GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 201
Remedial measures 201 (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders, any person described in subsection (2) shall, as soon as possible in the circumstances, (a) notify an enforcement officer or any other person designated by regulation or interim order and provide a written report on the environmental emergency to the enforcement officer or other person; (b) take all reasonable emergency measures consistent with the protection of the environment and public safety (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; and (c) make a reasonable effort to notify any member of the public who may be adversely affected by the environmental emergency. Application (2) Subsection (1) applies to any person who (a) owns or has the charge, management or control of a substance immediately before the environmental emergency; or (b) causes or contributes to the environmental emergency. Report by other persons (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by regulation or interim order if their property is affected by the environmental emergency. Intervention by enforcement officer (4) Where any person fails to take any measures required under subsection (1), an enforcement officer may take those measures, cause them to be taken or direct any person referred to in subsection (2) to take them. Limitation on power of direction (5) Any direction of an enforcement officer under subsection (4) that is inconsistent with a requirement imposed by or under any other Act of Parliament is void to the extent of the inconsistency. Access to property (6) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (4) may enter and have access to any place or property and may do anything reasonable that may be necessary in the circumstances. Personal liability (7) Any person, other than a person described in subsection (2), who provides assistance or advice in taking the measures required by subsection (1) or who takes any measures authorized under subsection (4) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under those subsections unless it is established that the person acted in bad faith. 1999, c. 33, s. 201; 2004, c. 15, s. 28
Canadian Environmental Protection Act, 1999 — C-15.31 202
Voluntary report 202 (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order. Request for confidentiality (2) The person making the report may request that their identity and any information that could reasonably reveal their identity not be released. Requirement of confidentiality (3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the disclosure in writing. Employee protection (4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that (a) the employee has made a report under subsection (1); (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act. 1999, c. 33, s. 202; 2004, c. 15, s. 29
Canadian Environmental Protection Act, 1999 — C-15.31 203
Recovery of costs and expenses 203 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 201(4) from (a) any person referred to in paragraph 201(2)(a); and (b) any person referred to in paragraph 201(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency. 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 201(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency. 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-15.31 204
National notification and reporting system 204 (1) The Minister may establish, in cooperation with the governments of the provinces and aboriginal governments and government departments or agencies, a national system for the notification and reporting of environmental emergencies. Copies (2) Subject to section 314, any person may have access to and a copy of any information contained in the national system established under subsection (1).
Canadian Environmental Protection Act, 1999 — C-15.31 206
Definition of regulations 206 In this Part, regulations means regulations made under this Part.
Canadian Environmental Protection Act, 1999 — C-15.31 207
Application to Government, etc. 207 (1) This Part applies to (a) departments, boards and agencies of the Government of Canada; (b) federal works and undertakings; (c) aboriginal land, federal land, persons on that land and other persons in so far as their activities involve that land; and (d) Crown corporations, as defined in subsection 83(1) of the Financial Administration Act . Yukon (1.1) This Part does not apply to public real property under the administration and control of the Commissioner of Yukon pursuant to the Yukon Act . Limitation (2) This Part does not restrict any of the following powers in so far as they may be exercised in relation to air and all layers of the atmosphere above federal land or aboriginal land: (a) powers under the Aeronautics Act or a provision of any other Act of Parliament relating to aeronautics or air transportation; or (b) powers under the National Defence Act or a provision of any other Act of Parliament relating to national defence and security. 1999, c. 33, s. 207; 2002, c. 7, s. 125
Canadian Environmental Protection Act, 1999 — C-15.31 208
Minister shall establish 208 (1) The Minister shall establish objectives, guidelines and codes of practice for the purpose of carrying out the Minister’s duties and functions under this Part related to the quality of the environment. Consultation (2) In establishing an objective, a guideline or a code of practice under subsection (1), the Minister (a) shall offer to consult with the government of a territory if the objective, guideline or code of practice applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and (b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act . Minister may act (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.
Canadian Environmental Protection Act, 1999 — C-15.31 210
Non-application of regulations 210 Where the Governor in Council is of the opinion that provisions of any other Part of this Act or any other Act of Parliament, or regulations made under them, (a) are in force in respect of an aspect of the protection of the environment, (b) apply to a federal work or undertaking, federal land or aboriginal land, and (c) provide sufficient protection to the environment and human health, the Governor in Council may make an order stating that opinion and, if such an order is made, regulations made under this Part relating to the same aspect do not apply to the federal work or undertaking, the federal land or the aboriginal land.
