2) The required information shall be information that will enable the Minister to determine any environmental effects that the work, undertaking or activity may have, and it may include

  1. (a) plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity; and
  2. (b) analyses, samples, evaluations, studies or other information relating to the environment that is or is likely to be affected by the work, undertaking or activity.

Release of Substances

Report and remedial measures

212. (1) If a substance is released into the environment in contravention of a regulation, or if there is a likelihood of such a release, a person described in subsection (2) shall, as soon as possible in the circumstances,

  1. (a) subject to the regulations, notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person;
  2. (b) take all reasonable measures consistent with the protection of the environment and public safety to prevent or eliminate any dangerous condition or minimize any danger to the environment or to human life or health that results from the release or may reasonably be expected to result if the substance is released; and
  3. (c) make a reasonable effort to notify any members of the public who may be adversely affected by the release or likely release.

Application of subsection (1)

(2) Subsection (1) applies to any person who

  1. (a) owns or has the charge, management or control of the substance immediately before its release or its likely release into the environment; or
  2. (b) causes or contributes to the release or increases the likelihood of the release.

Report by other persons

(3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report a release of a substance to an enforcement officer or to a person designated by the regulations if their property is affected by the release and they know that the substance has been released in contravention of a regulation.

Intervention by enforcement officer

(4) Where measures required by subsection (1) are not taken, an enforcement officer may take them, have them taken or direct a person described in subsection (2) to take them.

Limitation on direction

(5) If the direction to the person described in subsection (2) is inconsistent with a requirement imposed by or under any other Act of Parliament, it is void to the extent of the inconsistency.

Access to property

(6) An enforcement officer or other person authorized or required to take measures under subsection (1) or (4) may, for the purpose of taking those measures, enter and have access to any place or property and may do anything reasonable that may be necessary in the circumstances.

Personal liability

(7) A person who provides assistance or advice in taking the measures required by subsection (1), or who takes any measures authorized under subsection (4), is not personally liable either civilly or criminally for any act or omission in the course of providing assistance or advice or taking any measures under those subsections, unless it is established that the person acted in bad faith.

Voluntary report

213. (1) If a person knows about a release or likely release of a substance into the environment in contravention of a regulation but the person is not required to report the matter under this Act, the person may report any information about the release or likely release to an enforcement officer or to a person designated by the regulations.

Request for confidentiality

(2) The person making the report may request that their identity and any information that could reasonably reveal their identity not be released.

Requirement of confidentiality

(3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the disclosure in writing.

Employee protection

(4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

  1. (a) the employee has made a report under subsection (1);
  2. (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or
  3. (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act.

Recovery of costs and expenses

214. (1) The costs and expenses related to taking any measures under subsection 212(4) may be recovered by Her Majesty in right of Canada from

  1. (a) any person referred to in paragraph 212(2)(a); and
  2. (b) any person referred to in paragraph 212(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the release.

Reasonably incurred

(2) The costs and expenses may only be recovered to the extent that they have been reasonably incurred in the circumstances.

Liability

(3) Persons from whom the costs and expenses may be recovered are jointly and severally liable or solidarily liable for them. However, a person mentioned in paragraph 212(2)(b) is not liable to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the release.

Recourse or indemnity

(4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

Court and costs

215. (1) A claim under section 214 may be recovered with costs in any court of competent jurisdiction.

Limitation period

(2) Where events giving rise to the claim occur, no proceedings in respect of the claim may be instituted more than five years after the date on which the events occur or the Minister becomes aware of them, whichever is later.

Minister's certificate

(3) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under section 214 came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.