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

Marginal note:Government services and facilities

252 In performing their functions a review officer shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

Marginal note:Immunity

253 No criminal or civil proceedings lie against a review officer for anything done or omitted to be done in good faith in performing any functions of a review officer under this Act.

Marginal note:Crown not relieved

254 Section 253 does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.

Marginal note:Liability

255 Review officers are servants of Her Majesty in right of Canada for the purposes of the law of tort or of extracontractual civil liability.

Reviews

Marginal note:Request for review

• 256 (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after receipt by the person of a copy of the written order or after the oral order is given, make a request to the Chief Review Officer for a review of the order.

• Marginal note:Extension of period for request

  (2) The Chief Review Officer may extend the period within which a request for a review may be made where, in the Chief Review Officer’s opinion, it is in the public interest to do so.

Marginal note:Review

257 On receipt of a request made under subsection 256(1), the Chief Review Officer shall conduct a review of the order, including a hearing, or cause a review and hearing of the order to be conducted by a review officer, or by a panel of three review officers, assigned by the Chief Review Officer. The Chief Review Officer may be a member of that panel.

Marginal note:No automatic stay on appeal

• 258 (1) Subject to subsection (2), the request for a review by a review officer does not suspend the operation of an order.

• Marginal note:Suspension on application

  (2) A review officer may, on application made by a person subject to the order before the beginning of the hearing, suspend the operation of the order if the review officer considers it appropriate in the circumstances and, in that case, impose on all the persons subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment and public safety.

• Marginal note:Suspension of 180 day period

  (3) Where the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.

Marginal note:Right to appear

259 All parties to the review, including the Minister, may appear in person or may be represented by counsel or by an agent.

Marginal note:Powers

• 260 (1) A review officer may summon any person to appear as a witness before the review officer and may order the witness to

  • (a) give evidence orally or in writing; and

  • (b) produce any documents and things that the review officer considers necessary or desirable for the purpose of performing any of the review officer’s functions.

• Marginal note:Fees for witnesses

  (2) A witness who is served with a summons under subsection (1) is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled.

Marginal note:Enforcement of summonses and orders

261 Any summons to a witness issued or order made under subsection 260(1) by a review officer may be made a summons to a witness or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons to a witness or an order of that court.

Marginal note:Procedure

262 To make a summons issued or an order made under subsection 260(1) by a review officer a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed, or a certified copy of the summons or order may be filed with the registrar of the court and the summons or order thereupon becomes a summons or an order of the court.

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.

Marginal note:Orders and notices

268 Every order or varied order under section 263 or 264 or a copy of one and every notice under those sections shall be provided to the Minister and every person to whom the original order is directed and, where applicable, all other persons to whom the amended order is directed, in accordance with Part 11.

Federal Court

Marginal note:Appeal to Federal Court

269 The Minister or any person to whom an order, as confirmed or varied by a review officer under section 263, is directed may, by filing a written notice of appeal within 30 days after the written reasons are provided by the review officer under section 266, appeal to the Federal Court — Trial Division from the decision of the review officer.

Marginal note:Standing on appeal to Federal Court

270 The Minister or the person to whom the order is directed, as the case may be, has the right, on an appeal to the Federal Court made under section 269, to be heard on all questions of fact and law.

Marginal note:Order not suspended

271 The filing of a notice of appeal under section 269 does not suspend the operation of an order, as confirmed or varied by a review officer.

Acts Committed Outside Canada

Marginal note:Offences under this Act deemed committed in Canada

• 271.1 (1) An act or omission that is an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is deemed to have been committed in Canada if it is committed

  • (a) in an area of the sea referred to in paragraph 122(2)(c); or

  • (b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e).

• Marginal note:Offences under the Criminal Code deemed committed in Canada

  (2) An act or omission that is committed in the course of enforcement of this Act and that would be an offence under the Criminal Code if it were committed in Canada, is deemed to have been committed in Canada if it is committed

  • (a) in an area of the sea referred to in paragraph 122(2)(c); or

  • (b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e).

Offences and Punishment

Marginal note:Offence — persons

• 272 (1) Every person commits an offence who

  • (a) contravenes subsection 16(3) or (4), any of subsections 81(1), (3), (4), (10), (11) and (14), 84(2) and 96(3) and (4), section 101, any of subsections 106(1), (3), (4), (10) and (11) and 109(2), section 117 or 123, any of subsections 124(1), (2) and (3), 125(1), (2), (3), (4) and (5), 126(1) and (2) and 139(1), section 142 or 144, subsection 150(3) or (4), section 152, subsection 153(1), section 154, subsection 155(5), section 171 or 181, subsection 185(1), 186(2), 189(1), 202(3) or (4) or 213(3) or (4), paragraph 228(a) or subsection 238(1);

  • (b) fails to comply with an obligation set out in section 70, 86, 87.1, 95, 111 or 112.1 or subsection 169(1), 172(1), 179(1), 182(1), 201(1) or 212(1);

  • (c) contravenes a prohibition imposed under subsection 82(1), paragraph 84(1)(b), subsection 107(1), paragraph 109(1)(b) or subsection 186(1) or 225(4);

  • (d) contravenes a condition of a permission granted under paragraph 84(1)(a) or 109(1)(a) or under regulations made under section 93 or 209;

  • (e) contravenes an interim order made under subsection 94(1), 173(1), 183(1) or 200.1(1);

  • (f) fails to comply with a direction given under section 99, 119 or 148;

  • (g) knowingly contravenes paragraph 228(b);

  • (h) contravenes any provision of the regulations designated by regulations made under section 286.1 for the purpose of this paragraph;

  • (i) contravenes an agreement as defined in section 295;

  • (j) contravenes an order, direction or decision of a court made under this Act;

  • (k) knowingly, with respect to any matter related to this Act or the regulations, provides any person with any false or misleading information, results or samples; or

  • (l) knowingly, with respect to any matter related to this Act or the regulations, files a document that contains false or misleading information.

• Marginal note:Penalty — individuals

  (2) Every individual who commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and

    • (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than three years, or to both; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and

    • (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both.

• Marginal note:Penalty — other persons

  (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000.

• Marginal note:Penalty — small revenue corporations

  (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 272.3 to be a small revenue corporation is liable,

  • (a) on conviction on indictment,

    • (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or

  • (b) on summary conviction,

    • (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and

    • (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000.