GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 240
Recovery of reasonable costs and expenses by Her Majesty 240 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 239(1) from (a) any person referred to in paragraph 235(3)(a); and (b) any person referred to in paragraph 235(3)(b) to the extent of the person’s negligence in causing or contributing to the alleged contravention. 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) The persons referred to in subsection (1) are jointly and severally, or solidarily, liable for the costs and expenses referred to in that subsection. Limitation (4) A person referred to in paragraph 235(3)(b) shall not be held liable under subsection (3) to an extent greater than the extent of their negligence in causing or contributing to the alleged contravention. 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. 1999, c. 33, s. 240; 2009, c. 14, s. 66
Canadian Environmental Protection Act, 1999 — C-15.31 241
Variation or cancellation of order 241 (1) As long as the Tribunal is not seized of a request for the review of an order, the enforcement officer may, after giving reasonable notice, (a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to the order. Notice of intent (2) Except in exigent circumstances, the enforcement officer shall, wherever practicable, before exercising a power under paragraph (1)(a) or (d), (a) provide an oral or a written notice of the intent of the enforcement officer to do so to every person who will be subject to the order; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (3) A notice of intent to exercise a power under paragraph (1)(a) shall include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the power will be exercised; and (c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice. Limitations on exercise of enforcement officer’s powers (4) An enforcement officer shall not exercise any of the powers referred to in paragraph (1)(a), (b) or (d) if doing so would result in (a) impairment or serious risk of impairment of the quality of the environment for any use that can be made of it; (b) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or (c) danger to the health or safety of any person. 1999, c. 33, s. 241; 2009, c. 14, s. 67 2026, c. 3, s. 510
Canadian Environmental Protection Act, 1999 — C-15.31 242
Regulations 242 The Minister may make regulations (a) prescribing the form of reporting to enforcement officers under subparagraph 235(4)(f)(ii) and specifying the information required to be contained in or to accompany the report; and (b) of either particular or general application, respecting representations made to enforcement officers under subsection 237(1) or 241(2).
Canadian Environmental Protection Act, 1999 — C-15.31 243
Establishment 243 (1) There is established a tribunal, to be known as the Environmental Protection Tribunal of Canada, consisting of members appointed by the Minister on either a full-time or a part-time basis. Appointment of Chairperson (2) The Minister is to appoint one of the members as Chairperson of the Tribunal. 1999, c. 33, s. 243 2026, c. 3, s. 511
Canadian Environmental Protection Act, 1999 — C-15.31 244
Head office 244 The Tribunal’s head office is to be in the National Capital Region , as defined in section 2 of the National Capital Act . 1999, c. 33, s. 244 2026, c. 3, s. 511
Canadian Environmental Protection Act, 1999 — C-15.31 245
Chairperson 245 (1) The Chairperson has supervision over and direction of the activities of the Tribunal, including (a) the apportionment of work among members and the assignment of members to hear matters brought before the Tribunal and, when the Tribunal sits in panels, the assignment of members to panels; and (b) the management of the Tribunal’s internal affairs. Chairperson absent or unable to act (2) If the Chairperson is absent or unable to act or if the office is vacant, the Minister is to designate another member of the Tribunal to perform the functions of the Chairperson. 1999, c. 33, s. 245 2026, c. 3, s. 511
Canadian Environmental Protection Act, 1999 — C-15.31 246
Term of members 246 Members of the Tribunal are to be appointed to hold office during good behaviour for a renewable term of not more than three years, but may be removed by the Minister at any time for cause. 1999, c. 33, s. 246 2026, c. 3, s. 511
Canadian Environmental Protection Act, 1999 — C-15.31 247
