GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31
release includes discharge, spray, inject, inoculate, abandon, deposit, spill, leak, seep, pour, emit, empty, throw, dump, place and exhaust. ( rejet )
Canadian Environmental Protection Act, 1999 — C-15.31
sell includes to offer for sale or lease, have in possession for sale or lease or deliver for sale or lease. ( vente )
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
substance means any distinguishable kind of organic or inorganic matter, whether animate or inanimate, and includes (a) any matter that is capable of being dispersed in the environment or of being transformed in the environment into matter that is capable of being so dispersed or that is capable of causing such transformations in the environment, (b) any element or free radical, (c) any combination of elements of a particular molecular identity that occurs in nature or as a result of a chemical reaction, and (d) complex combinations of different molecules that originate in nature or are the result of chemical reactions but that could not practicably be formed by simply combining individual constituents, and, except for the purposes of sections 66 to 66.2, 80 to 89 and 104 to 115, includes (e) any mixture that is a combination of substances and does not itself produce a substance that is different from the substances that were combined, (f) any manufactured item that is formed into a specific physical shape or design during manufacture and has, for its final use, a function or functions dependent in whole or in part on its shape or design, and (g) any animate matter that is, or any complex mixtures of different molecules that are, contained in effluents, emissions or wastes that result from any work, undertaking or activity. ( substance )
Canadian Environmental Protection Act, 1999 — C-15.31
sustainable development means development that meets the needs of the present without compromising the ability of future generations to meet their own needs. ( développement durable )
Canadian Environmental Protection Act, 1999 — C-15.31
transient reaction intermediate means a substance that is formed and consumed in the course of a chemical reaction. ( intermédiaire de réaction )
Canadian Environmental Protection Act, 1999 — C-15.31
transit means, except for the purposes of sections 139 and 155, the portion of an international transboundary movement of waste or material referred to in subsection 185(1) through the territory of a country that is neither the country of origin nor the country of destination of the movement. ( transit )
Canadian Environmental Protection Act, 1999 — C-15.31
undertaking includes a business. ( Version anglaise seulement )
Canadian Environmental Protection Act, 1999 — C-15.31
vulnerable population means a group of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be at an increased risk of experiencing adverse health effects from exposure to substances. ( population vulnérable )
Canadian Environmental Protection Act, 1999 — C-15.31 5
Binding on Her Majesty 5 This Act is binding on Her Majesty in right of Canada or a province.
Canadian Environmental Protection Act, 1999 — C-15.31 5.1
Implementation framework 5.1 (1) For the purposes of paragraph 2(1)(a.2), the Ministers shall, within two years after the day on which this section comes into force, develop an implementation framework to set out how the right to a healthy environment will be considered in the administration of this Act. Right to a healthy environment (1.1) Without limiting the generality of subsection (1), the implementation framework shall set out (a) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment. Content (2) The implementation framework, in a manner consistent with the purposes of this Act, shall, among other things, elaborate on (a) the principles to be considered in the administration of this Act, such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity, according to which it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs; (b) research, studies or monitoring activities to support the protection of the right to a healthy environment referred to in paragraph 2(1)(a.2); (c) the relevant factors to be taken into account in interpreting and applying that right and in determining the reasonable limits to which it is subject, including social, health, scientific and economic factors; and (d) mechanisms to support the protection of that right. Consultation (3) In developing the implementation framework, the Ministers shall consult any interested persons. Publication (4) The Minister shall publish the implementation framework in the manner that the Minister considers appropriate. Report (5) The Minister shall include in the annual report required by section 342 a report on the implementation of the framework. 2023, c. 12, s. 5
