Environmental Protection Compliance Orders
Definition of “order”
234. For the purposes of sections 235 to 271, “order” means an environmental protection compliance order issued under section 235.
235. (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened in the circumstances described in subsection (2) by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened in the circumstances described in that subsection, the enforcement officer may issue an environmental protection compliance order directing any person described in subsection (3) to take any of the measures referred to in subsection (4) and, if applicable, subsection (5) that are reasonable in the circumstances and consistent with the protection of the environment and public safety, in order to cease or refrain from committing the alleged contravention.
(2) For the purposes of subsection (1), the circumstances in which the alleged contravention has been or will be committed are as follows, namely,
(a) the exportation, importation, manufacture, transportation, processing or distribution of a substance or product containing a substance;
(b) the possession, storage, use, sale, offering for sale, advertisement or disposal of a substance or product containing a substance;
(c) the use of a substance or product containing a substance in a commercial manufacturing or processing activity; or
(d) an act or omission in relation to or in the absence of a notice, permit, approval, licence, certificate, allowance or other authorization or a term or condition thereof.
(3) Subsection (1) applies to any person who
(a) owns or has the charge, management or control of the substance or any product containing the substance to which the alleged contravention relates or the property on which the substance or product is located;
(b) causes or contributes to the alleged contravention; or
(c) any person who is likely to cause or contribute to the alleged contravention.
Marginal note:Specific measures
(4) For the purposes of subsection (1), an order in relation to an alleged contravention of any provision of this Act or the regulations may specify that the person to whom the order is directed take one or more of the following measures:
(a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;
(b) stop or shut down any activity, work, undertaking or thing for a specified period;
(c) cease the operation of any activity or any part of a work, undertaking or thing until the enforcement officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;
(d) move any conveyance to another location including, in the case of a ship, move the ship into port or, in the case of an aircraft, land the aircraft;
(e) unload or re-load the contents of any conveyance; and
(f) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the environment damaged by the alleged contravention or to protect the components of the environment put at risk by the alleged contravention — including
(i) maintaining records on any relevant matter,
(ii) reporting periodically to the enforcement officer, and
(iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer setting out any action to be taken by the person with respect to the subject-matter of the order.
Marginal note:Additional measures for certain alleged offences
(5) For the purposes of subsection (1), an order in relation to an alleged contravention of section 124 or 125 or any regulations made under section 135 may specify that the person to whom the order is directed, whether that person is not a permit holder or is contravening a condition of a permit, take any of the following measures, in addition to any of the measures referred to in subsection (4):
(a) cease dumping or cease loading a substance; or
(b) refrain from disposing of any ship, aircraft, platform or structure.
Marginal note:Contents of order
(6) Subject to section 236, an order must be made in writing and must set out
(a) the names of the persons to whom the order is directed;
(b) the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;
(c) the relevant facts surrounding the alleged contravention;
(d) the measures to be taken;
(e) the time or the day when each measure is to begin or the period during which it is to be carried out;
(f) subject to subsection (7), the duration of the order;
(g) a statement that a request for a review may be made to the Chief Review Officer; and
(h) the period within which a request for a review may be made.
Marginal note:Duration of order
(7) An order may not be in force for a period of more than 180 days.
Marginal note:Failing to file report
(8) For the purposes of subsection (1), a person who commits an offence by failing to file a report required by this Act or the regulations is deemed to be continuing the commission of the offence each day that the report is not filed.
Marginal note:Statutory Instruments Act
(9) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.
- 1999, c. 33, s. 235;
- 2009, c. 14, s. 61.
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