GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 26
Notice of the action 26 (1) The plaintiff in an environmental protection action shall give notice of the action to the Minister no later than 10 days after the document originating the action is first served on a defendant, and the Minister shall give notice of the action in the Environmental Registry as soon as possible after receipt of the plaintiff’s notice. Notice of other matters (2) In an environmental protection action, (a) the court may order any party to the action to give notice to the Minister of any matter relating to the action, within the time specified by the court; and (b) the Minister shall give notice of that matter in the Environmental Registry as soon as possible after receipt of the party’s notice.
Canadian Environmental Protection Act, 1999 — C-15.31 27
Attorney General to be served 27 (1) A plaintiff shall serve the Attorney General of Canada with a copy of the document originating an environmental protection action within 20 days after first serving the document on a defendant. Attorney General may participate (2) The Attorney General of Canada is entitled to participate in the action, either as a party or otherwise. Notice of his or her decision to participate shall be given to the plaintiff and be included in the Environmental Registry within 45 days after the copy of the originating document is served on the Attorney General. Right of appeal (3) The Attorney General of Canada is entitled to appeal from a judgment in the action and to make submissions and present evidence in an appeal.
Canadian Environmental Protection Act, 1999 — C-15.31 28
Other participants 28 (1) A court may allow any person to participate in an environmental protection action in order to provide fair and adequate representation of the private and public interests involved. Manner and terms of participation (2) The court may determine the manner and terms of the person’s participation, including the payment of costs.
Canadian Environmental Protection Act, 1999 — C-15.31 29
Burden of proof 29 The offence alleged in an environmental protection action and the resulting significant harm are to be proved on a balance of probabilities.
Canadian Environmental Protection Act, 1999 — C-15.31 30
Defences 30 (1) The following defences are available in an environmental protection action: (a) the defence of due diligence in complying with this Act and the regulations; (b) the defence that the alleged conduct is authorized by or under an Act of Parliament; (c) except with respect to Her Majesty in right of Canada or a federal source, the defence that the alleged conduct is authorized by or under a law of a government that is the subject of an order made under subsection 10(3); and (d) the defence of officially induced mistake of law. Other defences not excluded (2) This section does not limit the availability of any other defences.
Canadian Environmental Protection Act, 1999 — C-15.31 31
Undertakings to pay damages 31 In deciding whether to dispense with an undertaking to pay damages caused by an interlocutory order in an environmental protection action, the court may consider any special circumstances, including whether the action is a test case or raises a novel point of law.
Canadian Environmental Protection Act, 1999 — C-15.31 32
Stay or dismissal 32 (1) A court may stay or dismiss an environmental protection action if it is in the public interest to do so. Factors to be considered (2) In deciding whether to stay or dismiss the action, the court may consider (a) environmental, health, safety, economic and social concerns; (b) whether the issues raised in the action would be better resolved in some other way; (c) whether the Minister has an adequate plan to correct or mitigate the harm to the environment or human, animal or plant life or health or otherwise to address the issues raised in the action; and (d) any other relevant matter.
Canadian Environmental Protection Act, 1999 — C-15.31 33
Remedies 33 If a court finds that the plaintiff is entitled to judgment in an environmental protection action, it may grant any relief mentioned in subsection 22(3).
Canadian Environmental Protection Act, 1999 — C-15.31 34
Orders to negotiate plans 34 (1) A court order to negotiate a plan to correct or mitigate the harm to the environment or human, animal or plant life or health may, to the extent that it is reasonable, practicable and ecologically sound, require the plan to provide for (a) the prevention, reduction or elimination of the harm; (b) the restoration of the environment; (c) the restoration of all uses, including enjoyment, of the environment affected by the offence; (d) the payment of money by the defendant as the court may direct to achieve the plan’s purposes; and (e) monitoring the implementation of the plan and the progress made in achieving its purposes. Before making the order, the court must take into account any efforts that the defendant has already made to deal with the harm. Other orders (2) The court may also make interlocutory or ancillary orders to ensure that the negotiation of the plan runs smoothly, including orders (a) for the payment of the costs of negotiation; (b) requiring the plaintiff or the defendant to prepare a draft of the plan; and (c) setting a time limit for the negotiations. Appointment of other person to prepare plan (3) The court may appoint a person who is not a party to prepare a draft plan if the parties cannot agree on the plan or the court is not satisfied with the plan that they negotiate. Order to prepare another plan (4) The court may order the parties to prepare another plan if it is not satisfied with the plan that they negotiate. Approval and effective date (5) The court may approve a plan that the parties negotiate or a plan prepared by a person appointed under subsection (3) and the approved plan comes into effect on a day determined by the court.
