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

Marginal note:Exigent circumstances

• 236 (1) In the case of exigent circumstances, an order may be given orally on the condition that it is followed, within seven days, by a written order issued in accordance with section 235.

• Definition of exigent circumstances

  (2) For greater certainty, exigent circumstances includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 235(6) would result in danger to human life or the environment.

Marginal note:Notice of intent

• 237 (1) Except in exigent circumstances, the enforcement officer shall, wherever practicable, 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 who will be subject to the order; and

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

• Marginal note:Contents of notice of intent

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

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

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

  • (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice.

Marginal note:Compliance with the order

• 238 (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by an enforcement officer under an order given orally under section 236, 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 Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention.

Marginal note:Intervention by enforcement officer

• 239 (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 cause them to be taken.

• Marginal note:Access to property

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

• Marginal note:Personal liability

  (3) Any person, other than a person described in subsection 235(3), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized or required by an enforcement officer under subsection (1) 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 that subsection unless it is established that the person acted in bad faith.

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

• 240 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 239(1) from

  • (a) any person referred to in paragraph 235(3)(a); and

  • (b) any person referred to in paragraph 235(3)(b) to the extent of the person’s negligence in causing or contributing to the alleged contravention.

• 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) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection.

• Marginal note:Limitation

  (4) A person referred to in paragraph 235(3)(b) shall not be held liable under subsection (3) to an extent greater than the extent of their negligence in causing or contributing to the alleged contravention.

• 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.

Marginal note:Variation or cancellation of order

• 241 (1) As long as the Tribunal is not seized of a request for the review of an order, the enforcement officer may, after giving reasonable notice,

  • (a) 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;

  • (b) cancel the order;

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

  • (d) 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.

• Marginal note:Notice of intent

  (2) Except in exigent circumstances, the enforcement officer shall, wherever practicable, 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 who will be subject to the order; 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) shall include

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

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

  • (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice.

• Marginal note:Limitations on exercise of enforcement officer’s powers

  (4) An enforcement officer shall not exercise any of the powers referred to in paragraph (1)(a), (b) or (d) 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:Regulations

242 The Minister may make regulations

• (a) prescribing the form of reporting to enforcement officers under subparagraph 235(4)(f)(ii) and specifying the information required to be contained in or to accompany the report; and

• (b) of either particular or general application, respecting representations made to enforcement officers under subsection 237(1) or 241(2).

Environmental Protection Tribunal of Canada

Marginal note:Establishment

• 243 (1) There is established a tribunal, to be known as the Environmental Protection Tribunal of Canada, consisting of members appointed by the Minister on either a full-time or a part-time basis.

• Marginal note:Appointment of Chairperson

  (2) The Minister is to appoint one of the members as Chairperson of the Tribunal.

Marginal note:Head office

244 The Tribunal’s head office is to be in the National Capital Region, as defined in section 2 of the National Capital Act.

Marginal note:Chairperson

• 245 (1) The Chairperson has supervision over and direction of the activities of the Tribunal, including

  • (a) the apportionment of work among members and the assignment of members to hear matters brought before the Tribunal and, when the Tribunal sits in panels, the assignment of members to panels; and

  • (b) the management of the Tribunal’s internal affairs.

• Marginal note:Chairperson absent or unable to act

  (2) If the Chairperson is absent or unable to act or if the office is vacant, the Minister is to designate another member of the Tribunal to perform the functions of the Chairperson.

Marginal note:Term of members

246 Members of the Tribunal are to be appointed to hold office during good behaviour for a renewable term of not more than three years, but may be removed by the Minister at any time for cause.

Marginal note:Knowledge

247 A person is not eligible to be appointed as a member of the Tribunal unless the person is knowledgeable about the conservation and protection of the Canadian environment, environmental and human health, administrative law as it relates to environmental regulation or traditional aboriginal ecological knowledge.

Marginal note:Other employment

248 Members of the Tribunal must not accept or hold any office or employment inconsistent with their functions under this Act.

Marginal note:Remuneration

• 249 (1) Members of the Tribunal are to be paid the remuneration that is fixed by the Governor in Council.

• Marginal note:Expenses

  (2) Members of the Tribunal are entitled to be paid

  • (a) reasonable travel and other expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of work; and

  • (b) any other reasonable expenses incurred by them in the course of their duties under this Act.

• Marginal note:Accident compensation

  (3) Members of the Tribunal are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

• Marginal note:Public Service Superannuation Act

  (4) Full-time members of the Tribunal are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act.

Marginal note:Acting after expiry of term

250 If the term of a member of the Tribunal ends before they have made a decision in respect of a matter, they may, with the authorization of the Chairperson, continue, during a period of not more than 180 days, to act as a member in respect of that matter.

251 [Repealed, 2026, c. 3, s. 513]

252 [Repealed, 2026, c. 3, s. 513]

Marginal note:Immunity

253 No criminal or civil proceedings lie against a member of the Tribunal for anything done or omitted to be done in good faith in performing any of their functions 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 Members of the Tribunal are servants of His 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 Tribunal within 30 days after the day on which the person receives a copy of the written order or the day on which the oral order is given, make a request to the Tribunal for a review of the order.

• Marginal note:Extension of period for request

  (2) The Chairperson, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so.