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

Act current to 2021-06-28 and last amended on 2015-02-26. Previous Versions

Prepublication Requirements

Marginal note:Publication of proposed orders and regulations

  •  (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1.

  • Marginal note:Notice of objection

    (2) Within 60 days after the publication of a proposed order or regulation in the Canada Gazette under subsection (1) or a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette, any person may file with the Minister comments with respect to the order, regulation or instrument or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection.

  • Marginal note:Single publication required

    (3) No order, regulation or instrument need be published more than once under subsection (1), whether or not it is altered after publication.

  • 1999, c. 33, s. 332
  • 2004, c. 15, s. 31

Board of Review Proceedings

Marginal note:Establishment of board of review

  •  (1) Where a person files a notice of objection under subsection 77(8) or 332(2) in respect of

    • (a) a decision or a proposed order, regulation or instrument made by the Governor in Council, or

    • (b) a decision or a proposed order or instrument made by either or both Ministers,

    the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision is made or the order, regulation or instrument is proposed.

  • Marginal note:Establishment of board of review

    (2) Where a person files a notice of objection under subsection 9(3) or 10(5) in respect of an agreement or a term or condition of the agreement, the Minister may establish a board of review to inquire into the matter.

  • Marginal note:Mandatory review for international air and water

    (3) Where a person or government files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under section 167 or 177 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the nature and extent of the danger posed by the release into the air or water of the substance in respect of which the regulations are proposed.

  • Marginal note:Mandatory reviews for certain regulations

    (4) Where a person files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under Part 9 or section 118 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the matter raised by the notice.

  • Marginal note:Review for permits

    (5) Where a person files with the Minister a notice of objection under section 134 within the time specified in that section, the Minister may establish a board of review to inquire into the matter raised by the notice.

  • Marginal note:Mandatory review for toxics

    (6) Where a person files with the Minister a notice of objection under section 78 in respect of the failure to make a determination about whether a substance is toxic, the Minister shall establish a board of review to inquire into whether the substance is toxic or capable of becoming toxic.

Marginal note:Number of members of board

  •  (1) A board of review shall consist of not fewer than three members.

  • Marginal note:Knowledge requirement

    (2) A person is not eligible to be appointed as a member of a board of review unless the person is knowledgeable about the Canadian environment, environmental and human health or traditional aboriginal ecological knowledge.

Marginal note:Appearance before board

 A board of review shall give any person or government a reasonable opportunity, consistent with the rules of procedural fairness and natural justice, of appearing before it, presenting evidence and making representations.

Marginal note:Withdrawal of notice of objection

 Where a notice of objection referred to in section 333 is withdrawn by the person who filed it and no other notice of objection is filed in respect of the same matter, the Minister or Ministers may dissolve a board of review established in respect of the notice of objection.

Marginal note:Powers of board

 For the purposes of an inquiry under this Act, a board of review has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

Marginal note:Costs

  •  (1) A board of review may award costs of, and incidental to, any proceedings before it on a final or interim basis and those costs may be fixed at a sum certain or may be taxed.

  • Marginal note:Payment

    (2) A board of review may, in accordance with the rules, direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

Marginal note:Absent member of board

 Where a member of a board of review is absent or unable to proceed with or complete an inquiry, the remaining members of the board may, if there is still a quorum, proceed with or complete the inquiry.

Marginal note:Report

  •  (1) As soon as possible after the conclusion of an inquiry, a board of review shall submit a report to the Minister or the Ministers who established the board, together with its recommendations and the evidence that was presented to it.

  • Marginal note:Publication of report

    (2) The report of the board of review shall be made public immediately after its receipt by the Minister or Ministers, subject to section 314 or the conditions of any other Act of Parliament.

 
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