Knowledge 247 A person is not eligible to be appointed as a member of the Tribunal unless the person is knowledgeable about the conservation and protection of the Canadian environment, environmental and human health, administrative law as it relates to environmental regulation or traditional aboriginal ecological knowledge. 1999, c. 33, s. 247; 2009, c. 14, s. 68 2026, c. 3, s. 511
Canadian Environmental Protection Act, 1999 — C-15.31 248
Other employment 248 Members of the Tribunal must not accept or hold any office or employment inconsistent with their functions under this Act. 1999, c. 33, s. 248 2026, c. 3, s. 511
Canadian Environmental Protection Act, 1999 — C-15.31 249
Remuneration 249 (1) Members of the Tribunal are to be paid the remuneration that is fixed by the Governor in Council. Expenses (2) Members of the Tribunal are entitled to be paid (a) reasonable travel and other expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of work; and (b) any other reasonable expenses incurred by them in the course of their duties under this Act. Accident compensation (3) Members of the Tribunal are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act . Public Service Superannuation Act (4) Full-time members of the Tribunal are deemed to be employed in the public service for the purposes of the Public Service Superannuation Act . 1999, c. 33, s. 249 2026, c. 3, s. 512
Canadian Environmental Protection Act, 1999 — C-15.31 250
Acting after expiry of term 250 If the term of a member of the Tribunal ends before they have made a decision in respect of a matter, they may, with the authorization of the Chairperson, continue, during a period of not more than 180 days, to act as a member in respect of that matter. 1999, c. 33, s. 250 2026, c. 3, s. 513
Canadian Environmental Protection Act, 1999 — C-15.31 253
Immunity 253 No criminal or civil proceedings lie against a member of the Tribunal for anything done or omitted to be done in good faith in performing any of their functions under this Act. 1999, c. 33, s. 253 2026, c. 3, s. 514
Canadian Environmental Protection Act, 1999 — C-15.31 254
Crown not relieved 254 Section 253 does not, by reason of section 10 of the Crown Liability and Proceedings Act , relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
Canadian Environmental Protection Act, 1999 — C-15.31 255
Liability 255 Members of the Tribunal are servants of His Majesty in right of Canada for the purposes of the law of tort or of extracontractual civil liability. 1999, c. 33, s. 255 2026, c. 3, s. 515
Canadian Environmental Protection Act, 1999 — C-15.31 256
Request for review 256 (1) Any person to whom an order is directed may, by notice in writing given to the Tribunal within 30 days after the day on which the person receives a copy of the written order or the day on which the oral order is given, make a request to the Tribunal for a review of the order. Extension of period for request (2) The Chairperson, or any member of the Tribunal that they may designate, may extend the period within which a request for a review may be made if, in their opinion, it is in the public interest to do so. 1999, c. 33, s. 256 2026, c. 3, s. 516
Canadian Environmental Protection Act, 1999 — C-15.31 257
Review 257 When the Tribunal receives a notice requesting the review of an order, the Chairperson must conduct the review or designate a member, or a panel of three members, of the Tribunal to conduct it. 1999, c. 33, s. 257; 2009, c. 14, s. 69 2026, c. 3, s. 516
Canadian Environmental Protection Act, 1999 — C-15.31 258
No automatic stay on appeal 258 (1) Subject to subsection (2), the request for a review does not suspend the operation of an order. Suspension on application (2) The Tribunal may, on application made by a person subject to the order before the beginning of the hearing, suspend the operation of the order if the Tribunal considers it appropriate in the circumstances and, in that case, impose on all the persons subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment and public safety. Suspension of 180 day period (3) Where the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed. 1999, c. 33, s. 258 2026, c. 3, s. 517(E) 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 259
Right to appear 259 All parties to the review, including the Minister, may appear in person or may be represented by counsel or by an agent.
