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

Act current to 2014-10-27 and last amended on 2014-09-24. Previous Versions

Investigation of Offences

Marginal note:Application for investigation by Minister
  •  (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Act that the individual alleges has occurred.

  • Marginal note:Statement to accompany application

    (2) The application shall include a solemn affirmation or declaration

    • (a) stating the name and address of the applicant;

    • (b) stating that the applicant is at least 18 years old and a resident of Canada;

    • (c) stating the nature of the alleged offence and the name of each person alleged to have contravened, or to have done something in contravention of, this Act or the regulations; and

    • (d) containing a concise statement of the evidence supporting the allegations of the applicant.

  • Marginal note:Form

    (3) The Minister may prescribe the form in which an application under this section is required to be made.

Marginal note:Investigation by Minister

 The Minister shall acknowledge receipt of the application within 20 days of the receipt and shall investigate all matters that the Minister considers necessary to determine the facts relating to the alleged offence.

Marginal note:Progress reports

 After acknowledging receipt of the application, the Minister shall report to the applicant every 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take, and the Minister shall include in the report an estimate of the time required to complete the investigation or to implement the action, but a report is not required if the investigation is discontinued before the end of the 90 days.

Marginal note:Minister may send evidence to Attorney General of Canada

 At any stage of an investigation, the Minister may send any documents or other evidence to the Attorney General of Canada for consideration of whether an offence has been or is about to be committed under this Act and for any action that the Attorney General may wish to take.

Marginal note:Discontinuation of investigation
  •  (1) The Minister may discontinue the investigation if the Minister is of the opinion that

    • (a) the alleged offence does not require further investigation; or

    • (b) the investigation does not substantiate the alleged offence.

  • Marginal note:Report

    (2) If the investigation is discontinued, the Minister shall

    • (a) prepare a report in writing describing the information obtained during the investigation and stating the reasons for its discontinuation; and

    • (b) send a copy of the report to the applicant and to any person whose conduct was investigated.

    A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them.