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Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)

Act current to 2022-05-16 and last amended on 2022-01-01. Previous Versions

PART 2Industrial Greenhouse Gas Emissions (continued)

DIVISION 3Administration and Enforcement (continued)

Assistance to Enforcement Officers and Analysts (continued)

Marginal note:Obstruction

 A person must not obstruct or hinder an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part.

Disposition of Things Seized

Marginal note:Custody of things seized

  •  (1) Subject to subsections (2) and (3), if an enforcement officer seizes a thing under section 489 of the Criminal Code,

    • (a) sections 489.1 and 490 of the Criminal Code apply; and

    • (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code.

  • Marginal note:Forfeiture if ownership not ascertainable

    (2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada.

  • Marginal note:Abandonment

    (3) The owner of the seized thing may abandon it to Her Majesty in right of Canada.

Marginal note:Disposition by Minister

 Any thing that has been forfeited or abandoned under this Part is to be dealt with and disposed of as the Minister may direct.

Marginal note:Liability for costs

 The lawful owner and any person lawfully entitled to possession of any thing seized, detained, forfeited or abandoned under this Part or under the Criminal Code and who has been found guilty of an offence under this Part in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of entry to a place, seizure, detention, forfeiture, abandonment or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Part or the Criminal Code.

Jurisdiction of Justices and Judges — Exclusive Economic Zone of Canada and Waters Above the Continental Shelf of Canada

Marginal note:Jurisdiction of justices and judges

 A justice or judge in any territorial division in Canada has jurisdiction to exercise powers or perform duties or functions under this Part in relation to the exercise of powers or performance of duties or functions by an enforcement officer or analyst in the exclusive economic zone of Canada or the waters above the continental shelf of Canada.

Compliance Orders

Marginal note:Definitions

 The following definitions apply in sections 215 to 223.

Chief Review Officer

Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer. (réviseur-chef)

order

order means an order issued under section 215. (ordre)

Marginal note:Order

  •  (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Part, they may issue an order directing a person to

    • (a) stop doing something that is or is likely to be in contravention of this Part or cause it to be stopped;

    • (b) take any measure that is necessary in order to comply with this Part or to mitigate the effects of non-compliance; and

    • (c) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order including

      • (i) maintaining records on any relevant matter,

      • (ii) reporting periodically to the enforcement officer, and

      • (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer and setting out any action to be taken by the person with respect to the subject matter of the order.

  • Marginal note:Notice

    (2) An order must be provided in the form of a written notice and must set out

    • (a) the name of each person to whom it is directed;

    • (b) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened;

    • (c) the relevant facts surrounding the alleged contravention;

    • (d) whatever it is to be stopped or the measures to be taken;

    • (e) the time or the day when each measure is to begin or the period during which it is to be carried out;

    • (f) subject to subsection (3), the duration of the order;

    • (g) a statement that a request for a review may be made to the Chief Review Officer; and

    • (h) the period within which a request for a review may be made.

  • Marginal note:Duration of order

    (3) The maximum duration of an order is 180 days.

  • Marginal note:Statutory Instruments Act

    (4) An order is not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Notice of intent

  •  (1) An enforcement officer must, before issuing an order,

    • (a) provide an oral or a written notice of the intent of the enforcement officer to issue the order to every person to whom the order will be directed; and

    • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

  • Marginal note:Contents of notice of intent

    (2) A notice of intent to issue an order must include

    • (a) a statement of the purpose of the notice;

    • (b) a reference to the statutory authority under which the order will be issued;

    • (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and

    • (d) a statement that the person to whom the order will be directed may make oral representations to the enforcement officer within the period stated in the notice.

Marginal note:Compliance with the order

  •  (1) A person to whom an order is directed must, on receipt of the order or a copy of it, comply with the order.

  • Marginal note:No bar to proceedings

    (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Part or the regulations is not a bar to any proceedings against the person under this Part or under any other Act in relation to the alleged contravention.

