Marginal note:Forms

192. The Minister may establish forms for the purposes of this Division.

Marginal note:Definitions

193. The definitions in this section apply in this Part.

“environmental emergency”

« urgence environnementale »

“environmental emergency” means

• (a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or

• (b) the reasonable likelihood of such a release into the environment.

“substance”

« substance »

“substance” means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part.

Marginal note:Application

194. For the purposes of this Part, any power, duty or function conferred or imposed under this Part may only be exercised or performed in relation to those aspects of an environmental emergency that

• (a) have or may have an immediate or long-term harmful effect on the environment;

• (b) constitute or may constitute a danger to the environment on which human life depends; or

• (c) constitute or may constitute a danger in Canada to human life or health.

Marginal note:Research

195. Despite subsection 36(3) of the Fisheries Act, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d) and 209(2)(a), (b), (c) and (d), the Minister may

• (a) examine and conduct research, including tests, respecting the causes, circumstances and effects of and remedial measures for an environmental emergency; and

• (b) conduct and publicize demonstration projects.

Marginal note:Guidelines and codes of practice

196. The Minister may issue guidelines and codes of practice respecting the prevention of, preparedness for and response to an environmental emergency and for restoring any part of the environment damaged by or during an emergency.

Marginal note:Consultation

• 197. (1) In carrying out the responsibilities conferred by section 196, 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 or environmental emergencies.

• Marginal note:Minister may act

  (2) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (1), the Minister may act under section 196 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.