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) At any time before a notice requesting a review of an order is received by the Chief Review Officer, 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).

Review Officers

Marginal note:Roster of review officers

243 The Minister shall establish and maintain a roster of review officers.

Marginal note:Chief Review Officer

• 244 (1) The Minister shall appoint one of the review officers as the Chief Review Officer to perform the functions of the Chief Review Officer as and when required.

• Marginal note:Functions of Chief Review Officer

  (2) The Chief Review Officer shall

  • (a) perform administrative functions related to the work of review officers, including assigning review officers to conduct review hearings; and

  • (b) in certain cases, conduct review hearings.

• Marginal note:Absence, etc., of Chief Review Officer

  (3) If the Chief Review Officer is absent or unable to act or if the office is vacant, any other review officer that is designated by the Minister shall perform the functions of the Chief Review Officer.

Marginal note:Term of members

• 245 (1) Review officers shall be appointed to hold office during good behaviour for a term of not more than three years, but may be removed by the Minister at any time for cause.

• Marginal note:Re-appointment

  (2) A review officer may be re-appointed.

Marginal note:Publication in Canada Gazette

246 The Minister shall publish the roster of review officers in the Canada Gazette.

Marginal note:Knowledge

247 A person is not eligible to be appointed as a review officer 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 Review officers shall not accept or hold any office or employment inconsistent with their functions under this Act.

Marginal note:Remuneration and fees

• 249 (1) The Chief Review Officer shall be paid such remuneration as is fixed by the Governor in Council, and each other review officer is entitled to be paid such fees for that other review officer’s services as are fixed by the Governor in Council.

• Marginal note:Expenses

  (2) Review officers 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:Acting after expiry of term

250 If a person who is engaged as a review officer in respect of any matter ceases to be a review officer before rendering a decision in respect of the matter, the person may, with the authorization of the Chief Review Officer, continue, during a period of not more than 180 days, to act as a review officer in respect of the matter.

Marginal note:Secretary and other staff

251 The Minister may, at the request of the Chief Review Officer, make available to review officers any staff and other assistance that are necessary for the proper conduct of the business of review officers.