Canadian Environmental Protection Act, 1999 — C-15.31 260
Powers 260 (1) The Tribunal may summon any person to appear as a witness before the Tribunal and may order the witness to (a) give evidence orally or in writing; and (b) produce any documents and things that the Tribunal considers necessary or desirable for the purpose of performing any of the Tribunal’s functions. Fees for witnesses (2) A witness who is served with a summons under subsection (1) is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled. 1999, c. 33, s. 260 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 261
Enforcement of summonses and orders 261 Any summons issued or order made under subsection 260(1) may be made a summons or order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons or order of that court. 1999, c. 33, s. 261 2026, c. 3, s. 518(E)
Canadian Environmental Protection Act, 1999 — C-15.31 262
Procedure 262 To make a summons issued or order made under subsection 260(1) a summons or order of the Federal Court or of the superior court of a province, the court’s usual practice and procedure in such matters may be followed or a certified copy of the summons or order may be filed with the court’s registrar. 1999, c. 33, s. 262 2026, c. 3, s. 518(E)
Canadian Environmental Protection Act, 1999 — C-15.31 263
Powers of Tribunal 263 The Tribunal, after reviewing the order and after giving all persons who are subject to the order, and the Minister, reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for those persons and the Minister to make oral representations, may (a) confirm or cancel the order; (b) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; or (c) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to the order, not counting the days during which the order was suspended under subsection 258(3). 1999, c. 33, s. 263 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 264
Variation or cancellation of Tribunal’s decision 264 At any time before a notice of appeal to the Federal Court is filed in relation to an order, the Tribunal may, on the Tribunal’s own motion, after giving reasonable notice orally or in writing and allowing a reasonable opportunity in the circumstances for the person subject to the order to make oral representations, modify the decision of the Tribunal in respect of the order and exercise any of the powers of the Tribunal under section 263 in respect of the order. 1999, c. 33, s. 264 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 265
Limitations on exercise of Tribunal’s powers 265 The Tribunal shall not exercise any of the powers referred to in section 263 if doing so would result in (a) impairment or serious risk of impairment of the quality of the environment for any use that can be made of it; (b) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or (c) danger to the health or safety of any person. 1999, c. 33, s. 265 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 266
Decision 266 The Tribunal must, within 15 days after the day on which the review is completed, render a decision, with written reasons, and provide all persons to whom the order was directed and the Minister with a copy of the decision and the reasons. 1999, c. 33, s. 266; 2009, c. 14, s. 70 2026, c. 3, s. 519
Canadian Environmental Protection Act, 1999 — C-15.31 267
Rules 267 (1) The Chairperson may make rules (a) governing the practice and procedure in respect of the review of orders; (b) generally, for the work of the Tribunal; and (c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before the Tribunal, including rules providing for hearings or parts of hearings to be held in public or private. Rules for other Acts (2) The Chairperson may make rules under subsection (1) with respect to the review of orders made under any Act of Parliament that provides for the review of those orders in accordance with sections 257 to 271 of this Act. 1999, c. 33, s. 267; 2009, c. 14, s. 71 2026, c. 3, s. 520 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 268
Orders and notices 268 Every order or varied order under section 263 or 264 or a copy of one and every notice under those sections shall be provided to the Minister and every person to whom the original order is directed and, where applicable, all other persons to whom the amended order is directed, in accordance with Part 11.
Canadian Environmental Protection Act, 1999 — C-15.31 269
Appeal to Federal Court 269 The Minister or any person to whom an order, as confirmed or varied by the Tribunal under section 263, is directed may, by filing a written notice of appeal within 30 days after the written reasons are provided by the Tribunal under section 266, appeal to the Federal Court — Trial Division from the decision of the Tribunal. 1999, c. 33, s. 269 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 270
Standing on appeal to Federal Court 270 The Minister or the person to whom the order is directed, as the case may be, has the right, on an appeal to the Federal Court made under section 269, to be heard on all questions of fact and law.
