GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 307
Disclosure of records 307 (1) Any record or information referred to in section 305 or 306 may be made available to (a) any judge or court for any purpose that relates to proceedings relating to offences that are committed or alleged to have been committed by the person to whom the record relates; (b) any prosecutor, enforcement officer or other peace officer (i) for the purpose of investigating an offence that the person is suspected on reasonable grounds of having committed, or in respect of which the person has been arrested or charged, or (ii) for any purpose that relates to the administration of the case to which the record relates; (c) any member of a department or agency of a government in Canada, or any agent of such a department or agency, that is (i) engaged in the administration of environmental protection alternative measures in respect of the person, or (ii) preparing a report in respect of the person under this Act; or (d) any other person who is deemed, or any person within a class of persons that is deemed, by a judge of a court to have a valid interest in the record, to the extent directed by the judge, if the judge is satisfied that the disclosure is (i) desirable in the public interest for research or statistical purposes, or (ii) desirable in the interest of the proper administration of justice, and if that person gives a written undertaking not to subsequently disclose the information except in accordance with subsection (2). Subsequent disclosure (2) Where a record is made available to a person under subparagraph (1)(d)(i), the person may subsequently disclose information contained in the record, but shall not disclose it in any form that could reasonably be expected to identify the person to whom it relates and any other person specified by the judge. Information, copies (3) Any person to whom a record is authorized to be made available under this section may be given any information that is contained in the record and may be given a copy of any part of the record. Evidence (4) Nothing in this section authorizes the introduction into evidence of any part of a record that would not otherwise be admissible in evidence. Exception for public access to court record (5) For greater certainty, this section does not apply to an agreement, a varied agreement or report that is filed with the court in accordance with section 300.
Canadian Environmental Protection Act, 1999 — C-15.31 308
Agreements respecting exchange of information 308 The Minister may enter into an agreement with a department or agency of a government in Canada respecting the exchange of information for the purpose of administering environmental protection alternative measures or preparing a report in respect of a person’s compliance with an agreement.
Canadian Environmental Protection Act, 1999 — C-15.31 309
Regulations 309 The Minister may make regulations respecting the environmental protection alternative measures that may be used for the purposes of this Act including regulations (a) excluding specified offences under this Act from the application of those measures; (b) prescribing the form and manner in which and the period within which an application to participate in the measures is to be made, and the information that must be contained in or accompany the application; (c) respecting the manner of preparing and filing reports relating to the administration of and compliance with agreements; (d) respecting the types of reasonable costs and the manner of paying the costs associated with supervising and verifying compliance with an agreement; and (e) respecting the terms and conditions that may be provided for in an agreement and their effects. 1999, c. 33, s. 309; 2017, c. 26, s. 63(E)
Canadian Environmental Protection Act, 1999 — C-15.31 310
Ticketing 310 (1) Despite anything in this Act, the Governor in Council may, by regulation, on the recommendation of the Minister, designate any offence under this Act as an offence with respect to which, despite the Criminal Code , an enforcement officer may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing to it the enforcement officer’s signature and delivering it to the person who is alleged to have committed the offence specified in it at the time the offence is alleged to have been committed. Regulations (2) Any regulations made under this section (a) shall establish a procedure for entering a plea and paying a fine in respect of each offence to which the regulations relate; (b) shall prescribe the amount of the fine to be paid in respect of each offence; and (c) may prescribe any other matter necessary to carry out the purposes of this section. Failure to respond to ticket (3) Where a person is served with a ticket and does not enter a plea within the time prescribed by the regulations, a justice shall examine the ticket and (a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person’s absence and impose a fine of the prescribed amount; or (b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.
Canadian Environmental Protection Act, 1999 — C-15.31 311
Injunction 311 (1) Where, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or (b) to do any act or thing that it appears to the court may prevent the commission of an offence under this Act. Notice (2) No injunction shall be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
Canadian Environmental Protection Act, 1999 — C-15.31 312
Defence 312 In a prosecution for a contravention of a provision of Division 5 of Part 7 by a company engaged in the business of assembling or altering vehicles, it is a defence for the company to establish that the contravention occurred as a result of work previously done on a vehicle by another company engaged in the manufacture of the vehicle.
