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

Marginal note:Aboriginal rights

4 For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Her Majesty

Marginal note:Binding on Her Majesty

5 This Act is binding on Her Majesty in right of Canada or a province.

PART 1Administration

Implementation of Right to a Healthy Environment

Marginal note:Implementation framework

• 5.1 (1) For the purposes of paragraph 2(1)(a.2), the Ministers shall, within two years after the day on which this section comes into force, develop an implementation framework to set out how the right to a healthy environment will be considered in the administration of this Act.

• Marginal note:Right to a healthy environment

  (1.1) Without limiting the generality of subsection (1), the implementation framework shall set out

  • (a) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.

• Marginal note:Content

  (2) The implementation framework, in a manner consistent with the purposes of this Act, shall, among other things, elaborate on

  • (a) the principles to be considered in the administration of this Act, such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity, according to which it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;

  • (b) research, studies or monitoring activities to support the protection of the right to a healthy environment referred to in paragraph 2(1)(a.2);

  • (c) the relevant factors to be taken into account in interpreting and applying that right and in determining the reasonable limits to which it is subject, including social, health, scientific and economic factors; and

  • (d) mechanisms to support the protection of that right.

• Marginal note:Consultation

  (3) In developing the implementation framework, the Ministers shall consult any interested persons.

• Marginal note:Publication

  (4) The Minister shall publish the implementation framework in the manner that the Minister considers appropriate.

• Marginal note:Report

  (5) The Minister shall include in the annual report required by section 342 a report on the implementation of the framework.

Advisory Committees

Marginal note:National Advisory Committee

• 6 (1) For the purpose of enabling national action to be carried out and taking cooperative action in matters affecting the environment and for the purpose of avoiding duplication in regulatory activity among governments, the Minister shall establish a National Advisory Committee

  • (a) to advise the Ministers on regulations proposed to be made under subsection 93(1);

  • (b) to advise the Minister on a cooperative, coordinated intergovernmental approach for the management of toxic substances; and

  • (c) to advise the Minister on other environmental matters that are of mutual interest to the Government of Canada and other governments and to which this Act relates.

• Marginal note:Precautionary principle

  (1.1) In giving its advice and recommendations, the Committee shall use the precautionary principle.

• Marginal note:Composition of Committee

  (2) The Committee shall consist of the following members:

  • (a) one representative for each of the Ministers;

  • (b) one representative of the government of each of the provinces; and

  • (c) subject to subsection (3), not more than six representatives of aboriginal governments, to be selected on the following regional basis,

    • (i) one representative for all aboriginal governments, except Inuit, in Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick,

    • (ii) one representative for all aboriginal governments, except Inuit, in Quebec,

    • (iii) one representative for all aboriginal governments, except Inuit, in Ontario,

    • (iv) one representative for all aboriginal governments, except Inuit, in Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut,

    • (v) one representative for all aboriginal governments, except Inuit, in British Columbia and Yukon, and

    • (vi) one representative for all Inuit aboriginal governments.

• Marginal note:Provincial representatives

  (2.1) The representative of a provincial government shall be selected by that government.

• Marginal note:Aboriginal representatives

  (2.2) Subject to subsection (3), the representative of aboriginal governments shall be selected by the aboriginal governments he or she represents.

• Marginal note:Inuit aboriginal representatives

  (2.3) Subject to subsection (3), the representative of Inuit aboriginal governments shall be selected by those governments.

• Marginal note:Absence of aboriginal government

  (3) Where there is no Inuit aboriginal government or aboriginal government for a region referred to in any of subparagraphs (2)(c)(i) to (v), the representative of the Inuit or of aboriginal people for the region, as the case may be, may be selected in accordance with regulations made under subsection (4).

• Marginal note:Regulations

  (4) The Minister may make regulations respecting the manner of selecting a representative under subsection (3).

