PART 2Industrial Greenhouse Gas Emissions (continued)
DIVISION 3Administration and Enforcement (continued)
Compliance Orders (continued)
Marginal note:Intervention by enforcement officer
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.
(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
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.
(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).
(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
Marginal note:Notice of intent
(2) The enforcement officer must, before exercising a power under paragraph (1)(a) or (d),
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.
221 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
222 (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
224 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.
Marginal note:Voluntary reports
225 (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
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.
(3) The Minister may, by regulation, prescribe the form in which an application under this section is required to be made.
Marginal note:Investigation by Minister
227 The Minister must acknowledge receipt of the application within 20 days after the receipt and must investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence.
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