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

Act current to 2014-08-05 and last amended on 2014-03-28. Previous Versions

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, but not limited to,

    • (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.

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.