GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 327
Ministerial orders 327 Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of compliance units or invalidate any trade of compliance units if the Ministers are of the opinion that the trade or use of a compliance unit (a) has or may have an immediate or long-term harmful effect on the environment; (b) constitutes or may constitute a danger to the environment on which human life depends; or (c) constitutes or may constitute a danger in Canada to human life or health. 1999, c. 33, s. 327 2023, c. 26, s. 621
Canadian Environmental Protection Act, 1999 — C-15.31 327.1
Environmental Economic Instruments Fund 327.1 (1) There is established an account in the accounts of Canada to be called the Environmental Economic Instruments Fund, consisting of a sub-account for each funding program that meets the following conditions: (a) its purpose is provided for in a regulation made under section 326 and any of sections 93, 118, 140, 167, 177 and 209; and (b) it is under the responsibility of the Minister. Amounts paid into C.R.F. (2) The amounts received by His Majesty in right of Canada as contributions to a funding program referred to in subsection (1) are to be paid into the Consolidated Revenue Fund and credited to the sub-account for that program. Interest (3) The Minister of Finance shall cause to be credited to each sub-account an amount representing interest, calculated in the manner and at the rate determined by the Governor in Council on the recommendation of that Minister, on the amount standing to the credit of that sub-account. Amounts paid out of C.R.F. (4) On the Minister’s request, one or more amounts not exceeding in total the amount standing in the sub-account for a funding program referred to in subsection (1), including interest, may be paid out of the Consolidated Revenue Fund for the purpose for which that funding program was established. The amount of all such payments is to be charged to that sub-account. Administration of Fund (5) The Minister is responsible for the administration of the Environmental Economic Instruments Fund. Use of amounts (6) Amounts credited to a sub-account for a funding program referred to in subsection (1) may be used for the administration of that sub-account. Designation (7) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in subsections (4) and (5). 2023, c. 26, s. 622
Canadian Environmental Protection Act, 1999 — C-15.31 328
Services and facilities 328 (1) Subject to subsection (2), the Minister may make regulations (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for a service, the use of a facility or any right, privilege, process or approval; (b) prescribing the persons or classes of persons by whom or on whose behalf the fees are to be paid and requiring the fees to be paid by those persons or classes of persons; (c) exempting any person or class of persons from the requirement to pay any of those fees; and (d) generally, in respect of any condition or any other matter in relation to the payment of fees for a service, facility, right, privilege, process or approval referred to in paragraph (a). Appropriate Minister (2) For the purpose of subsection (1), where the Minister or the Minister of Health or both Ministers have responsibility for a service, facility, right, privilege, process or approval referred to in paragraph (1)(a), that Minister or both Ministers, as the case may be, have the power to make the regulations under subsection (1) in relation to that service, facility, right, privilege, process or approval. Amount not to exceed cost (3) Fees for a service or the use of a facility that are prescribed by or under regulations made under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility. Amount (4) Fees for processes or approvals that are prescribed by or under regulations made under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty for the purpose of providing the processes or approvals.
Canadian Environmental Protection Act, 1999 — C-15.31 329
Consultation 329 The Minister making a regulation under section 328 shall do so after consulting with any persons or organizations that the Minister considers to be interested in the matter.