Canadian Environmental Protection Act, 1999 — C-15.31 211
Minister may require information 211 (1) For the purpose of making regulations, the Minister may require information from any person who carries on, or proposes to carry on, a federal work or undertaking or an activity on federal land or aboriginal land. Kind of information (2) The required information shall be information that will enable the Minister to determine any environmental effects that the work, undertaking or activity may have, and it may include (a) plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity; and (b) analyses, samples, evaluations, studies or other information relating to the environment that is or is likely to be affected by the work, undertaking or activity.
Canadian Environmental Protection Act, 1999 — C-15.31 212
Report and remedial measures 212 (1) If a substance is released into the environment in contravention of a regulation, or if there is a likelihood of such a release, a person described in subsection (2) shall, as soon as possible in the circumstances, (a) subject to the regulations, notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person; (b) take all reasonable measures consistent with the protection of the environment and public safety to prevent or eliminate any dangerous condition or minimize any danger to the environment or to human life or health that results from the release or may reasonably be expected to result if the substance is released; and (c) make a reasonable effort to notify any members of the public who may be adversely affected by the release or likely release. Application of subsection (1) (2) Subsection (1) applies to any person who (a) owns or has the charge, management or control of the substance immediately before its release or its likely release into the environment; or (b) causes or contributes to the release or increases the likelihood of the release. Report by other persons (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report a release of a substance to an enforcement officer or to a person designated by the regulations if their property is affected by the release and they know that the substance has been released in contravention of a regulation. Intervention by enforcement officer (4) Where measures required by subsection (1) are not taken, an enforcement officer may take them, have them taken or direct a person described in subsection (2) to take them. Limitation on direction (5) If the direction to the person described in subsection (2) is inconsistent with a requirement imposed by or under any other Act of Parliament, it is void to the extent of the inconsistency. Access to property (6) An enforcement officer or other person authorized or required to take measures under subsection (1) or (4) may, for the purpose of taking those measures, enter and have access to any place or property and may do anything reasonable that may be necessary in the circumstances. Personal liability (7) A person who provides assistance or advice in taking the measures required by subsection (1), or who takes any measures authorized under subsection (4), is not personally liable either civilly or criminally for any act or omission in the course of providing assistance or advice or taking any measures under those subsections, unless it is established that the person acted in bad faith.
Canadian Environmental Protection Act, 1999 — C-15.31 213
Voluntary report 213 (1) If a person knows about a release or likely release of a substance into the environment in contravention of a regulation but the person is not required to report the matter under this Act, the person may report any information about the release or likely release to an enforcement officer or to a person designated by the regulations. Request for confidentiality (2) The person making the report may request that their identity and any information that could reasonably reveal their identity not be released. Requirement of confidentiality (3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the disclosure in writing. Employee protection (4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that (a) the employee has made a report under subsection (1); (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act.
Canadian Environmental Protection Act, 1999 — C-15.31 214
Recovery of costs and expenses 214 (1) The costs and expenses related to taking any measures under subsection 212(4) may be recovered by Her Majesty in right of Canada from (a) any person referred to in paragraph 212(2)(a); and (b) any person referred to in paragraph 212(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the release. Reasonably incurred (2) The costs and expenses may only be recovered to the extent that they have been reasonably incurred in the circumstances. Liability (3) Persons from whom the costs and expenses may be recovered are jointly and severally liable or solidarily liable for them. However, a person mentioned in paragraph 212(2)(b) is not liable to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the release. Recourse or indemnity (4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.
