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

Marginal note:Evidence

165 In a prosecution under this Act, evidence that any vehicle, engine or equipment bearing a national emissions mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national emissions mark was applied by the company.

DIVISION 6International Air Pollution

Marginal note:Determination of international air pollution

• 166 (1) Subject to subsection (4), the Minister shall act under subsections (2) and (3) only if the Ministers have reason to believe that a substance released from a source in Canada into the air creates, or may reasonably be anticipated to contribute to

  • (a) air pollution in a country other than Canada; or

  • (b) air pollution that violates, or is likely to violate, an international agreement binding on Canada in relation to the prevention, control or correction of pollution.

• Marginal note:Consultation with other governments

  (2) If the source referred to in subsection (1) is not a federal source, the Minister shall

  • (a) consult with the government responsible for the area in which the source is situated to determine whether that government can prevent, control or correct the air pollution under its laws; and

  • (b) if the government referred to in paragraph (a) can prevent, control or correct the air pollution, offer it an opportunity to do so.

• Marginal note:Ministerial action

  (3) If the source referred to in subsection (1) is a federal source or if the government referred to in paragraph (2)(a) cannot prevent, control or correct the air pollution under its laws or does not do so, the Minister shall take at least one of the following courses of action:

  • (a) on approval by the Governor in Council, publish a notice under subsection 56(1); or

  • (b) recommend regulations to the Governor in Council for the purpose of preventing, controlling or correcting the air pollution.

• Marginal note:Reciprocity with other country

  (4) If the air pollution referred to in paragraph (1)(a) is in a country where Canada does not have substantially the same rights with respect to the prevention, control or correction of air pollution as that country has under this Division, the Minister shall decide whether to act under subsections (2) and (3) or to take no action at all.

• Marginal note:Other factors

  (5) When recommending regulations under paragraph (3)(b), the Minister shall take into account comments made under subsection 168(2), notices of objection filed under subsection 332(2) and any report of a board of review submitted under subsection 340(1).

Marginal note:Regulations

167 The Governor in Council may, on the recommendation of the Minister, make regulations with respect to a substance released from a source in Canada into the air that creates, or may reasonably be anticipated to contribute to air pollution referred to in subsection 166(1) for the purpose of preventing, controlling or correcting the air pollution, including regulations respecting

• (a) the quantity or concentration of the substance that may be released into the air;

• (b) the manner in which and conditions under which the substance may be released into the air, either alone or in combination with any other substance;

• (c) the maintenance of books and records for the administration of any regulation made under this section;

• (d) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and

• (e) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.

Marginal note:Notice to other country

• 168 (1) The Minister shall advise the government of any country that would be affected by or benefit from the regulation before it is published under subsection 332(1).

• Marginal note:Comments

  (2) Within 60 days after the publication of a proposed regulation under subsection 332(1), any person, including a representative of the government of any country that would be affected by or benefit from it, may file with the Minister written comments on the proposed regulation.

• Marginal note:Notice to other governments

  (3) At the end of the period of 60 days referred to in subsection (2), the Minister

  • (a) shall advise each government referred to in paragraph 166(2)(a) of any notice of objection filed under subsection 332(2); and

  • (b) shall publish in the Canada Gazette, and may publish in any other manner that the Minister considers appropriate, a report or a notice of the availability of a report that summarizes how any written comments filed under subsection (2) or a notice of objection filed under subsection 332(2) were dealt with.

Marginal note:Report and remedial measures

• 169 (1) Where there occurs or there is a likelihood of a release into the air of a substance in contravention of a regulation made under section 167, any person described in subsection (2) shall, as soon as possible in the circumstances,

  • (a) subject to subsection (4) and the regulations, notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person;

  • (b) take all reasonable measures consistent with the protection of the environment and public safety to prevent the release or, if it cannot be prevented, to remedy any dangerous condition or reduce or mitigate any danger to the environment or to human life or health that results from the release of the substance or may reasonably be expected to result if the substance is released; and

  • (c) make a reasonable effort to notify any member of the public who may be adversely affected by the release or likely release.

• Marginal note:Application

  (2) Subsection (1) applies to any person who

  • (a) owns or has charge of a substance immediately before its release or its likely release into the air; or

  • (b) causes or contributes to the release or increases the likelihood of the release.

• Marginal note:Report by property owner

  (3) Where there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.

• Marginal note:Report to official

  (4) Where there are in force, by or under the laws of a province or an aboriginal government, provisions that the Governor in Council, by regulation, declares to be adequate for dealing with a release described in subsection (1), a report required by paragraph (1)(a) or subsection (3) shall be made to a person designated by those provisions.

• Marginal note:Intervention by enforcement officer

  (5) Where a person fails to take any measures required under subsection (1), an enforcement officer may take those measures, cause them to be taken or direct any person referred to in subsection (2) to take them.

• Marginal note:Limitation on power of direction

  (6) Any direction of an enforcement officer under subsection (5) that is inconsistent with a requirement imposed by or under any other Act of Parliament is void to the extent of the inconsistency.

• Marginal note:Access to property

  (7) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (5) may enter and have access to any place or property and may do any reasonable things that may be necessary in the circumstances.

• Marginal note:Immunity

  (8) Any person, other than a person described in subsection (2), who provides assistance or advice in taking the measures required by subsection (1) or who takes any measures authorized under subsection (5) 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 those subsections unless it is established that the person acted in bad faith.

Marginal note:Recovery of reasonable costs and expenses by Her Majesty

• 170 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 169(5) from

  • (a) any person referred to in paragraph 169(2)(a); and

  • (b) any person referred to in paragraph 169(2)(b) to the extent of the person’s negligence in causing or contributing to the release.

• Marginal note:Only if reasonably incurred

  (2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

• Marginal note:Liability

  (3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection.

• Marginal note:Limitation

  (4) A person referred to in paragraph 169(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person’s negligence in causing or contributing to the release.

• Marginal note:Procedure

  (5) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

• Marginal note:Recourse or indemnity

  (6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

• Marginal note:Limitation period

  (7) Where events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or become evident to the Minister, whichever is later.

• Marginal note:Minister’s certificate

  (8) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

Marginal note:Prohibition

171 No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 167.

Marginal note:Plans and specifications

• 172 (1) If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, air pollution, the person shall, at the request of the Minister for the purposes of this Division and within the time that the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity and with analyses, samples, evaluations, studies, mitigation methodologies or other information relating to the substance.

• Marginal note:Obtaining information from government

  (2) Before making a request to a person under subsection (1), the Minister shall try to obtain, within a reasonable time, the samples or information from the government responsible for the area in which the person is situated.

Marginal note:Interim order

• 173 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 167 if the Minister believes

  • (a) that the substance or source referred to in subsection 166(1) is not adequately regulated; and

  • (b) that immediate action is required to deal with a significant danger to the environment or to human life or health.

• Marginal note:Effective date of order

  (2) An interim order has effect from the time it is made.

• Marginal note:Approval of Governor in Council

  (3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.

• Marginal note:Consultation

  (4) The Governor in Council shall not approve an interim order unless the Minister has

  • (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and

  • (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

• Marginal note:Ministerial action

  (5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 166 in order to address the significant danger that gave rise to the interim order.

• Marginal note:Contravention of unpublished order

  (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order.

• Marginal note:Cessation of effect

  (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

  • (a) the day it is repealed,

  • (b) the day a regulation is made in accordance with subsection (5), and

  • (c) two years after the order is made.

• Marginal note:Repeal of interim order

  (8) No action is required to be taken under subsection (5) if the interim order is repealed.