Canadian Environmental Protection Act, 1999 — C-15.31 271
Order not suspended 271 The filing of a notice of appeal under section 269 does not suspend the operation of an order, as confirmed or varied by the Tribunal. 1999, c. 33, s. 271 2026, c. 3, s. 521
Canadian Environmental Protection Act, 1999 — C-15.31 271.1
Offences under this Act deemed committed in Canada 271.1 (1) An act or omission that is an offence arising out of a contravention of Division 3 of Part 7 or of any regulation made under that Division is deemed to have been committed in Canada if it is committed (a) in an area of the sea referred to in paragraph 122(2)(c); or (b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e). Offences under the Criminal Code deemed committed in Canada (2) An act or omission that is committed in the course of enforcement of this Act and that would be an offence under the Criminal Code if it were committed in Canada, is deemed to have been committed in Canada if it is committed (a) in an area of the sea referred to in paragraph 122(2)(c); or (b) in an area of the sea referred to in paragraph 122(2)(g) in the course of hot pursuit that commenced while a ship was in an area of the sea referred to in any paragraphs 122(2)(a) to (e). 2005, c. 23, s. 36
Canadian Environmental Protection Act, 1999 — C-15.31 272.1
Offence — persons 272.1 (1) Every person commits an offence who (a) contravenes any provision of this Act, other than a provision the contravention of which is an offence under subsection 272(1); (b) fails to comply with an obligation arising from this Act, a requirement imposed under this Act or a request made under this Act, other than an obligation, a requirement or a request the failure to comply with is an offence under 272(1); (c) contravenes a prohibition arising from this Act, other than a prohibition the contravention of which is an offence under subsection 272(1); (d) contravenes a condition of any permission granted under this Act, other than a condition of a permission the contravention of which is an offence under subsection 272(1); (e) fails to comply with a direction given under this Act, other than a direction the failure to comply with is an offence under 272(1); (f) contravenes any provision of the regulations, other than a provision the contravention of which is an offence under subsection 272(1) or 272.2(1); (g) negligently, with respect to any matter related to this Act or the regulations, provides any person with any false or misleading information, results or samples; or (h) negligently, with respect to any matter related to this Act or the regulations, files a document that contains false or misleading information. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $100,000, and (ii) for a second or subsequent offence, to a fine of not more than $200,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $25,000, and (ii) for a second or subsequent offence, to a fine of not more than $50,000. Penalty — other persons (3) Every person, other than an individual or a corporation referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $500,000, and (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000. Penalty — small revenue corporations (4) Every corporation that commits an offence under subsection (1) and that the court determines under section 272.3 to be a small revenue corporation is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $50,000, and (ii) for a second or subsequent offence, to a fine of not more than $100,000. 2009, c. 14, s. 72
Canadian Environmental Protection Act, 1999 — C-15.31 272.2
Offence — failure to comply with designated regulations 272.2 (1) Every person who fails to comply with a provision of a regulation designated under section 286.1 for the purpose of this subsection commits an offence and is liable (a) on conviction on indictment, (i) in the case of an individual, to a fine determined in accordance with the regulations or to imprisonment for a term of not more than three years, or to both, and (ii) in the case of a person, other than an individual, to a fine determined in accordance with the regulations; or (b) on summary conviction, (i) in the case of an individual, to a fine determined in accordance with the regulations or to imprisonment for a term of not more than six months, or to both, and (ii) in the case of a person, other than an individual, to a fine determined in accordance with the regulations. Regulations (2) The Governor in Council may make regulations prescribing the method of calculating the fine in respect of the offence referred to in subsection (1) committed by individuals, other persons and corporations determined under section 272.3 to be small revenue corporations, which method may be based on a monetary range specified in the regulations. Compliance units (3) If a person is convicted of an offence under subsection (1) by reason of having failed to comply with a provision that requires the remission or the cancellation of compliance units described in regulations made under section 326, the court shall, in addition to any other punishment that may be imposed under that subsection, make an order requiring the person to remit or cancel compliance units of the type and number determined in accordance with regulations made under subsection (4) or, if there are no regulations made under subsection (4), in accordance with subsection (5). In the case of an order to remit, the court shall specify in the order the name of the person or entity to whom the compliance units are to be remitted. Regulations (4) The Governor in Council may make regulations prescribing the types of compliance units described in regulations made under section 326 that a person may be required to remit or cancel in an order made under subsection (3) and the manner of determining the number of those compliance units that the person may be required to remit or cancel. Absence of regulations (5) If there are no regulations made under subsection (4), the court shall require the person to remit or cancel compliance units of a type and in the number that, in the court’s opinion, the person failed to remit or cancel. 2009, c. 14, s. 72 2023, c. 26, s. 618