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

Marginal note:Powers of review officer

263. The review officer, after reviewing the order and after giving all persons who are subject to the order, and the Minister, reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for those persons and the Minister to make oral representations, may

• (a) confirm or cancel the order;

• (b) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; or

• (c) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to the order, not counting the days during which the order was suspended under subsection 258(3).

Marginal note:Variation or cancellation of review officer’s decision

264. At any time before a notice of appeal to the Federal Court is filed in relation to an order, the review officer may, on the review officer’s own motion, after giving reasonable notice orally or in writing and allowing a reasonable opportunity in the circumstances for the person subject to the order to make oral representations, modify the decision of the review officer in respect of the order and exercise any of the powers of the review officer under section 263 in respect of the order.

Marginal note:Limitations on exercise of review officer’s powers

265. A review officer shall not exercise any of the powers referred to in section 263 if doing so would result in

• (a) impairment or serious risk of impairment of the quality of the environment for any use that can be made of it;

• (b) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or

• (c) danger to the health or safety of any person.

Marginal note:Decision

266. The review officer or the panel, as the case may be, shall, within 15 days after the completion of the review of an order, render a decision, with written reasons, and provide all persons to whom the order was directed and the Minister with a copy of the decision and the reasons.

Marginal note:Rules

• 267. (1) The Chief Review Officer may make rules

  • (a) governing the practice and procedure in respect of the review of orders;

  • (b) generally, for the work of review officers; and

  • (c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before a review officer, including rules providing for hearings or parts of hearings to be held in public or private.

• Marginal note:Rules for other Acts

  (2) The Chief Review Officer may make rules under subsection (1) with respect to the review of orders made under any Act of Parliament that provides for the review of those orders in accordance with sections 257 to 271 of this Act.