GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 176
Determination of international water pollution 176 (1) Subject to subsection (4), the Minister shall act under subsections (2) and (3) only if the Ministers have reason to believe that a substance released from a source in Canada into water creates, or may reasonably be anticipated to create, (a) water pollution in a country other than Canada; or (b) water pollution that violates, or is likely to violate, an international agreement binding on Canada in relation to the prevention, control or correction of pollution. Consultation with other governments (2) If the source referred to in subsection (1) is a not a federal source, the Minister shall (a) consult with the government responsible for the area in which the source is situated to determine whether that government can prevent, control or correct the water pollution under its laws; and (b) if the government referred to in paragraph (a) can prevent, control or correct the water pollution, offer it an opportunity to do so. Ministerial action (3) If the source referred to in subsection (1) is a federal source, or if the government referred to in paragraph (2)(a) cannot prevent, control or correct the water pollution under its laws or does not do so, the Minister shall take at least one of the following courses of action: (a) on approval by the Governor in Council, publish a notice under subsection 56(1); or (b) recommend regulations to the Governor in Council for the purpose of preventing, controlling or correcting the water pollution. Reciprocity with other country (4) If the water pollution referred to in paragraph (1)(a) is in a country where Canada does not have substantially the same rights with respect to the prevention, control or correction of water pollution as that country has under this Division, the Minister shall decide whether to act under subsections (2) and (3). Other factors (5) When recommending regulations under paragraph (3)(b), the Minister shall take into account comments made under subsection 178(2), notices of objection filed under subsection 332(2) and any report of a board of review submitted under subsection 340(1).
Canadian Environmental Protection Act, 1999 — C-15.31 177
Regulations 177 The Governor in Council may, on the recommendation of the Minister, make regulations with respect to a substance released from a source in Canada into water that creates, or may reasonably be anticipated to create, water pollution referred to in subsection 176(1) for the purpose of preventing, controlling or correcting the water pollution, including regulations respecting (a) the quantity or concentration of the substance that may be released into water; (b) the manner in which and conditions under which the substance may be released into water, either alone or in combination with any other substance; (c) the maintenance of books and records for the administration of any regulation made under this section; (d) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and (e) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.
Canadian Environmental Protection Act, 1999 — C-15.31 178
Notice to other country 178 (1) The Minister shall advise the government of any country that would be affected by or benefit from the regulation before it is published under subsection 332(1). Comments (2) Within 60 days after the publication of a proposed regulation under subsection 332(1), any person, including a representative of the government of any country that would be affected by or benefit from it, may file with the Minister written comments on the proposed regulation. Notice to other governments (3) At the end of the period of 60 days referred to in subsection (2), the Minister (a) shall advise each government referred to in paragraph 176(2)(a) of any notice of objection filed under subsection 332(2); and (b) shall publish in the Canada Gazette , and may publish in any other manner that the Minister considers appropriate, a report or a notice of the availability of a report that summarizes how any written comments filed under subsection (2) or a notice of objection filed under subsection 332(2) were dealt with.
Canadian Environmental Protection Act, 1999 — C-15.31 180
Recovery of reasonable costs and expenses by Her Majesty 180 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 179(5) from (a) any person referred to in paragraph 179(2)(a); and (b) any person referred to in paragraph 179(2)(b) to the extent of the person’s negligence in causing or contributing to the release. Only if 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. Liability (3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection. Limitation (4) A person referred to in paragraph 179(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person’s negligence in causing or contributing to the release. 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. 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. 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. 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.
Canadian Environmental Protection Act, 1999 — C-15.31 181
Prohibition 181 No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 177.
Canadian Environmental Protection Act, 1999 — C-15.31 182
Plans and specifications 182 (1) If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, water pollution, the person shall, at the request of the Minister for the purposes of this Division and within the time that the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity and with analyses, samples, evaluations, studies, mitigation methodologies or other information relating to the substance. Obtaining information from government (2) Before making a request to a person under subsection (1), the Minister shall try to obtain, within a reasonable time, the samples or information from the government responsible for the area in which the person is situated.
Canadian Environmental Protection Act, 1999 — C-15.31 183
Interim order 183 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 177 if the Minister believes (a) that the substance or source referred to in subsection 176(1) is not adequately regulated; and (b) that immediate action is required to deal with a significant danger to the environment or to human life or health. Effective date of order (2) An interim order has effect from the time it is made. Approval of Governor in Council (3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period. Consultation (4) The Governor in Council shall not approve an interim order unless the Minister has (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger. Ministerial action (5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 176 in order to address the significant danger that gave rise to the interim order. Contravention of unpublished order (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order. Cessation of effect (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of (a) the day it is repealed, (b) the day a regulation is made in accordance with subsection (5), and (c) two years after the order is made. Revocation of interim order (8) No action is required to be taken under subsection (5) if the interim order is repealed.