Marginal note:Intervention by enforcement officer

  •  (1) If any person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or authorize a third party to take the measures.

  • Marginal note:Access to property

    (2) An enforcement officer or third party that is authorized to take measures under subsection (1) may enter and have access to any place or property, other than a dwelling-house, and may do any reasonable things that may be necessary in the circumstances.

  • Marginal note:Immunity

    (3) If a third party is authorized to take measures under subsection (1), no action or other proceeding of a civil nature may be brought against the third party in respect of any act or omission committed in good faith in taking those measures.

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

  •  (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 218(1) from any person to whom the order is directed.

  • Marginal note:Reasonably incurred

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

  • Marginal note:Liability

    (3) If the order is directed to more than one person, they are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1).

  • Marginal note:Procedure

    (4) 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 in respect of the claim in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

  • Marginal note:Recourse or indemnity

    (5) 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

    (6) If 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 came to the knowledge of the Minister, whichever is later.

  • Marginal note:Minister’s certificate

    (7) 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 must be received in evidence and, in the absence of any evidence to the contrary, the document must 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.

Marginal note:Variation or cancellation of order

  •  (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may

    • (a) amend or suspend a condition of the order, or add condition to, or delete a condition from, the order;

    • (b) cancel the order;

    • (c) correct a clerical error in the order; or

    • (d) extend the duration of the order up to the maximum duration set out in subsection 215(3).

  • Marginal note:Notice of intent

    (2) The enforcement officer must, before exercising a power under paragraph (1)(a) or (d),

    • (a) provide an oral or a written notice of the intent of the enforcement officer to do so to every person to whom the order is directed; and

    • (b) allow a reasonable opportunity in the circumstances for the person to make oral representations.

  • Marginal note:Contents of notice of intent

    (3) A notice of intent to exercise a power under paragraph (1)(a) or (d) must include

    • (a) a statement of the purpose of the notice;

    • (b) a reference to the statutory authority under which the power will be exercised;

    • (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and

    • (d) a statement that the person to whom the order is directed may make oral representations to the enforcement officer within the period stated in the notice.

Marginal note:Regulations

 The Minister may make regulations respecting reporting under subparagraph 215(1)(c)(ii) and respecting representations made to enforcement officers under subsection 216(1) or 220(2).

Marginal note:Request for review

  •  (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 the written order or a copy of it, 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 if, in the Chief Review Officer’s opinion, it is in the public interest to do so.

Marginal note:Review of order

 Sections 257 to 264 and 266 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review of any order.

Marginal note:Immunity

 No action or other proceeding of a civil nature may be brought against a review officer in respect of anything that is done or omitted to be done in good faith in the exercise of their powers or the performance of their duties and functions under section 223.

Voluntary Reports

Marginal note:Voluntary reports

  •  (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Part, but is not required to report the matter under this Part, the person may report any information relating to the offence or likely offence to an enforcement officer or any person to whom a report may be made under this Part.

  • Marginal note:Request for confidentiality

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

  • Marginal note:Requirement for confidentiality

    (3) A person must not disclose or cause to be disclosed the identity of a person who makes a request under subsection (2) or any information that could reasonably be expected to reveal their identity unless the person authorizes the disclosure in writing.

  • Marginal note:Employee protection

    (4) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has

    • (a) made a report under subsection (1);

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

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

Application for Investigation of Offences

Marginal note:Application for investigation by Minister

  •  (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Part that the individual alleges has occurred.

  • Marginal note:Statement to accompany application

    (2) The application must include a solemn affirmation or declaration

    • (a) stating the name and address of the applicant;

    • (b) stating that the applicant is at least 18 years old and a resident of Canada;

    • (c) stating the nature of the alleged offence and the name of each person alleged to be involved; and

    • (d) containing a concise statement of the evidence supporting the allegations of the applicant.

  • Marginal note:Form

    (3) The Minister may, by regulation, prescribe the form in which an application under this section is required to be made.

 
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