Canadian Environmental Protection Act, 1999 — C-15.31 215
Court and costs 215 (1) A claim under section 214 may be recovered with costs in any court of competent jurisdiction. Limitation period (2) Where events giving rise to the claim occur, no proceedings in respect of the claim may be instituted more than five years after the date on which the events occur or the Minister becomes aware of them, whichever is later. Minister’s certificate (3) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under section 214 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-15.31 216
Definitions 216 The definitions in this section apply in this Part. conveyance includes any vehicle, ship or aircraft. ( moyen de transport ) foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act . ( étranger ) place includes any platform anchored at sea, shipping container or conveyance. ( lieu ) substance includes hazardous wastes, hazardous recyclable material or non-hazardous waste, as those expressions are defined by regulations made under section 191, and waste or other matter listed in Schedule 5. ( substance ) Tribunal means the Environmental Protection Tribunal of Canada established by subsection 243(1). ( Tribunal ) 1999, c. 33, s. 216; 2005, c. 23, s. 28 2026, c. 3, s. 508
Canadian Environmental Protection Act, 1999 — C-15.31
conveyance includes any vehicle, ship or aircraft. ( moyen de transport )
Canadian Environmental Protection Act, 1999 — C-15.31
foreign national has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act . ( étranger )
Canadian Environmental Protection Act, 1999 — C-15.31
place includes any platform anchored at sea, shipping container or conveyance. ( lieu )
Canadian Environmental Protection Act, 1999 — C-15.31
substance includes hazardous wastes, hazardous recyclable material or non-hazardous waste, as those expressions are defined by regulations made under section 191, and waste or other matter listed in Schedule 5. ( substance )
Canadian Environmental Protection Act, 1999 — C-15.31
Tribunal means the Environmental Protection Tribunal of Canada established by subsection 243(1). ( Tribunal )
Canadian Environmental Protection Act, 1999 — C-15.31 216.1
Definition of ship that is not a Canadian ship 216.1 (1) For the purpose of subsections 217(6), 218(16) and (17) and 220(5.1) and section 275.1, a ship that is not a Canadian ship does not include a ship that (a) that is not registered, listed or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is (i) a Canadian citizen, (ii) in the case of a vessel that is not required to be registered, listed or licensed under that Act, a person who is resident and domiciled in Canada, or (iii) a corporation incorporated under the laws of Canada or a province, that has its principal place of business in Canada; or (b) that is not registered, listed or licensed under the Canada Shipping Act, 2001 but is owned or operated by Her Majesty in right of Canada. Definition of committed in the course of enforcement of this Act (2) For the purpose of subsections 217(4) and 271.1(2), sections 275.1 and 278.1 and subsections 279(1) and (3), committed in the course of enforcement of this Act means committed by or against a person who is engaged in carrying out duties or functions, or exercising a power, under this Act or a person acting under their direction and control. 2005, c. 23, ss. 29, 51
Canadian Environmental Protection Act, 1999 — C-15.31 217
Designation 217 (1) The Minister may designate as enforcement officers or analysts for the purposes of this Act, or any provision of this Act, (a) persons or classes of persons who, in the Minister’s opinion, are qualified to be so designated; and (b) with the approval of a government, persons or classes of persons employed by the government in the administration of a law respecting the protection of the environment. Production of certificate of designation (2) Every enforcement officer or analyst shall be furnished with a certificate of designation as an enforcement officer or analyst, as the case may be, and on entering any place under section 218 or 220, as the case may be, shall, if so requested, produce the certificate to the person in charge of the place. Powers of enforcement officers (3) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons. Powers in exclusive economic zone (4) Every power — including arrest, entry, search and seizure — that may be exercised in Canada in respect of an offence under this Act or the Criminal Code may, in respect of an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division, or in respect of an offence under the Criminal Code that is committed in the course of enforcement of this Act, be exercised in an area of the sea referred to in paragraph 122(2)(c) if the offence was committed in that area of the sea. Exercising powers in cases of hot pursuit (5) The powers referred to in subsection (4) may be exercised in an area of the sea referred to in paragraph 122(2)(g) if hot pursuit has been commenced in Canada or in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g). When consent of Attorney General of Canada required (6) The powers referred to in subsection (4) may not be exercised under that subsection or subsection (5) in relation to a ship that is not a Canadian ship, or to a foreign national who is on board such a ship, without the consent of the Attorney General of Canada. 1999, c. 33, s. 217; 2005, c. 23, s. 30
Canadian Environmental Protection Act, 1999 — C-15.31 217.1
Immunity 217.1 Enforcement officers and analysts are not personally liable for anything they do or omit to do in good faith while carrying out duties or exercising powers under this Act, including any failure to exercise a discretionary authority. 2009, c. 14, s. 53