Canadian Environmental Protection Act, 1999 — C-15.31 235
Order 235 (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened in the circumstances described in subsection (2) by a person who is continuing the commission of the offence, or that any of those provisions are likely to be contravened in the circumstances described in that subsection, the enforcement officer may issue an environmental protection compliance order directing any person described in subsection (3) to take any of the measures referred to in subsection (4) and, if applicable, subsection (5) that are reasonable in the circumstances and consistent with the protection of the environment and public safety, in order to cease or refrain from committing the alleged contravention. Circumstances (2) For the purposes of subsection (1), the circumstances in which the alleged contravention has been or will be committed are as follows, namely, (a) the exportation, importation, manufacture, transportation, processing or distribution of a substance, a product that contains a substance or a product that may release a substance into the environment; (b) the possession, storage, use, sale, offering for sale, advertisement or disposal of a substance, a product that contains a substance or a product that may release a substance into the environment; (c) the use, in a commercial manufacturing or processing activity, of a substance, a product that contains a substance or a product that may release a substance into the environment; or (d) an act or omission in relation to or in the absence of a notice, permit, approval, licence, certificate, allowance or other authorization or a term or condition thereof. Application (3) Subsection (1) applies to any person who (a) owns or has the charge, management or control of (i) the substance — or any product that contains the substance or that may release the substance into the environment — to which the alleged contravention relates, or (ii) the property on which the substance or product is located; (b) causes or contributes to the alleged contravention; or (c) any person who is likely to cause or contribute to the alleged contravention. Specific measures (4) For the purposes of subsection (1), an order in relation to an alleged contravention of any provision of this Act or the regulations may specify that the person to whom the order is directed take one or more of the following measures: (a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations; (b) stop or shut down any activity, work, undertaking or thing for a specified period; (c) cease the operation of any activity or any part of a work, undertaking or thing until the enforcement officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations; (d) move any conveyance to another location including, in the case of a ship, move the ship into port or, in the case of an aircraft, land the aircraft; (e) unload or re-load the contents of any conveyance; and (f) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order — or to restore the components of the environment damaged by the alleged contravention or to protect the components of the environment put at risk by the alleged contravention — including (i) maintaining records on any relevant matter, (ii) reporting periodically to the enforcement officer, and (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer setting out any action to be taken by the person with respect to the subject-matter of the order. Additional measures for certain alleged offences (5) For the purposes of subsection (1), an order in relation to an alleged contravention of section 124 or 125 or any regulations made under section 135