Canadian Environmental Protection Act, 1999 — C-15.31 330
Exercise of regulation-making power 330 (1) The Governor in Council may, in the exercise of any regulation-making power under this Act in respect of a substance, prescribe (a) the minimum, average or maximum quantity or concentration of the substance; and (b) the method of determining such a quantity or concentration. Incorporation by reference (2) For greater certainty, a regulation made under this Act incorporating by reference a standard, specification, guideline, method, procedure or practice may incorporate the standard, specification, guideline, method, procedure or practice as amended from time to time. (3) [Repealed, 2023, c. 12, s. 54] (3.1) [Repealed, 2023, c. 12, s. 54] Variation (3.2) Regulations made under section 93, 140, 145, 167, 177 or 326 may distinguish among any class of persons, works, undertakings, activities or substances, including fuels, that they may establish on the basis of any factor, including (a) quantities of releases; (b) production capacity; (c) technology or techniques used or manufacturing process; (d) feedstocks used; (e) in the case of works or undertakings, the date their operation commenced or the date on which any major alterations are completed; (f) the substance or fuel’s source; (g) the substance or fuel’s commercial designation; (h) the substance or fuel’s physical or chemical properties; and (i) the substance or fuel’s conditions of use or place or time of year of use. Limitation of Part 7 (3.3) Nothing in Part 7 is to be construed so as to prevent the making of regulations under Part 5. Manner of service (4) The Minister may make regulations respecting the manner of providing or serving orders, copies of orders, notices or other documents that are to be provided under this Act. 1999, c. 33, s. 330; 2008, c. 31, s. 5 2023, c. 12, s. 54
Canadian Environmental Protection Act, 1999 — C-15.31 331
Exemption from Statutory Instruments Act 331 An interim order made under section 94, 163, 173, 183 or 200.1 (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act ; and (b) shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council. 1999, c. 33, s. 331; 2004, c. 15, s. 30
Canadian Environmental Protection Act, 1999 — C-15.31 332
Publication of proposed orders and regulations 332 (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in any of sections 66 to 66.2, 87, 105 to 105.2 and 112 or an interim order made under section 94, 163, 173, 183 or 200.1. Notice of objection (2) Any person may file with the Minister comments, or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, within 60 days after the publication of (a) a proposed order or regulation referred to in subsection (1); (b) a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette ; or (c) a statement referred to in subparagraph 91(1)(a)(ii) or (b)(ii). Single publication required (3) No order, regulation or instrument need be published more than once under subsection (1), whether or not it is altered after publication. 1999, c. 33, s. 332; 2004, c. 15, s. 31 2023, c. 12, s. 55
Canadian Environmental Protection Act, 1999 — C-15.31 333
Establishment of board of review 333 (1) If a person files a notice of objection under subsection 332(2) in respect of a decision or a proposed order, regulation or instrument made by the Governor in Council, a decision or a proposed order or instrument made by either or both Ministers or a statement referred to in subparagraph 91(1)(a)(ii) or (b)(ii), the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision or statement is made or the order, regulation or instrument is proposed. Establishment of board of review (2) Where a person files a notice of objection under subsection 9(3) or 10(5) in respect of an agreement or a term or condition of the agreement, the Minister may establish a board of review to inquire into the matter. Mandatory review for international air and water (3) Where a person or government files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under section 167 or 177 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the nature and extent of the danger posed by the release into the air or water of the substance in respect of which the regulations are proposed. Mandatory reviews for certain regulations (4) Where a person files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under Part 9 or section 118 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the matter raised by the notice. Review for permits (5) Where a person files with the Minister a notice of objection under section 134 within the time specified in that section, the Minister may establish a board of review to inquire into the matter raised by the notice. (6) [Repealed, 2023, c. 12, s. 56] 1999, c. 33, s. 333 2023, c. 12, s. 56
Canadian Environmental Protection Act, 1999 — C-15.31 334
Number of members of board 334 (1) A board of review shall consist of not fewer than three members. Knowledge requirement (2) A person is not eligible to be appointed as a member of a board of review unless the person is knowledgeable about the Canadian environment, environmental and human health or traditional aboriginal ecological knowledge.
Canadian Environmental Protection Act, 1999 — C-15.31 335
Appearance before board 335 A board of review shall give any person or government a reasonable opportunity, consistent with the rules of procedural fairness and natural justice, of appearing before it, presenting evidence and making representations.
Canadian Environmental Protection Act, 1999 — C-15.31 336
Withdrawal of notice of objection 336 Where a notice of objection referred to in section 333 is withdrawn by the person who filed it and no other notice of objection is filed in respect of the same matter, the Minister or Ministers may dissolve a board of review established in respect of the notice of objection.
Canadian Environmental Protection Act, 1999 — C-15.31 337
Powers of board 337 For the purposes of an inquiry under this Act, a board of review has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act .
Canadian Environmental Protection Act, 1999 — C-15.31 338
Costs 338 (1) A board of review may award costs of, and incidental to, any proceedings before it on a final or interim basis and those costs may be fixed at a sum certain or may be taxed. Payment (2) A board of review may, in accordance with the rules, direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.
Canadian Environmental Protection Act, 1999 — C-15.31 339
Absent member of board 339 Where a member of a board of review is absent or unable to proceed with or complete an inquiry, the remaining members of the board may, if there is still a quorum, proceed with or complete the inquiry.
Canadian Environmental Protection Act, 1999 — C-15.31 340
Report 340 (1) As soon as possible after the conclusion of an inquiry, a board of review shall submit a report to the Minister or the Ministers who established the board, together with its recommendations and the evidence that was presented to it. Publication of report (2) The report of the board of review shall be made public immediately after its receipt by the Minister or Ministers, subject to section 314 or the conditions of any other Act of Parliament.