Canadian Environmental Protection Act, 1999 — C-15.31 313
Request for confidentiality 313 (1) A person who provides information to the Minister under this Act, or to a board of review in respect of a notice of objection filed under this Act, may submit with the information a request that it be treated as confidential. Contents of request (2) A request for confidentiality shall be submitted, with reasons taking into account the criteria set out in paragraphs 20(1)(a) to (d) of the Access to Information Act , in writing and contain any supplementary information that may be prescribed. Review of requests (3) The Minister shall review a statistically valid representative sample of requests granted under subsection (1) and determine whether, in respect of each of those requests, the person who made the request demonstrated that it concerned any of the following: (a) trade secrets of any person; (b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person; (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person. Requests deemed not to have been made (4) If the Minister determines that the person who made the request did not demonstrate that the request, in whole or in part, concerned information described in any of paragraphs (3)(a) to (d), then, for the purpose of any part of the request that does not concern such information, the request is deemed not to have been made. Report — number of requests (5) The Minister shall include in the annual report required under section 342 the number of requests made under subsection (1), the number of requests reviewed, the number of requests that, in whole or in part, were deemed not to have been made and a summary of the information disclosed under sections 315 to 317.2. Designation (6) 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 this section. 1999, c. 33, s. 313 2023, c. 12, s. 50
Canadian Environmental Protection Act, 1999 — C-15.31 314
Prohibition of disclosure 314 The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with any of sections 315 to 317.2. 1999, c. 33, s. 314 2023, c. 12, s. 51
Canadian Environmental Protection Act, 1999 — C-15.31 315
Disclosure by Minister for public interest 315 (1) The Minister may disclose information, other than information in respect of which section 318 applies, where (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and (b) the public interest in the disclosure clearly 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. Notice of disclosure (2) Subject to subsection (3), at least 24 hours before disclosing any information under subsection (1), the Minister shall give notice of the proposed disclosure to the person who provided the information or on whose behalf it was provided. Exception (3) Notice under subsection (2) (a) is not required where the person to whom it is to be given cannot be found after reasonable efforts have been made to do so; or (b) may be given later than the time required by that subsection where an emergency exists.
Canadian Environmental Protection Act, 1999 — C-15.31 316
Certain purposes for which information may be disclosed 316 (1) Information may be disclosed (a) with the written consent of the person who provided it or on whose behalf it was provided; (b) as may be necessary for the purposes of the administration or enforcement of this Act; (c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada or a board or agency of the Government of Canada, if (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and (ii) the government, international organization, institution, other minister, board or agency undertakes to keep the information confidential; (d) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, where the government or organization undertakes to keep the information confidential; or (e) to a physician or prescribed medical professional who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency. Disclosure by physician, etc. (2) A physician or prescribed medical professional to whom information is disclosed under paragraph (1)(e) shall not disclose the information except as may be necessary for the purposes referred to in that paragraph. Disclosure of personal information (3) Personal information as defined in section 3 of the Privacy Act may not be disclosed under paragraph (1)(b) or (c) unless (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure. 1999, c. 33, s. 316 2023, c. 12, s. 52
Canadian Environmental Protection Act, 1999 — C-15.31 317
Disclosure by Minister 317 (1) The Minister may disclose information in respect of which a request for confidentiality has been made under section 313 where the Minister determines that the disclosure would not be prohibited under section 20 of the Access to Information Act . Application of certain provisions of Access to Information Act (2) Where the Minister intends to disclose information under subsection (1), sections 27, 28 and 44 of the Access to Information Act apply, with any modifications that the circumstances require, and, for that purpose, that information is deemed to be contained in a record that the Minister intends to disclose and any reference in those sections to the person who requested access shall be disregarded. Protection from civil proceeding or prosecution (3) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or against any person acting on behalf of or under the direction of the Minister, and no proceedings lie against the Crown for the disclosure in good faith of any information under this Act, for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or any other provision of the Access to Information Act if reasonable care is taken to give the required notice.
Canadian Environmental Protection Act, 1999 — C-15.31 317.1
Disclosure — substance 317.1 (1) The Minister may disclose the explicit chemical or biological name of a substance in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures: (a) to permit, under paragraph 84(1)(a), the manufacture or importation of the substance, subject to any conditions that are specified; (b) to prohibit the manufacture or importation of the substance under paragraph 84(1)(b); (c) to publish, in respect of the substance, a notice under subsection 85(1) or (4); or (d) to amend the Domestic Substances List in respect of the substance under subsection 87(3) or (4.1). Disclosure — living organism (2) The Minister may disclose the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures: (a) to permit, under paragraph 109(1)(a), the manufacture or importation of the living organism, subject to any conditions that are specified; (b) to prohibit the manufacture or importation of the living organism under paragraph 109(1)(b); (c) to publish, in respect of the living organism, a notice under subsection 110(1) or (4); or (d) to amend the Domestic Substances List in respect of the living organism under subsection 112(3) or (5). Disclosure — Ministers’ recommendation (3) The Minister shall disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Ministers recommend or have recommended to the Governor in Council the addition of the substance or the living organism to Part 1 or 2 of the list of toxic substances in Schedule 1 under subsection 90(1). 2023, c. 12, s. 53