Canadian Environmental Protection Act, 1999 — C-15.31 184
Report to Parliament 184 The Minister shall include in the annual report required by section 342 a report on the administration of this Division.
Canadian Environmental Protection Act, 1999 — C-15.31 185
Import, export and transit 185 (1) No person shall import, export or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except (a) after notifying the Minister and paying the prescribed fee; (b) after receiving from the Minister whichever one of the following permits is applicable: (i) an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or (ii) a transit permit that states that the Minister has authorized the movement; and (c) in accordance with the prescribed conditions. Refusal to issue permit (2) If the Minister is of the opinion that the waste or material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse, in accordance with the criteria set out in the regulations, to issue a permit even if the relevant authorities have given their authorization. Consultation with governments (3) Before refusing under subsection (2) to issue a permit to import, the Minister shall consult with the government of the jurisdiction of destination. Special circumstances to issue permits (4) Where the Minister is of the opinion that the waste or material will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may issue a permit if the relevant authorities inform the Minister that they lack the legal authority to authorize the movement, final disposal or recycling but are not opposed to it.
Canadian Environmental Protection Act, 1999 — C-15.31 186
Prohibitions — import, export and transit 186 (1) For the purpose of implementing international agreements respecting the environment, the Minister may, with the approval of the Governor in Council and taking into account Canada’s international obligations, prohibit, completely or partially and under any conditions that may be prescribed, the import, export or transit of waste or material referred to in subsection 185(1). Prohibition of abandonment (2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of import, export or transit.
Canadian Environmental Protection Act, 1999 — C-15.31 187
Publication 187 After the Minister receives a notification of the proposed import, export or transit of a waste or material referred to in paragraph 185(1)(a), the Minister shall publish in the Canada Gazette , or in any other manner that the Minister considers appropriate, the name or specifications of the waste or material and (a) in the case of a proposed import, the name of the jurisdiction of origin and the name of the importer; (b) in the case of a proposed export, the name of the jurisdiction of destination and the name of the exporter; and (c) in the case of a proposed transit, the names of the jurisdictions of origin and of destination and the name of the conveyor.
Canadian Environmental Protection Act, 1999 — C-15.31 188
Reduction of export for final disposal 188 (1) For the purpose of reducing or phasing out the export of hazardous waste or prescribed non-hazardous waste for final disposal, the Minister may require an exporter, or a class of exporters, of hazardous waste to (a) submit to the Minister, at the same time as the notification referred to in paragraph 185(1)(a) and at any other prescribed time, a plan in accordance with the regulations; and (b) implement that plan. Declaration of implementation (2) Every person who is required to implement a plan under paragraph (1)(b) shall file with the Minister, within 30 days after the completion of each stage of the plan, a written declaration that the implementation has been completed. Sanction (3) The Minister may refuse to issue a permit to an exporter who does not comply with subsection (1) or (2).
Canadian Environmental Protection Act, 1999 — C-15.31 189
Movement within Canada 189 (1) No person shall undertake movement within Canada of hazardous waste or hazardous recyclable material otherwise than in accordance with this Division and the regulations and unless the person pays the prescribed fee. Publication (2) The Minister shall publish in the Canada Gazette , or in any other manner that the Minister considers appropriate, information derived from documents received under regulations made for the purpose of this section.
Canadian Environmental Protection Act, 1999 — C-15.31 190
Permits based on equivalent environmental safety level 190 (1) The Minister may issue a permit authorizing, subject to conditions fixed by the Minister, any activity to be conducted in a manner that does not comply with this Division if the Minister is satisfied that (a) the manner in which the activity will be conducted provides a level of environmental safety at least equivalent to that provided by compliance with this Division; and (b) in the case of the importation, exportation or transit of a waste or material referred to in subsection 185(1), the activity is consistent with international environmental agreements binding on Canada. Scope of permit (2) The permit may authorize the activity in terms of the persons who may conduct the activity and in terms of the waste and material that it may involve. Revocation of permit (3) The Minister may revoke the permit if (a) the Minister is of the opinion that paragraph (1)(a) or (b) no longer applies; (b) the regulations have been amended and address the activity authorized by the permit; or (c) the permit holder does not comply with the conditions of the permit. Publication (4) The Minister shall publish in the Canada Gazette , or in any other manner that the Minister considers appropriate, a copy of each permit issued under this section.
