Marginal note:Restriction on orders to negotiate plans
35. A court may not order the negotiation of a plan to correct or mitigate the harm to the environment or human, animal or plant life or health if it determines that
(a) the harm has already been corrected or mitigated; or
(b) adequate measures to correct or mitigate the harm have already been ordered under this Act or any other law in force in Canada.
Marginal note:Settlement or discontinuance
36. An environmental protection action may be settled or discontinued only with the approval of the court and on terms that it considers appropriate.
Marginal note:Settlements and orders
37. If an environmental protection action results in an order of a court or a settlement approved by a court,
(a) the resolution of any question of fact by the order or settlement is binding on a court in any other environmental protection action in which that question arises; and
(b) no other environmental protection action may be brought with respect to the offence or alleged offence dealt with by the order or settlement.
38. In deciding whether to award costs in an environmental protection action, the court may consider any special circumstances, including whether the action is a test case or raises a novel point of law.
Action to Prevent or Compensate Loss
39. Any person who suffers, or is about to suffer, loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may seek an injunction from a court of competent jurisdiction ordering the person engaging in the conduct
(a) to refrain from doing anything that it appears to the court causes or will cause the loss or damage; or
(b) to do anything that it appears to the court prevents or will prevent the loss or damage.
Marginal note:Civil cause of action
40. Any person who has suffered loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may, in any court of competent jurisdiction, bring an action to recover from the person who engaged in the conduct
(a) an amount equal to the loss or damage proved to have been suffered by the person; and
(b) an amount to compensate for the costs that the person incurs in connection with the matter and proceedings under this section.
Marginal note:Evidence of offence
41. (1) In an action under this Part, the record of proceedings in any court in which a defendant was convicted of an offence under this Act is evidence that the defendant committed the offence.
Marginal note:Certificate evidence of conviction
(2) In the action, evidence that a defendant was convicted of an offence under this Act may be given by a certificate stating with reasonable particularity the conviction and sentence of the defendant.
Marginal note:Signature of certificate
(3) The certificate shall be signed by
(a) the person who made the conviction; or
(b) the clerk of the court in which the conviction was made.
Once it is proved that the defendant is the offender mentioned in the certificate, it is evidence without proof of the signature or the official character of the person appearing to have signed it.
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