Canadian Environmental Protection Act, 1999 — C-15.31 35
Restriction on orders to negotiate plans 35 A court may not order the negotiation of a plan to correct or mitigate the harm to the environment or human, animal or plant life or health if it determines that (a) the harm has already been corrected or mitigated; or (b) adequate measures to correct or mitigate the harm have already been ordered under this Act or any other law in force in Canada.
Canadian Environmental Protection Act, 1999 — C-15.31 36
Settlement or discontinuance 36 An environmental protection action may be settled or discontinued only with the approval of the court and on terms that it considers appropriate.
Canadian Environmental Protection Act, 1999 — C-15.31 37
Settlements and orders 37 If an environmental protection action results in an order of a court or a settlement approved by a court, (a) the resolution of any question of fact by the order or settlement is binding on a court in any other environmental protection action in which that question arises; and (b) no other environmental protection action may be brought with respect to the offence or alleged offence dealt with by the order or settlement.
Canadian Environmental Protection Act, 1999 — C-15.31 38
Costs 38 In deciding whether to award costs in an environmental protection action, the court may consider any special circumstances, including whether the action is a test case or raises a novel point of law.
Canadian Environmental Protection Act, 1999 — C-15.31 39
Injunction 39 Any person who suffers, or is about to suffer, loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may seek an injunction from a court of competent jurisdiction ordering the person engaging in the conduct (a) to refrain from doing anything that it appears to the court causes or will cause the loss or damage; or (b) to do anything that it appears to the court prevents or will prevent the loss or damage.
Canadian Environmental Protection Act, 1999 — C-15.31 40
Civil cause of action 40 Any person who has suffered loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may, in any court of competent jurisdiction, bring an action to recover from the person who engaged in the conduct (a) an amount equal to the loss or damage proved to have been suffered by the person; and (b) an amount to compensate for the costs that the person incurs in connection with the matter and proceedings under this section.
Canadian Environmental Protection Act, 1999 — C-15.31 41
Evidence of offence 41 (1) In an action under this Part, the record of proceedings in any court in which a defendant was convicted of an offence under this Act is evidence that the defendant committed the offence. Certificate evidence of conviction (2) In the action, evidence that a defendant was convicted of an offence under this Act may be given by a certificate stating with reasonable particularity the conviction and sentence of the defendant. Signature of certificate (3) The certificate shall be signed by (a) the person who made the conviction; or (b) the clerk of the court in which the conviction was made. Once it is proved that the defendant is the offender mentioned in the certificate, it is evidence without proof of the signature or the official character of the person appearing to have signed it.