Canadian Environmental Protection Act, 1999 — C-15.31 341
Rules for boards of review 341 The Minister or the Ministers may, with respect to boards of review that the Minister or the Ministers establish, make rules of either particular or general application (a) for regulating the proceedings of the boards; (b) for regulating the conduct of hearings, including the presentation of evidence, the making of representations, the holding of hearings, the length of hearings and the date on or before which the boards shall report; (c) fixing the remuneration of board members and the travel and living expenses to which they are entitled; (d) prescribing the criteria to be considered by boards in directing interim or final costs to be paid, taxed and allowed and prescribing a scale under which costs are to be taxed; and (e) generally, for regulating the conduct and work of the boards.
Canadian Environmental Protection Act, 1999 — C-15.31 342
Annual report 342 (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report on the administration and enforcement of this Act for that year. Research (2) The Minister shall include in the annual report a report on the research conducted under the authority of this Act during the fiscal year being reported.
Canadian Environmental Protection Act, 1999 — C-15.31 342.1
Report — aboriginal peoples 342.1 The Minister shall include in the annual report required by section 342 information related to (a) consultations with aboriginal peoples and aboriginal governments, including a summary of the key issues raised, in relation to matters under this Act; (b) the administration of this Act in respect of aboriginal peoples and aboriginal governments, including the measures taken to advance reconciliation as reflected in section 35 of the Constitution Act, 1982 and in the United Nations Declaration on the Rights of Indigenous Peoples Act ; and (c) the key findings or recommendations of any report made under an Act of Parliament in respect of the administration of this Act and aboriginal peoples and aboriginal governments. 2023, c. 12, s. 57
Canadian Environmental Protection Act, 1999 — C-15.31 343
Permanent review of Act 343 (1) The administration of this Act shall, every five years after the coming into force of this Act, stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose. Review and report (2) The committee designated or established for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament thereon, including a statement of any changes to this Act or its administration that the committee would recommend. 1999, c. 33, s. 343; 2017, c. 26, s. 31(F)
Canadian Environmental Protection Act, 1999 — C-15.31 355.1
Regulations 355.1 (1) Subject to subsection (2), any regulation that was (a) made under the Act mentioned in section 355, and (b) in force immediately before the day on which this Act is assented to is deemed to have been made under this Act, and continues in force, subject to being amended or repealed under this Act. Where inconsistent with this Act (2) If a regulation continued in force by subsection (1) is not consistent with this Act at the end of the two-year period that starts on the day on which this Act is assented to, that regulation ceases to be in force at the end of that period.
Canadian Environmental Protection Act, 1999 — C-15.31 Coming into force
Coming into force * 356 This Act or any of its provisions comes into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 6 and 332 to 341 in force November 15, 1999, see SI/99-131; sections 243 to 255 in force December 1, 1999, see SI/99-132; sections 9 and 54 in force February 2, 2000, see SI/2000-4; sections 1 to 5, 7, 8, 10 to 53 and 55 to 80, subsections 81(1) to (6) and (8) to (14), sections 82 to 105, subsections 106(1) to (6) and (8) to (13) and sections 107 to 233, 242, 256 to 331 and 342 to 355.1 in force March 31, 2000, see SI/2000-15; sections 234 to 241 in force March 31, 2001, see SI/2000-15 and SI/2000-78; subsections 81(7) and 106(7) in force September 13, 2001, see SI/2000-15.]
Canadian Environmental Protection Act, 1999 — C-15.31
For molecular formulae in this schedule, “n” = number of atoms.
Canadian Environmental Protection Act, 1999 — C-15.31
Note: In this Part, “CAS” denotes Chemical Abstracts Service registry number.
Canadian Environmental Protection Act, 1999 — C-15.31 2
2 Fish waste and other organic matter resulting from industrial fish processing operations.
Canadian Environmental Protection Act, 1999 — C-15.31 3
3 Ships, aircraft, platforms or other structures from which all material that can create floating debris or other marine pollution has been removed to the maximum extent possible if, in the case of disposal, those substances would not pose a serious obstacle to fishing or navigation after being disposed of.
Canadian Environmental Protection Act, 1999 — C-15.31 5
5 Uncontaminated organic matter of natural origin.
Canadian Environmental Protection Act, 1999 — C-15.31 6
6 Bulky substances that are primarily composed of iron, steel, concrete or other similar matter that does not have a significant adverse effect, other than a physical effect, on the sea or the seabed, if those substances (a) are in locations at which the disposal or incineration at sea is the only practicable manner of disposing of or thermally destroying the substances; and (b) in the case of disposal, would not pose a serious obstacle to fishing or navigation after being disposed of.
