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

Release of Substances

Marginal note:Report and remedial measures

• 212 (1) If a substance is released into the environment in contravention of a regulation, or if there is a likelihood of such a release, a person described in subsection (2) shall, as soon as possible in the circumstances,

  • (a) subject to the regulations, notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person;

  • (b) take all reasonable measures consistent with the protection of the environment and public safety to prevent or eliminate any dangerous condition or minimize any danger to the environment or to human life or health that results from the release or may reasonably be expected to result if the substance is released; and

  • (c) make a reasonable effort to notify any members of the public who may be adversely affected by the release or likely release.

• Marginal note:Application of subsection (1)

  (2) Subsection (1) applies to any person who

  • (a) owns or has the charge, management or control of the substance immediately before its release or its likely release into the environment; or

  • (b) causes or contributes to the release or increases the likelihood of the release.

• Marginal note:Report by other persons

  (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report a release of a substance to an enforcement officer or to a person designated by the regulations if their property is affected by the release and they know that the substance has been released in contravention of a regulation.

• Marginal note:Intervention by enforcement officer

  (4) Where measures required by subsection (1) are not taken, an enforcement officer may take them, have them taken or direct a person described in subsection (2) to take them.

• Marginal note:Limitation on direction

  (5) If the direction to the person described in subsection (2) is inconsistent with a requirement imposed by or under any other Act of Parliament, it is void to the extent of the inconsistency.

• Marginal note:Access to property

  (6) An enforcement officer or other person authorized or required to take measures under subsection (1) or (4) may, for the purpose of taking those measures, enter and have access to any place or property and may do anything reasonable that may be necessary in the circumstances.

• Marginal note:Personal liability

  (7) A person who provides assistance or advice in taking the measures required by subsection (1), or who takes any measures authorized under subsection (4), is not personally liable either civilly or criminally for any act or omission in the course of providing assistance or advice or taking any measures under those subsections, unless it is established that the person acted in bad faith.

Marginal note:Voluntary report

• 213 (1) If a person knows about a release or likely release of a substance into the environment in contravention of a regulation but the person is not required to report the matter under this Act, the person may report any information about the release or likely release to an enforcement officer or to a person designated by the regulations.

• Marginal note:Request for confidentiality

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

• Marginal note:Requirement of confidentiality

  (3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the disclosure in writing.

• Marginal note:Employee protection

  (4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

  • (a) the employee has made a report under subsection (1);

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

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

Marginal note:Recovery of costs and expenses

• 214 (1) The costs and expenses related to taking any measures under subsection 212(4) may be recovered by Her Majesty in right of Canada from

  • (a) any person referred to in paragraph 212(2)(a); and

  • (b) any person referred to in paragraph 212(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the release.

• Marginal note:Reasonably incurred

  (2) The costs and expenses may only be recovered to the extent that they have been reasonably incurred in the circumstances.

• Marginal note:Liability

  (3) Persons from whom the costs and expenses may be recovered are jointly and severally liable or solidarily liable for them. However, a person mentioned in paragraph 212(2)(b) is not liable to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the release.

• Marginal note:Recourse or indemnity

  (4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

Marginal note:Court and costs

• 215 (1) A claim under section 214 may be recovered with costs in any court of competent jurisdiction.

• Marginal note:Limitation period

  (2) Where events giving rise to the claim occur, no proceedings in respect of the claim may be instituted more than five years after the date on which the events occur or the Minister becomes aware of them, whichever is later.

• Marginal note:Minister’s certificate

  (3) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under section 214 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.

PART 10Enforcement

Interpretation

Marginal note:Definitions

216 The definitions in this section apply in this Part.

conveyance

conveyance includes any vehicle, ship or aircraft. (moyen de transport)

foreign national

foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)

place

place includes any platform anchored at sea, shipping container or conveyance. (lieu)

substance

substance includes hazardous wastes, hazardous recyclable material or non-hazardous waste, as those expressions are defined by regulations made under section 191, and waste or other matter listed in Schedule 5. (substance)

Definition of ship that is not a Canadian ship

• 216.1 (1) For the purpose of subsections 217(6), 218(16) and (17) and 220(5.1) and section 275.1, a ship that is not a Canadian ship does not include a ship that

  • (a) that is not registered, listed or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is

    • (i) a Canadian citizen,

    • (ii) in the case of a vessel that is not required to be registered, listed or licensed under that Act, a person who is resident and domiciled in Canada, or

    • (iii) a corporation incorporated under the laws of Canada or a province, that has its principal place of business in Canada; or

  • (b) that is not registered, listed or licensed under the Canada Shipping Act, 2001 but is owned or operated by Her Majesty in right of Canada.

• Definition of committed in the course of enforcement of this Act

  (2) For the purpose of subsections 217(4) and 271.1(2), sections 275.1 and 278.1 and subsections 279(1) and (3), committed in the course of enforcement of this Act means committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control.