Canadian Environmental Protection Act, 1999 — C-15.31 42
Civil remedies not affected 42 (1) No civil remedy for any conduct is suspended or affected by reason only that the conduct is an offence under this Act. Remedies not repealed, etc. (2) Nothing in this Act shall be interpreted so as to repeal, remove or reduce any remedy available to any person under any law in force in Canada. Damages caused by a ship (3) No claim for damage caused by a ship may be made under this Act to the extent that a claim for that damage may be made under the Marine Liability Act or the Arctic Waters Pollution Prevention Act . 1999, c. 33, s. 42; 2001, c. 6, s. 112
Canadian Environmental Protection Act, 1999 — C-15.31 43
Definitions 43 The definitions in this section apply in this Part. fish has the meaning assigned by section 2 of the Fisheries Act . ( poissons ) hormone disrupting substance means a substance having the ability to disrupt the synthesis, secretion, transport, binding, action or elimination of natural hormones in an organism, or its progeny, that are responsible for the maintenance of homeostasis, reproduction, development or behaviour of the organism. ( substance hormonoperturbante )
Canadian Environmental Protection Act, 1999 — C-15.31
fish has the meaning assigned by section 2 of the Fisheries Act . ( poissons )
Canadian Environmental Protection Act, 1999 — C-15.31
hormone disrupting substance means a substance having the ability to disrupt the synthesis, secretion, transport, binding, action or elimination of natural hormones in an organism, or its progeny, that are responsible for the maintenance of homeostasis, reproduction, development or behaviour of the organism. ( substance hormonoperturbante )
Canadian Environmental Protection Act, 1999 — C-15.31 45
Role of Minister of Health 45 (1) The Minister of Health shall (a) conduct research and studies, including biomonitoring surveys, relating to the role of substances in illnesses or in health problems; (b) collect, process, correlate and publish on a periodic basis data from any research or studies done under paragraph (a); and (c) distribute available information to inform the public about the effects of substances on human health. Vulnerable populations (2) For greater certainty, the research and studies referred to in paragraph (1)(a) may relate to vulnerable populations. 1999, c. 33, s. 45 2023, c. 12, s. 8
Canadian Environmental Protection Act, 1999 — C-15.31 47
Guidelines 47 (1) The Minister shall issue guidelines respecting the use of the powers provided for by subsection 46(1) and, in issuing those guidelines, the Minister shall take into account any factor that the Minister considers relevant, including (a) the costs and benefits to the Minister and the person to whom the notice under subsection 46(1) is directed; (b) the co-ordination of requests for information with other governments, to the extent practicable; and (c) the manner in which the information collected under subsection 46(1) is to be used. Consultation (2) In carrying out the duties under subsection (1), 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. Minister may act (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) 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. 1999, c. 33, s. 47; 2017, c. 26, s. 63(E)
Canadian Environmental Protection Act, 1999 — C-15.31 48
National inventory 48 The Minister shall establish a national inventory of releases of pollutants using the information collected under section 46 and any other information to which the Minister has access, and may use any information to which the Minister has access to establish any other inventory of information.
Canadian Environmental Protection Act, 1999 — C-15.31 49
Publication in whole or in part 49 The notice published under subsection 46(1) must indicate whether or not the Minister intends to publish the information and, if so, whether in whole or in part.
Canadian Environmental Protection Act, 1999 — C-15.31 50
Publication of inventory 50 Subject to subsection 53(4), the Minister shall publish the national inventory of releases of pollutants in any manner that the Minister considers appropriate and may publish or give notice of the availability of any other inventory of information established under section 48, in any manner that the Minister considers appropriate.
Canadian Environmental Protection Act, 1999 — C-15.31 51
Request for confidentiality 51 A person who provides information to the Minister under subsection 46(1) may, if the Minister’s intention to publish the information has been indicated under section 49, submit with the information a written request, setting out a reason referred to in section 52, that the information be treated as confidential.
Canadian Environmental Protection Act, 1999 — C-15.31 52
Reasons 52 Despite Part 11, a request under section 51 may only be based on any of the following reasons: (a) the information constitutes a trade secret; (b) the disclosure of the information would likely cause material financial loss to, or prejudice to the competitive position of, the person providing the information or on whose behalf it is provided; and (c) the disclosure of the information would likely interfere with contractual or other negotiations being conducted by the person providing the information or on whose behalf it is provided.