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
(a) are in locations at which the disposal or incineration at sea is the only practicable manner of disposing of or thermally destroying the substances; and
Canadian Environmental Protection Act, 1999 — C-15.31 (b)
(b) in the case of disposal, would not pose a serious obstacle to fishing or navigation after being disposed of.
Canadian Environmental Protection Act, 1999 — C-15.31 1
1 This schedule shall be applied with a view that acceptance of disposal at sea under certain circumstances does not remove the obligation to make further attempts to reduce the necessity for disposal.
Canadian Environmental Protection Act, 1999 — C-15.31 2
2 The initial stages in assessing alternatives to disposal at sea shall, as appropriate, include an evaluation of (a) the types, amounts and relative hazard of waste or other matter generated; (b) the details of the production process and sources of waste or other matter within that process; and (c) the feasibility of the following waste reduction or prevention techniques: (i) product reformulation, (ii) clean production technologies, (iii) process modification, (iv) input substitution, and (v) on-site, closed-loop recycling.
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
(a) the types, amounts and relative hazard of waste or other matter generated;
Canadian Environmental Protection Act, 1999 — C-15.31 (b)
(b) the details of the production process and sources of waste or other matter within that process; and
Canadian Environmental Protection Act, 1999 — C-15.31 (c)
(c) the feasibility of the following waste reduction or prevention techniques: (i) product reformulation, (ii) clean production technologies, (iii) process modification, (iv) input substitution, and (v) on-site, closed-loop recycling.
Canadian Environmental Protection Act, 1999 — C-15.31 3
3 In general terms, if the required audit reveals that opportunities exist for waste prevention at source, an applicant shall formulate and implement a waste prevention strategy, where it has jurisdiction to do so, (in collaboration with relevant local and national agencies) which includes specific waste reduction targets and provision for further waste prevention audits to ensure that these targets are being met. Permit issuance or renewal shall be subject to compliance with this requirement.
Canadian Environmental Protection Act, 1999 — C-15.31 4
4 For dredged material, the goal of waste management shall be to identify and control the sources of contamination. This should be achieved through implementation of waste prevention strategies and requires collaboration between the relevant local and national agencies involved with the control of point and non-point sources of pollution. Until this objective is met, the problems of contaminated dredged material may be addressed by using disposal management techniques at sea or on land.
Canadian Environmental Protection Act, 1999 — C-15.31 5
5 Applications to dispose of waste or other matter shall demonstrate that appropriate consideration has been given to the following hierarchy of waste management options, which implies an order of increasing environmental impact: (a) re-use; (b) off-site recycling; (c) destruction of hazardous constituents; (d) treatment to reduce or remove the hazardous constituents; and (e) disposal on land, into the air and in water.
Canadian Environmental Protection Act, 1999 — C-15.31 (c)
(c) destruction of hazardous constituents;
Canadian Environmental Protection Act, 1999 — C-15.31 (d)
(d) treatment to reduce or remove the hazardous constituents; and
Canadian Environmental Protection Act, 1999 — C-15.31 (e)
(e) disposal on land, into the air and in water.
Canadian Environmental Protection Act, 1999 — C-15.31 6
6 A permit to dispose of waste or other matter shall be refused if opportunities exist to re-use, recycle or treat the waste or other matter without undue risks to human health or the environment or disproportionate costs. The practical availability of other means of disposal shall be considered in the light of a comparative risk assessment involving both disposal and the alternatives.
Canadian Environmental Protection Act, 1999 — C-15.31 7
7 A detailed description and characterization of the waste or other matter is an essential precondition for the consideration of alternatives and the basis for a decision as to whether the waste or other matter may be disposed of at sea. If the waste or other matter is so poorly characterized that proper assessment cannot be made of its potential impacts on human health and the environment, the waste or other matter shall not be disposed of at sea.
Canadian Environmental Protection Act, 1999 — C-15.31 8
8 Characterization of the waste or other matter and their constituents shall take into account (a) origin, total amount, form and average composition; (b) properties: physical, chemical, biochemical and biological; (c) toxicity; (d) persistence: physical, chemical and biological; and (e) accumulation and biotransformation in biological materials or sediments.
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
(a) origin, total amount, form and average composition;
Canadian Environmental Protection Act, 1999 — C-15.31 (b)
(b) properties: physical, chemical, biochemical and biological;
Canadian Environmental Protection Act, 1999 — C-15.31 (d)
(d) persistence: physical, chemical and biological; and
Canadian Environmental Protection Act, 1999 — C-15.31 (e)
(e) accumulation and biotransformation in biological materials or sediments.