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

Marginal note:Regulations

• 200 (1) The Governor in Council may, on the recommendation of the Minister and after the Committee is given an opportunity to provide its advice to the Minister under section 6, make regulations

  • (a) establishing a list of substances that, if they enter the environment as a result of an environmental emergency,

    • (i) have or may have an immediate or long-term harmful effect on the environment or its biological diversity,

    • (ii) constitute or may constitute a danger to the environment on which human life depends, or

    • (iii) constitute or may constitute a danger in Canada to human life or health;

  • (b) prescribing, in respect of a substance on the list established under paragraph (a), a minimum quantity;

  • (c) respecting the identification of the places in Canada where a substance referred to in paragraph (a), in any quantity or in the quantity prescribed for that substance under paragraph (b), is located and requiring notification to the Minister of those places;

  • (d) respecting the prevention of, preparedness for, response to and recovery from an environmental emergency in respect of a substance;

  • (e) respecting the notification and reporting of an environmental emergency;

  • (f) respecting the notification and reporting of the measures taken

    • (i) to prevent the environmental emergency, or

    • (ii) to repair, reduce or mitigate any negative effects on the environment or human life or health that result from the environmental emergency or that may reasonably be expected to result from it;

  • (g) respecting the implementation of international agreements entered into by Canada in relation to environmental emergencies; and

  • (h) respecting any other matter necessary for the purposes of this Part.

• Marginal note:Environmental emergencies regulated under other Acts of Parliament

  (2) The Governor in Council shall not make a regulation under subsection (1) in respect of a matter if, by order, the Governor in Council states that it is of the opinion that

  • (a) the matter is regulated by or under any other Act of Parliament that contains provisions that are similar in effect to sections 194 to 205; and

  • (b) that Act or any regulation made under that Act provides sufficient protection to human health and the environment or its biological diversity.

Marginal note:Interim orders

• 200.1 (1) The Minister may make an interim order, in respect of a substance, that contains any provision that may be contained in a regulation made under this Part, if

  • (a) the substance

    • (i) is not on the list established under regulations made under this Part and the Ministers believe that, if it enters the environment as a result of an environmental emergency,

      • (A) it would have or may have an immediate or long-term harmful effect on the environment or its biological diversity,

      • (B) it would constitute or may constitute a danger to the environment on which human life depends, or

      • (C) it would constitute or may constitute a danger in Canada to human life or health, or

    • (ii) is on that list and the Ministers believe that it is not adequately regulated; and

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

• Marginal note:Effect of order

  (2) Subject to subsection (3), an interim order has effect

  • (a) from the time it is made; and

  • (b) as if it were a regulation made under this Part.

• Marginal note:Approval of Governor in Council

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

• 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:Recommendation of regulations

  (5) If the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Minister intends to recommend to the Governor in Council

  • (a) that a regulation having the same effect as the order be made under this Part; and

  • (b) if the order was made in respect of a substance that was not on the list established under regulations made under this Part, that the substance be added to that list.

• 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 or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

• 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 referred to in subsection (5) is made, and

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

• Marginal note:Tabling of order

  (8) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

• Marginal note:House not sitting

  (9) In order to comply with subsection (8), the interim order may be sent to the Clerk of the House if the House is not sitting.

Marginal note:Remedial measures

• 201 (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders, any person described in subsection (2) shall, as soon as possible in the circumstances,

  • (a) notify an enforcement officer or any other person designated by regulation or interim order and provide a written report on the environmental emergency to the enforcement officer or other person;

  • (b) take all reasonable emergency measures consistent with the protection of the environment and public safety

    • (i) to prevent the environmental emergency, or

    • (ii) to repair, reduce or mitigate any negative effects on the environment or human life or health that result from the environmental emergency or that may reasonably be expected to result from it; and

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

• Marginal note:Application

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

  • (a) owns or has the charge, management or control of a substance immediately before the environmental emergency; or

  • (b) causes or contributes to the environmental emergency.

• Marginal note:Report by other persons

  (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by regulation or interim order if their property is affected by the environmental emergency.

• Marginal note:Intervention by enforcement officer

  (4) Where any 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

  (5) Any direction of an enforcement officer under subsection (4) 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

  (6) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (4) may enter and have access to any place or property and may do anything reasonable that may be necessary in the circumstances.

• Marginal note:Personal liability

  (7) 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 (4) 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:Voluntary report

• 202 (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order.

• Marginal note:Request for confidentiality

  (2) The person making the report may request that their identity and any information that could reasonably reveal their identity not be released.

• Marginal note:Requirement of confidentiality

  (3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the disclosure in writing.

• Marginal note:Employee protection

  (4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

  • (a) the employee has made a report under subsection (1);

  • (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or

  • (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act.

Marginal note:Recovery of costs and expenses

• 203 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 201(4) from

  • (a) any person referred to in paragraph 201(2)(a); and

  • (b) any person referred to in paragraph 201(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency.

• Marginal note: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 201(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency.

• 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.