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

Marginal note:Interim order

• 173. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 167 if the Minister believes

  • (a) that the substance or source referred to in subsection 166(1) is not adequately regulated; and

  • (b) that immediate action is required to deal with a significant danger to the environment or to human life or health.

• Marginal note:Effective date of order

  (2) An interim order has effect from the time it is made.

• Marginal note:Approval of Governor in Council

  (3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.

• Marginal note:Consultation

  (4) The Governor in Council shall not approve an interim order unless the Minister has

  • (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and

  • (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

• Marginal note:Ministerial action

  (5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 166 in order to address the significant danger that gave rise to the interim order.

• Marginal note:Contravention of unpublished order

  (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order.

• Marginal note:Cessation of effect

  (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

  • (a) the day it is repealed,

  • (b) the day a regulation is made in accordance with subsection (5), and

  • (c) two years after the order is made.

• Marginal note:Repeal of interim order

  (8) No action is required to be taken under subsection (5) if the interim order is repealed.

Marginal note:Report to Parliament

174. The Minister shall include in the annual report required by section 342 a report on the administration of this Division.

Definition of “water pollution”

175. In this Division, “water pollution” means a condition of water, arising wholly or partly from the presence in water of any substance, that directly or indirectly

• (a) endangers the health, safety or welfare of humans;

• (b) interferes with the normal enjoyment of life or property;

• (c) endangers the health of animal life;

• (d) causes damage to plant life or to property; or

• (e) degrades or alters, or forms part of a process of degrading or alterating, an ecosystem to an extent that is detrimental to its use by humans, animals or plants.