Canadian Environmental Protection Act, 1999 — C-15.31 53
Additional justification 53 (1) The Minister may, after studying the reasons provided under section 52, require the person in question to provide, within 20 days and in writing, additional justification for the request for confidentiality. Extension of time (2) The Minister may extend the period mentioned in subsection (1) by up to 10 days if the extension is necessary to permit adequate preparation of the additional justification. Minister’s decision (3) In determining whether to accept or reject the request, the Minister shall consider whether the reasons are well-founded and, if they are, the Minister may nevertheless reject the request if (a) the disclosure is in the interest of the protection of the environment, public health or public safety; and (b) the public interest in the disclosure outweighs in importance (i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and (ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure. Acceptance of request (4) If the Minister accepts the request, the information shall not be published. Publication (5) If the Minister rejects the request, (a) the person has the right to ask the Federal Court to review the matter within 30 days after the person is notified that the request has been rejected or within any further time that the Court may, before the expiry of those 30 days, fix or allow; and (b) the Minister shall advise the person in question of the Minister’s intention to publish the information and of the person’s right to ask the Federal Court to review the matter. Applicable provisions (6) Where a person asks the Federal Court to review the matter under paragraph (5)(a), sections 45, 46 and 47 of the Access to Information Act apply, with any modifications that the circumstances require, in respect of a request for a review under that paragraph as if it were an application made under section 44 of that Act.
Canadian Environmental Protection Act, 1999 — C-15.31 54
Formulation by the Minister 54 (1) For the purpose of carrying out the Minister’s mandate related to preserving the quality of the environment, the Minister shall issue (a) environmental quality objectives specifying goals or purposes for pollution prevention or environmental control, including goals or purposes stated in quantitative or qualitative terms; (b) environmental quality guidelines specifying recommendations in quantitative or qualitative terms to support and maintain particular uses of the environment; (c) release guidelines recommending limits, including limits expressed as concentrations or quantities, for the release of substances into the environment from works, undertakings or activities; and (d) codes of practice respecting pollution prevention or specifying procedures, practices or release limits for environmental control relating to works, undertakings and activities during any phase of their development and operation, including the location, design, construction, start-up, closure, dismantling and clean-up phases and any subsequent monitoring activities. Scope of objectives, etc. (2) The objectives, guidelines and codes of practice referred to in subsection (1) shall relate to (a) the environment; (b) pollution prevention or the recycling, reusing, treating, storing or disposing of substances or reducing the release of substances into the environment; (c) works, undertakings or activities that affect or may affect the environment; or (d) the conservation of natural resources and sustainable development. Consultation (3) In carrying out the duties under subsection (1), 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. Minister may act (3.1) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (3), the Minister may act under subsection (1) 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. Publication (4) The Minister shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister considers appropriate.
Canadian Environmental Protection Act, 1999 — C-15.31 55
Formulation by the Minister of Health 55 (1) For the purpose of carrying out the mandate of the Minister of Health related to preserving and improving public health under this Act, the Minister of Health shall issue objectives, guidelines and codes of practice with respect to the elements of the environment that may affect the life and health of the people of Canada. Consultation (2) In carrying out the duties under subsection (1), the Minister of Health may consult with a government, a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the preservation and improvement of public health. Publication (3) The Minister of Health shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister of Health considers appropriate.
Canadian Environmental Protection Act, 1999 — C-15.31 56
Requirement for pollution prevention plans 56 (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of (a) a substance or group of substances specified on the list of toxic substances in Schedule 1; (b) a substance or group of substances with respect to which subsection 166(1) or 176(1) applies; or (c) a product that contains a substance specified on the list of toxic substances in Schedule 1 or that may release such a substance into the environment. Alternatives (1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product. Contents of notice (2) The notice may specify (a) the substance, group of substances or product in relation to which the plan is to be prepared; (b) the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared; (c) the factors to be considered in preparing the plan; (d) the period within which the plan is to be prepared; (e) the period within which the plan is to be implemented; and (f) any administrative matter necessary for the purposes of this Part. Extension of time (3) Where the Minister is of the opinion that further time is necessary to prepare or implement the plan, the Minister may extend the period for a person who submits a written request before the expiry of the period referred to in the notice or of any extended period. Publication of notice of extension (4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension. Application for waiver (5) On a written request submitted by any person to whom a notice under subsection (1) is directed, the Minister may waive the requirement for that person to consider a factor specified under paragraph (2)(c) where the Minister is of the opinion that it is not reasonable or practicable to consider the factor on the basis of reasons provided in the request. Progress reports (6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan. 1999, c. 33, s. 56 2023, c. 12, s. 10