Canadian Environmental Protection Act, 1999 — C-15.31 200.1
Interim orders 200.1 (1) The Minister may make an interim order, in respect of a substance, that contains any provision that may be contained in a regulation made under this Part, if (a) the substance (i) is not on the list established under regulations made under this Part and the Ministers believe that, if it enters the environment as a result of an environmental emergency, (A) it would have or may have an immediate or long-term harmful effect on the environment or its biological diversity, (B) it would constitute or may constitute a danger to the environment on which human life depends, or (C) it would constitute or may constitute a danger in Canada to human life or health, or (ii) is on that list and the Ministers believe that it is not adequately regulated; and (b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health. Effect of order (2) Subject to subsection (3), an interim order has effect (a) from the time it is made; and (b) as if it were a regulation made under this Part. Approval of Governor in Council (3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made. Consultation (4) The Governor in Council shall not approve an interim order unless the Minister has (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger. Recommendation of regulations (5) If the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Minister intends to recommend to the Governor in Council (a) that a regulation having the same effect as the order be made under this Part; and (b) if the order was made in respect of a substance that was not on the list established under regulations made under this Part, that the substance be added to that list. Contravention of unpublished order (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Cessation of effect (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of (a) the day it is repealed, (b) the day a regulation referred to in subsection (5) is made, and (c) two years after the order is made. Tabling of order (8) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (9) In order to comply with subsection (8), the interim order may be sent to the Clerk of the House if the House is not sitting. 2004, c. 15, s. 27