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National Advisory Committee 6 (1) For the purpose of enabling national action to be carried out and taking cooperative action in matters affecting the environment and for the purpose of avoiding duplication in regulatory activity among governments, the Minister shall establish a National Advisory Committee (a) to advise the Ministers on regulations proposed to be made under subsection 93(1); (b) to advise the Minister on a cooperative, coordinated intergovernmental approach for the management of toxic substances; and (c) to advise the Minister on other environmental matters that are of mutual interest to the Government of Canada and other governments and to which this Act relates. Precautionary principle (1.1) In giving its advice and recommendations, the Committee shall use the precautionary principle. Composition of Committee (2) The Committee shall consist of the following members: (a) one representative for each of the Ministers; (b) one representative of the government of each of the provinces; and (c) subject to subsection (3), not more than six representatives of aboriginal governments, to be selected on the following regional basis, (i) one representative for all aboriginal governments, except Inuit, in Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick, (ii) one representative for all aboriginal governments, except Inuit, in Quebec, (iii) one representative for all aboriginal governments, except Inuit, in Ontario, (iv) one representative for all aboriginal governments, except Inuit, in Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut, (v) one representative for all aboriginal governments, except Inuit, in British Columbia and Yukon, and (vi) one representative for all Inuit aboriginal governments. Provincial representatives (2.1) The representative of a provincial government shall be selected by that government. Aboriginal representatives (2.2) Subject to subsection (3), the representative of aboriginal governments shall be selected by the aboriginal governments he or she represents. Inuit aboriginal representatives (2.3) Subject to subsection (3), the representative of Inuit aboriginal governments shall be selected by those governments. Absence of aboriginal government (3) Where there is no Inuit aboriginal government or aboriginal government for a region referred to in any of subparagraphs (2)(c)(i) to (v), the representative of the Inuit or of aboriginal people for the region, as the case may be, may be selected in accordance with regulations made under subsection (4). Regulations (4) The Minister may make regulations respecting the manner of selecting a representative under subsection (3). 1999, c. 33, s. 6; 2002, c. 7, s. 124; 2015, c. 3, s. 172
Canadian Environmental Protection Act, 1999 — C-15.31 7
Ministerial advisory committees 7 (1) For the purpose of carrying out their duties under this Act, the Ministers or either Minister may (a) establish advisory committees to report to the Ministers or either Minister; and (b) specify the functions that the committees are to perform and the manner in which those functions are to be performed. Publication of report (2) The report of a committee established under subsection (1), including its recommendations and reasons, shall be made public.
Canadian Environmental Protection Act, 1999 — C-15.31 8
Report of various committees 8 The Minister shall include in the annual report required by section 342 a report of the activities of the Committee and of any committees established under paragraph 7(1)(a).
Canadian Environmental Protection Act, 1999 — C-15.31 9
Negotiation of agreement 9 (1) The Minister may negotiate an agreement with a government or with an aboriginal people with respect to the administration of this Act. Publication of negotiated agreements (2) The Minister shall publish any agreement negotiated under subsection (1) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Comments or objections (3) Within 60 days after the publication of an agreement or notice of its availability under subsection (2), any person may file with the Minister comments or a notice of objection. Publication by Minister of results (4) After the end of the period of 60 days referred to in subsection (3), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with. Entering into agreements (5) The Minister may, after publishing a report or notice under subsection (4), (a) with the approval of the Governor in Council, enter into an agreement with a government or an aboriginal people with respect to the administration of this Act; and (b) subject to any terms and conditions that the Governor in Council may specify in the approval, agree to amendments of the agreement. Publication of final agreements (6) The Minister shall publish any agreement under subsection (5), or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Termination (7) An agreement made under subsection (5) may be terminated by either party giving the other at least three months notice. Annual report (8) The Minister shall include in the annual report required by section 342 a report on the administration of this Act under agreements made under subsection (5). Action not limited by Agreement (9) No agreement made under this section shall limit or restrict the carrying out of any action the Minister deems necessary for the administration and enforcement of this Act, including the conduct of inspections or investigations. 1999, c. 33, s. 9 2026, c. 3, s. 595
Canadian Environmental Protection Act, 1999 — C-15.31 10
