An Act to amend certain Acts that relate to the environment and to enact provisions respecting the enforcement of certain Acts that relate to the environment (S.C. 2009, c. 14)
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Assented to 2009-06-18
R.S., c. W-9; 1994, c. 23, s. 2(F)CANADA WILDLIFE ACT
50. The Act is amended by adding the following after section 16:
Marginal note:Coming into force and duration of order
16.1 An order made under section 16 comes into force on the day on which it is made or on any other day that the court may determine and shall not continue in force for more than three years after that day unless the court provides otherwise in the order.
Marginal note:Publication
16.2 If a person fails to comply with an order made under paragraph 16(c), the Minister may, in the manner that the court directed the person to do so, publish the facts relating to the commission of the offence and the details of the punishment imposed and recover the costs of publication from the person.
Marginal note:Debt due to Her Majesty
16.3 If the court makes an order under paragraph 16(b.3) or (d) directing a person to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under section 16.2, the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction.
Marginal note:Enforcement
16.4 If the court makes an order under paragraph 16(d) directing a person to pay an amount to another person, other than to Her Majesty in right of Canada, and the amount is not paid without delay, that other person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the person who was directed to pay the amount in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings.
Marginal note:Cancellation or suspension of permits, etc.
16.5 If the court makes an order under paragraph 16(i), any permit or other authorization to which the order relates is cancelled unless the court makes an order suspending it for any period that the court considers appropriate.
Marginal note:1994, c. 23, s. 15
51. Section 18 of the Act is replaced by the following:
Marginal note:Limitation period
18. No proceedings by way of summary conviction in respect of an offence under this Act may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years.
Marginal note:Publication of information about contraventions
18.1 (1) For the purpose of encouraging compliance with this Act and the regulations, the Minister shall maintain, in a registry accessible to the public, information about all convictions of corporations for offences under this Act.
Marginal note:Retention
(2) Information in the registry is to be maintained for a minimum of five years.
Marginal note:Minister may refuse or suspend permit, etc.
18.2 The Minister may refuse to issue a permit or other authorization under this Act, or may amend, suspend or cancel such a permit or other authorization, if the applicant or the holder has been convicted of an offence under this Act.
Marginal note:Contraventions Act
18.3 If an offence under this Act is designated as a contravention under the Contraventions Act, subsection 8(5) of that Act does not apply in respect of the fine that may be established for that contravention.
Marginal note:Review
18.4 (1) The Minister shall, 10 years after the day on which this section comes into force and every 10 years after that, undertake a review of sections 13 to 18.3.
Marginal note:Report to Parliament
(2) The Minister shall, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.
1999, c. 33CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
52. Subsection 159(3) of the Canadian Environmental Protection Act, 1999 is replaced by the following:
Marginal note:Detention of vehicles or engines
(3) The Minister may not detain any vehicle, engine, equipment or component for more than 90 days after completion of the tests conducted under subsection (2) unless, before that time, proceedings have been instituted in respect of an offence related to the vehicle, engine, equipment or component, in which case it may be detained until the proceedings are concluded.
53. The Act is amended by adding the following after section 217:
Marginal note:Immunity
217.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith while carrying out duties or exercising powers under this Act, including any failure to exercise a discretionary authority.
54. (1) Subsection 218(7) of the Act is replaced by the following:
Marginal note:Stopping and detaining conveyances
(7) For the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped — or be moved by the route and in the manner that the officer may specify, to a place specified by the officer where an inspection can be carried out — and the officer may, for a reasonable time, detain any conveyance, platform or other structure.
Marginal note:Moving and detaining shipping containers
(7.1) For the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, direct that any shipping container be moved to a place specified by the officer and the officer may, for a reasonable time, detain the container.
(2) Subsection 218(11) of the Act is replaced by the following:
Marginal note:Disposition of samples
(11) An enforcement officer may dispose a sample taken under paragraph (10)(d) in any manner that the enforcement officer considers appropriate.
55. Subsection 220(2) of the Act is replaced by the following:
Marginal note:Warrant for seizure of ships, etc.
(2) If on ex parte application a justice is satisfied by information on oath that there are reasonable grounds to believe that an offence under this Act has been committed by an owner of any ship, aircraft, platform or other structure, the justice may issue a warrant authorizing an enforcement officer, or authorizing any other person named in the warrant, to seize the ship, aircraft, platform or structure anywhere in Canada and, in the case of a ship, platform or structure, within Canadian waters.
56. Subsection 222(2) of the Act is replaced by the following:
Marginal note:Seized ship, etc., to be returned unless proceedings instituted
(2) Anything referred to in subsection (1) that has been seized under section 220, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the seizure unless, before the expiry of those 30 days, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing.