Marginal note:Ministerial advisory committees

• 7 (1) For the purpose of carrying out their duties under this Act, the Ministers or either Minister may

  • (a) establish advisory committees to report to the Ministers or either Minister; and

  • (b) specify the functions that the committees are to perform and the manner in which those functions are to be performed.

• Marginal note:Publication of report

  (2) The report of a committee established under subsection (1), including its recommendations and reasons, shall be made public.

Marginal note:Report of various committees

8 The Minister shall include in the annual report required by section 342 a report of the activities of the Committee and of any committees established under paragraph 7(1)(a).

Agreements Respecting Administration

Marginal note:Negotiation of agreement

• 9 (1) The Minister may negotiate an agreement with a government or with an aboriginal people with respect to the administration of this Act.

• Marginal note:Publication of negotiated agreements

  (2) The Minister shall publish any agreement negotiated under subsection (1) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

• Marginal note:Comments or objections

  (3) Within 60 days after the publication of an agreement or notice of its availability under subsection (2), any person may file with the Minister comments or a notice of objection.

• Marginal note:Publication by Minister of results

  (4) After the end of the period of 60 days referred to in subsection (3), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with.

• Marginal note:Entering into agreements

  (5) The Minister may, after publishing a report or notice under subsection (4),

  • (a) with the approval of the Governor in Council, enter into an agreement with a government or an aboriginal people with respect to the administration of this Act; and

  • (b) subject to any terms and conditions that the Governor in Council may specify in the approval, agree to amendments of the agreement.

• Marginal note:Publication of final agreements

  (6) The Minister shall publish any agreement under subsection (5), or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

• Marginal note:Termination

  (7) An agreement made under subsection (5) terminates five years after the date on which it comes into force or may be terminated earlier by either party giving the other at least three months notice.

• Marginal note:Annual report

  (8) The Minister shall include in the annual report required by section 342 a report on the administration of this Act under agreements made under subsection (5).

• Marginal note:Action not limited by Agreement

  (9) No agreement made under this section shall limit or restrict the carrying out of any action the Minister deems necessary for the administration and enforcement of this Act, including the conduct of inspections or investigations.

Agreements Respecting Equivalent Provisions

Marginal note:Non-application of regulations

• 10 (1) Except with respect to Her Majesty in right of Canada, the provisions of a regulation made under subsection 93(1), 200(1) or 209(1) or (2) do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

• Marginal note:Non-application of regulations

  (2) Except with respect to a federal source, the provisions of a regulation made under section 167 or 177 do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

• Marginal note:Declaration of equivalent provisions

  (3) Subject to subsections (4), (5) and (6), where the Minister and a government agree in writing that there are in force by or under the laws applicable to the jurisdiction of the government

  • (a) provisions that are equivalent to a regulation made under a provision referred to in subsection (1) or (2), and

  • (b) provisions that are similar to sections 17 to 20 for the investigation of alleged offences under environmental legislation of that jurisdiction,

  the Governor in Council may, on the recommendation of the Minister, make an order declaring that the provisions of the regulation do not apply in an area under the jurisdiction of the government.

• Marginal note:Publication of agreements

  (4) The Minister shall publish any agreement referred to in subsection (3) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

• Marginal note:Comments or objections

  (5) Within 60 days after the publication of an agreement or notice of its availability under subsection (4), any person may file with the Minister comments or a notice of objection.

• Marginal note:Publication by Minister of results

  (6) After the end of the period of 60 days referred to in subsection (5), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with.

• Marginal note:Publication of final agreements

  (7) The Minister shall publish any agreement referred to in subsection (3) after it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

• Marginal note:Termination

  (8) An agreement made under subsection (3) terminates five years after the date on which it comes into force or may be terminated earlier by either party giving the other at least three months notice.

• Marginal note:Revocation of order

  (9) The Governor in Council may, on the recommendation of the Minister, revoke an order made under subsection (3) if the agreement referred to in that subsection terminates or is terminated.

• Marginal note:Report to Parliament

  (10) The Minister shall include in the annual report required by section 342 a report on the administration of this section.