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

Act current to 2021-06-28 and last amended on 2021-05-01. Previous Versions

PART 10Enforcement (continued)

Review Officers

Marginal note:Roster of review officers

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

Marginal note:Chief Review Officer

  •  (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

  •  (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

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

Marginal note:Knowledge

 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.

  • 1999, c. 33, s. 247
  • 2009, c. 14, s. 68

Marginal note:Other employment

 Review officers shall not accept or hold any office or employment inconsistent with their functions under this Act.

Marginal note:Remuneration and fees

  •  (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

 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

 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.

Marginal note:Government services and facilities

 In performing their functions a review officer shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.

Marginal note:Immunity

 No criminal or civil proceedings lie against a review officer for anything done or omitted to be done in good faith in performing any functions of a review officer under this Act.

Marginal note:Crown not relieved

 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

 Review officers are servants of Her Majesty in right of Canada for the purposes of the law of tort or of extracontractual civil liability.


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 a copy of the written order or after the oral order is given, 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 where, in the Chief Review Officer’s opinion, it is in the public interest to do so.

Marginal note:Review

 On receipt of a request made under subsection 256(1), the Chief Review Officer shall conduct a review of the order, including a hearing, or cause a review and hearing of the order to be conducted by a review officer, or by a panel of three review officers, assigned by the Chief Review Officer. The Chief Review Officer may be a member of that panel.

  • 1999, c. 33, s. 257
  • 2009, c. 14, s. 69

Marginal note:No automatic stay on appeal

  •  (1) Subject to subsection (2), the request for a review by a review officer does not suspend the operation of an order.

  • Marginal note:Suspension on application

    (2) A review officer may, on application made by a person subject to the order before the beginning of the hearing, suspend the operation of the order if the review officer considers it appropriate in the circumstances and, in that case, impose on all the persons subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment and public safety.

  • Marginal note:Suspension of 180 day period

    (3) Where the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.

Marginal note:Right to appear

 All parties to the review, including the Minister, may appear in person or may be represented by counsel or by an agent.

Marginal note:Powers

  •  (1) A review officer may summon any person to appear as a witness before the review officer and may order the witness to

    • (a) give evidence orally or in writing; and

    • (b) produce any documents and things that the review officer considers necessary or desirable for the purpose of performing any of the review officer’s functions.

  • Marginal note:Fees for witnesses

    (2) A witness who is served with a summons under subsection (1) is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled.

Marginal note:Enforcement of summonses and orders

 Any summons to a witness issued or order made under subsection 260(1) by a review officer may be made a summons to a witness or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons to a witness or an order of that court.

Marginal note:Procedure

 To make a summons issued or an order made under subsection 260(1) by a review officer a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed, or a certified copy of the summons or order may be filed with the registrar of the court and the summons or order thereupon becomes a summons or an order of the court.

Marginal note:Powers of review officer

 The review officer, after reviewing the order and after giving all persons who are subject to the order, and the Minister, reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for those persons and the Minister to make oral representations, may

  • (a) confirm or cancel the order;

  • (b) 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; or

  • (c) 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, not counting the days during which the order was suspended under subsection 258(3).

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