57. Subsection 225(1) of the Act is replaced by the following:
Marginal note:Detention of ships
225. (1) If an enforcement officer has reasonable grounds to believe that the owner or master of a ship has committed an offence under this Act and that a ship was used in connection with the commission of the offence, the enforcement officer may make a detention order in respect of the ship.
58. Section 226 of the Act is replaced by the following:
Marginal note:Right of passage
226. While carrying out powers, duties or functions under this Act, enforcement officers and analysts, and any persons accompanying them, may enter on and pass through or over private property without being liable for doing so and without any person having the right to object to that use of the property.
59. The Act is amended by adding the following after section 228:
Liability for Costs
Marginal note:Liability for costs
228.1 If a thing is seized under this Act, the person who owned the thing at the time it was seized, the person who had charge or control of the thing immediately before it was seized and the person who possessed it immediately before it was seized are jointly and severally, or solidarily, liable for all the costs of seizure, detention, maintenance and forfeiture, including any destruction or disposal costs, incurred by Her Majesty in right of Canada in relation to the thing in excess of any proceeds of its disposition, if any.
60. Section 231 of the Act is replaced by the following:
Marginal note:Court may order forfeiture
231. If the owner of any ship, aircraft, platform or other structure has been convicted of an offence under this Act, the convicting court may, if the ship, aircraft, platform or structure was seized under section 220 or subsection 223(1), in addition to any other penalty imposed, order that the ship, aircraft, platform or structure, or any security given under subsection 222(1), be forfeited, and on the making of such an order the ship, aircraft, platform, structure or security is forfeited to Her Majesty in right of Canada.
61. (1) Subsection 235(1) of the Act is replaced by the following:
Marginal note:Order
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) Subsection 235(3) of the Act is amended by striking out “or” at the end of paragraph (a), by adding “or’’ at the end of paragraph (b) and by adding the following after paragraph (b):
(c) any person who is likely to cause or contribute to the alleged contravention.
(3) The portion of subsection 235(4) of the English version of the Act before paragraph (a) is replaced by the following:
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:
(4) Paragraphs 235(4)(c) and (d) of the French version of the Act are replaced by the following:
c) cesser l’exercice d’une activité ou l’exploitation d’une partie notamment d’un ouvrage ou d’une entreprise jusqu’à ce que l’agent de l’autorité soit convaincu qu’ils sont conformes à la présente loi et aux règlements;
d) déplacer un moyen de transport vers un autre lieu, y compris faire entrer un navire au port ou faire atterrir un aéronef;
(5) The portion of paragraph 235(4)(f) of the Act before subparagraph (i) is replaced by the following:
(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
(6) Paragraph 235(6)(b) of the Act is replaced by the following:
(b) the provision of this Act or the regulations that is alleged to have been or that is likely to be contravened;
(7) Paragraphs 235(6)(d) and (e) of the Act are replaced by the following:
(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;
(8) Subsection 235(7) of the Act is replaced by the following:
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.
62. Subsection 236(1) of the English version of the Act is replaced by the following:
Marginal note:Exigent circumstances
236. (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 235.
63. Paragraph 237(1)(b) of the English version of the Act is replaced by the following:
(b) allow a reasonable opportunity in the circumstances for every such person to make oral representations.
64. Subsection 238(2) of the Act is replaced by the following:
Marginal note:No bar to proceedings
(2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.
65. (1) Subsection 239(1) of the Act is replaced by the following:
Marginal note:Intervention by enforcement officer
239. (1) If any person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or cause them to be taken.
(2) Subsection 239(3) of the Act is replaced by the following:
Marginal note:Personal liability
(3) Any person, other than a person described in subsection 235(3), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.
66. (1) Subsection 240(3) of the English version of the Act is replaced by the following:
Marginal note:Liability
(3) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.
(2) Subsections 240(5) and (6) of the French version of the Act are replaced by the following:
Marginal note:Poursuites
(5) Sa Majesté du chef du Canada peut recouvrer les créances, ainsi que les dépens afférents, par action en recouvrement devant tout tribunal compétent.
Marginal note:Recours contre des tiers et indemnité
(6) Le présent article ne limite pas les recours contre les tiers ni le droit à une indemnité.
67. (1) The portion of subsection 241(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Variation or cancellation of order
241. (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may, after giving reasonable notice,
(2) The portion of subsection 241(3) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Teneur de l’avis d’intention
(3) L’avis d’intention quant à l’exercice des pouvoirs prévus à l’alinéa (1)a) doit préciser les trois éléments suivants :
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