Non-application of regulations 10 (1) Except with respect to Her Majesty in right of Canada, the provisions of a regulation made under subsection 93(1), 200(1) or 209(1) or (2) do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction. Non-application of regulations (2) Except with respect to a federal source, the provisions of a regulation made under section 167 or 177 do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction. Declaration of equivalent provisions (3) Subject to subsections (4), (5) and (6), where the Minister and a government agree in writing that there are in force by or under the laws applicable to the jurisdiction of the government (a) provisions that are equivalent in effect to a regulation made under a provision referred to in subsection (1) or (2), and (b) provisions that are similar to sections 17 to 20 for the investigation of alleged offences under environmental legislation of that jurisdiction, the Governor in Council may, on the recommendation of the Minister, make an order declaring that the provisions of the regulation do not apply in an area under the jurisdiction of the government. Publication of agreements (4) The Minister shall publish any agreement referred to in subsection (3) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Comments or objections (5) Within 60 days after the publication of an agreement or notice of its availability under subsection (4), any person may file with the Minister comments or a notice of objection. Publication by Minister of results (6) After the end of the period of 60 days referred to in subsection (5), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with. Publication of final agreements (7) The Minister shall publish any agreement referred to in subsection (3) after it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Termination (8) An agreement made under subsection (3) may be terminated by either party giving the other at least three months notice. Revocation of order (9) The Governor in Council may, on the recommendation of the Minister, revoke an order made under subsection (3) if the agreement referred to in that subsection terminates or is terminated. Report to Parliament (10) The Minister shall include in the annual report required by section 342 a report on the administration of this section. 1999, c. 33, s. 10 2026, c. 3, s. 596
Canadian Environmental Protection Act, 1999 — C-15.31 11
Definition of environmental protection action 11 In this Part, environmental protection action means an action under section 22.
Canadian Environmental Protection Act, 1999 — C-15.31 12
Establishment of Environmental Registry 12 The Minister shall establish a registry, to be called the Environmental Registry, for the purpose of facilitating access to documents relating to matters under this Act.
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Contents of Environmental Registry 13 (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Ministers or either Minister under this Act, and shall also include, subject to the Access to Information Act and the Privacy Act , (a) notices of objection and of any approval granted under this Act; (b) a copy of every policy and of every proposed regulation or order made under this Act; and (c) copies of documents submitted to a court by the Minister relating to any environmental protection action. Form and manner of Environmental Registry (2) The Minister may determine the form of the Environmental Registry and how it is to be kept, so long as the registry is publicly accessible and searchable and is in electronic form. 1999, c. 33, s. 13 2023, c. 12, s. 5.1
Canadian Environmental Protection Act, 1999 — C-15.31 14
Protection from civil proceeding or prosecution 14 (1) Despite any other Act of Parliament, no civil or criminal proceedings may be brought against any person mentioned in subsection (2) for the full or partial disclosure in good faith of any notice or other document through the Environmental Registry or any consequences of its disclosure. Persons protected (2) The persons against whom the proceedings may not be brought are Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister.
Canadian Environmental Protection Act, 1999 — C-15.31 15
Additional rights 15 The rights conferred by this Part are in addition to the right to request, under section 76, that a substance be assessed, the right to file a notice of objection under Parts 1, 7 and 11 and the right to request under Parts 7 and 11 that a board of review be established under section 333. 1999, c. 33, s. 15 2023, c. 12, s. 6
Canadian Environmental Protection Act, 1999 — C-15.31 16
Voluntary reports 16 (1) Where a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or any person to whom a report may be made under this Act. Request for confidentiality (2) The person making the report may request that their identity, and any information that could reasonably be expected to reveal their identity, not be disclosed. Requirement for confidentiality (3) No person shall disclose or cause to be disclosed the identity of a person who makes a request under subsection (2) or any information that could reasonably be expected to reveal their identity unless the person 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 17
Application for investigation by Minister 17 (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Act that the individual alleges has occurred. Statement to accompany application (2) The application shall include a solemn affirmation or declaration (a) stating the name and address of the applicant; (b) stating that the applicant is at least 18 years old and a resident of Canada; (c) stating the nature of the alleged offence and the name of each person alleged to have contravened, or to have done something in contravention of, this Act or the regulations; and (d) containing a concise statement of the evidence supporting the allegations of the applicant. Form (3) The Minister may prescribe the form in which an application under this section is required to be made.