Canadian Environmental Protection Act, 1999 — C-15.31 317.2
Disclosure after expiry 317.2 (1) The Minister may disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism after the expiry of a period of 10 years after the day on which a request for confidentiality under section 313 is made. Publication — notice of intent (2) The Minister shall publish a notice in the Canada Gazette of the Minister’s intention to disclose the explicit chemical or biological name under subsection (1) at least 60 days before the proposed disclosure. Comments (3) Within 60 days after the publication of the notice, the person who made the request for confidentiality or the person’s successor or assign may file with the Minister comments respecting (a) whether the public interest in the disclosure of the name clearly outweighs in importance (i) any material financial loss or prejudice to the competitive position of the person or the person’s successor or assign, and (ii) any damage to the privacy, reputation or human dignity of any person that may result from the disclosure of that name; and (b) whether the disclosure is prohibited under section 20 of the Access to Information Act . Notice of disclosure (4) At least 24 hours before disclosing the name under subsection (1), the Minister shall give notice of the proposed disclosure to the person who made the request for confidentiality or the person’s successor or assign. The notice is not required if the person to whom it is to be given cannot be found after reasonable efforts have been made to do so. Emergency (5) If an emergency exists, subsections (2) and (3) do not apply and the notice of disclosure required in subsection (4) may be given later than the time provided for in that subsection. 2023, c. 12, s. 53
Canadian Environmental Protection Act, 1999 — C-15.31 317.3
Report to Parliament 317.3 The Minister shall include in the annual report required by section 342 a report respecting the explicit chemical or biological names of substances and the explicit biological names of living organisms disclosed under section 317.1 or 317.2. 2023, c. 12, s. 53
Canadian Environmental Protection Act, 1999 — C-15.31 318
Hazardous Materials Information Review Act 318 Except as provided in sections 316 and 317, information in respect of which a request for confidentiality has been made under section 313 shall not be disclosed where (a) a claim for exemption has been filed in respect of the information under section 11 of the Hazardous Materials Information Review Act ; (b) the information is exempt under section 19 of that Act from the requirement in respect of which the exemption is claimed; and (c) the person claiming the exemption has disclosed the contents of the claim to the Minister.
Canadian Environmental Protection Act, 1999 — C-15.31 319
Regulations 319 The Governor in Council may make regulations prescribing (a) information that shall accompany a request made under section 313; and (b) medical professionals for the purposes of paragraph 316(1)(e).
Canadian Environmental Protection Act, 1999 — C-15.31 320
Non-disclosure by Minister of National Defence 320 Despite any other provision of this Act, the Minister of National Defence may refuse to disclose under this Part any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.
Canadian Environmental Protection Act, 1999 — C-15.31 321
Security requirements for disclosure 321 Any person, except an enforcement officer or analyst, who receives, obtains or has access to information under this Act shall comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of the information.
Canadian Environmental Protection Act, 1999 — C-15.31 322
Guidelines, programs and other measures 322 The Minister may establish guidelines, programs and other measures for the development and use of economic instruments and market-based approaches to further the purposes of this Act, respecting systems relating to (a) deposits and refunds; and (b) compliance units. 1999, c. 33, s. 322 2023, c. 26, s. 619
Canadian Environmental Protection Act, 1999 — C-15.31 323
Consultation 323 (1) In carrying out the responsibilities conferred by section 322, 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 quality of the environment or the preservation and improvement of public health. 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 322 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-15.31 324
Publication of guidelines and programs 324 The Minister shall publish any guidelines, programs and other measures established under section 322, or shall give notice of their availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.
Canadian Environmental Protection Act, 1999 — C-15.31 325
Regulations for systems relating to deposits and refunds 325 The Governor in Council may, in the exercise of a regulation-making power under section 93, 118 or 209, make regulations respecting systems relating to deposits and refunds, including regulations providing for, or imposing requirements respecting, (a) deposits, including the amount of any deposit and the substance, product containing a substance or activity in relation to which a deposit is required, the conditions for the use of a deposit and the conditions for and manner of paying a deposit; (b) the period during which a deposit may be held; (c) refunds, including the amount of any refund and the substance, product containing a substance or activity in relation to which a refund may be granted and the conditions for and manner of paying a refund; (d) the establishment of a fund for deposits, and the operation, management and administration of the fund; (e) the designation of a person to administer the fund for deposits and the conditions for the designation; (f) reports and forms related to deposits, refunds and the fund for deposits; (g) the maintenance of books and records for the administration of any regulation made under this section; and (h) the forfeiture of deposits, including unclaimed deposits and the conditions under which and the circumstances in which deposits may be forfeited. 1999, c. 33, s. 325; 2017, c. 26, s. 63(E)
Canadian Environmental Protection Act, 1999 — C-15.31 326
Regulations for compliance units systems 326 The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to compliance units, including regulations providing for, or imposing requirements respecting, (a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established; (b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system; (c) the description and nature of a compliance unit, including allowances, credits or coupons; (d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits; (e) the conditions related to the creation, distribution, trade, sale, use, variation or cancellation of a compliance unit; (f) the creation, operation and management of a public registry related to the system; (g) the conditions for the use of and participation in the system, including environmental or temporal limits; (h) reports and forms related to the system; and (i) the maintenance of books and records for the administration of any regulation made under this section. 1999, c. 33, s. 326 2023, c. 26, s. 620