Canadian Environmental Protection Act, 1999 — C-15.31 191
Regulations 191 The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Division, including regulations (a) defining, for the purposes of this Division and Part 10, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to those definitions; (b) respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division; (c) establishing criteria for the purpose of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party; (d) for establishing a classification system for waste and material; (e) respecting information and documents to be provided to the Minister; (f) respecting conditions governing the import, export, transit and movement within Canada of waste and material; (g) respecting plans referred to in subsection 188(1), taking into account (i) the benefit of using the nearest appropriate disposal facility, and (ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters; and (h) prescribing anything that by this Division is to be prescribed.
Canadian Environmental Protection Act, 1999 — C-15.31 192
Forms 192 The Minister may establish forms for the purposes of this Division.
Canadian Environmental Protection Act, 1999 — C-15.31 193
Definitions 193 The definitions in this section apply in this Part. environmental emergency means (a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or (b) the reasonable likelihood of such a release into the environment. ( urgence environnementale ) substance means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part. ( substance ) 1999, c. 33, s. 193; 2004, c. 15, s. 26
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
environmental emergency means (a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or (b) the reasonable likelihood of such a release into the environment. ( urgence environnementale )
Canadian Environmental Protection Act, 1999 — C-15.31
substance means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part. ( substance )
Canadian Environmental Protection Act, 1999 — C-15.31 194
Application 194 For the purposes of this Part, any power, duty or function conferred or imposed under this Part may only be exercised or performed in relation to those aspects of an environmental emergency that (a) have or may have an immediate or long-term harmful effect on the environment; (b) constitute or may constitute a danger to the environment on which human life depends; or (c) constitute or may constitute a danger in Canada to human life or health.
Canadian Environmental Protection Act, 1999 — C-15.31 195
Research 195 Despite subsection 36(3) of the Fisheries Act , subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d) and 209(2)(a), (b), (c) and (d), the Minister may (a) examine and conduct research, including tests, respecting the causes, circumstances and effects of and remedial measures for an environmental emergency; and (b) conduct and publicize demonstration projects.
Canadian Environmental Protection Act, 1999 — C-15.31 196
Guidelines and codes of practice 196 The Minister may issue guidelines and codes of practice respecting the prevention of, preparedness for and response to an environmental emergency and for restoring any part of the environment damaged by or during an emergency.
Canadian Environmental Protection Act, 1999 — C-15.31 197
Consultation 197 (1) In carrying out the responsibilities conferred by section 196, the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or environmental emergencies. Minister may act (2) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (1), the Minister may act under section 196 if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.
Canadian Environmental Protection Act, 1999 — C-15.31 198
Publication of guidelines and codes of practice 198 The Minister shall publish in the Canada Gazette , or in any other manner that the Minister considers appropriate, guidelines and codes of practice issued under section 196 or a notice stating where copies of those documents may be obtained.
Canadian Environmental Protection Act, 1999 — C-15.31 200
Regulations 200 (1) The Governor in Council may, on the recommendation of the Minister and after the Committee is given an opportunity to provide its advice to the Minister under section 6, make regulations (a) establishing a list of substances that, if they enter the environment as a result of an environmental emergency, (i) have or may have an immediate or long-term harmful effect on the environment or its biological diversity, (ii) constitute or may constitute a danger to the environment on which human life depends, or (iii) constitute or may constitute a danger in Canada to human life or health; (b) prescribing, in respect of a substance on the list established under paragraph (a), a minimum quantity; (c) respecting the identification of the places in Canada where a substance referred to in paragraph (a), in any quantity or in the quantity prescribed for that substance under paragraph (b), is located and requiring notification to the Minister of those places; (d) respecting the prevention of, preparedness for, response to and recovery from an environmental emergency in respect of a substance; (e) respecting the notification and reporting of an environmental emergency; (f) respecting the notification and reporting of the measures taken (i) to prevent the environmental emergency, or (ii) to repair, reduce or mitigate any negative effects on the environment or human life or health that result from the environmental emergency or that may reasonably be expected to result from it; (g) respecting the implementation of international agreements entered into by Canada in relation to environmental emergencies; and (h) respecting any other matter necessary for the purposes of this Part. Environmental emergencies regulated under other Acts of Parliament (2) The Governor in Council shall not make a regulation under subsection (1) in respect of a matter if, by order, the Governor in Council states that it is of the opinion that (a) the matter is regulated by or under any other Act of Parliament that contains provisions that are similar in effect to sections 194 to 205; and (b) that Act or any regulation made under that Act provides sufficient protection to human health and the environment or its biological diversity.