Canadian Environmental Protection Act, 1999 — C-15.31 18
Investigation by Minister 18 The Minister shall acknowledge receipt of the application within 20 days of the receipt and shall investigate all matters that the Minister considers necessary to determine the facts relating to the alleged offence.
Canadian Environmental Protection Act, 1999 — C-15.31 19
Progress reports 19 After acknowledging receipt of the application, the Minister shall report to the applicant every 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take, and the Minister shall include in the report an estimate of the time required to complete the investigation or to implement the action, but a report is not required if the investigation is discontinued before the end of the 90 days.
Canadian Environmental Protection Act, 1999 — C-15.31 20
Minister may send evidence to Attorney General of Canada 20 At any stage of an investigation, the Minister may send any documents or other evidence to the Attorney General of Canada for consideration of whether an offence has been or is about to be committed under this Act and for any action that the Attorney General may wish to take.
Canadian Environmental Protection Act, 1999 — C-15.31 21
Discontinuation of investigation 21 (1) The Minister may discontinue the investigation if the Minister is of the opinion that (a) the alleged offence does not require further investigation; or (b) the investigation does not substantiate the alleged offence. Report (2) If the investigation is discontinued, the Minister shall (a) prepare a report in writing describing the information obtained during the investigation and stating the reasons for its discontinuation; and (b) send a copy of the report to the applicant and to any person whose conduct was investigated. A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them.
Canadian Environmental Protection Act, 1999 — C-15.31 22
Circumstances when an individual may bring an action 22 (1) An individual who has applied for an investigation may bring an environmental protection action if (a) the Minister failed to conduct an investigation and report within a reasonable time; or (b) the Minister’s response to the investigation was unreasonable. Nature of the action (2) The action may be brought in any court of competent jurisdiction against a person who committed an offence under this Act that (a) was alleged in the application for the investigation; and (b) caused significant harm to the environment. Relief that may be claimed (3) In the action, the individual may claim any or all of the following: (a) a declaratory order; (b) an order, including an interlocutory order, requiring the defendant to refrain from doing anything that, in the opinion of the court, may constitute an offence under this Act; (c) an order, including an interlocutory order, requiring the defendant to do anything that, in the opinion of the court, may prevent the continuation of an offence under this Act; (d) an order to the parties to negotiate a plan to correct or mitigate the harm to the environment or to human, animal or plant life or health, and to report to the court on the negotiations within a time set by the court; and (e) any other appropriate relief, including the costs of the action, but not including damages.
Canadian Environmental Protection Act, 1999 — C-15.31 23
Limitation period of two years 23 (1) An environmental protection action may be brought only within a limitation period of two years beginning when the plaintiff becomes aware of the conduct on which the action is based, or should have become aware of it. Time during investigation not included (2) The limitation period does not include any time following the plaintiff’s application for an investigation, but before the plaintiff receives a report under subsection 21(2).
Canadian Environmental Protection Act, 1999 — C-15.31 24
No action for remedial conduct 24 An environmental protection action may not be brought if the alleged conduct (a) was taken (i) to correct or mitigate harm or the risk of harm to the environment or to human, animal or plant life or health, or (ii) to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization; and (b) was reasonable and consistent with public safety.
Canadian Environmental Protection Act, 1999 — C-15.31 25
Exception 25 An environmental protection action may not be brought against a person if the person was convicted of an offence under this Act, or environmental protection alternative measures within the meaning of Part 10 were used to deal with the person, in respect of the alleged conduct on which the action is based.