Skip to main content

Bill C-32

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

    (m) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada;

    (n) the manner in which, the conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;

    (o) the manner in which and the conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;

    (p) the packaging and labelling of the substance or a product containing it;

    (q) the manner, conditions, places and method of disposal or recycling of the substance or a product containing it, including standards for the construction, maintenance and inspection of disposal or recycling sites;

    (r) the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance;

    (s) the maintenance of books and records for the administration of any regulation made under this section;

    (t) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;

    (u) the submission of samples of the substance to the Minister;

    (v) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;

    (w) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify

      (i) any requirement for sampling, analyses, tests, measurements or monitoring, or

      (ii) conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and

    (x) the decommissioning and decontamination of storage, handling, transportation, disposal and recycling sites for the substance.

Consultation

(3) Before recommending to the Governor in Council a regulation under this section, the Minister

    (a) shall offer to consult with the government of a territory if the regulation 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.

Non-
application of regulations

210. Where provisions of any other Part of this Act or any other Act of Parliament, or regulations made under them, are in force in respect of an aspect of the protection of the environment and apply to a federal work or undertaking, federal land or aboriginal land, 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.

Information about Works and Activities

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.

Release of Substances

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 inspector or any other person designated pursuant to the regulations and provide a written report on the matter to the inspector 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 inspector 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 inspector

(4) Where measures required by subsection (1) are not taken, an inspector 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 inspector 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.

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 inspector or to a person designated by the regulations.

Request for confidentia-
lity

(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 confidentia-
lity

(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 person shall discipline, dismiss or harass an employee of any of the following organizations for making a report under this section or section 212:

    (a) a department of the Government of Canada;

    (b) an agency of the Government of Canada or other body established by or under an Act of Parliament that is ultimately accountable through a minister of the Crown in right of Canada to Parliament for the conduct of its affairs;

    (c) a Crown corporation as defined in subsection 83(1) of the Financial Administration Act; or

    (d) a federal work or undertaking.

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.

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.

PART 10

ENFORCEMENT

Interpretation

Definitions

216. The definitions in this section apply in this Part.

``convey-
ance''
« moyen de transport »

``conveyance'' includes any vehicle, ship or aircraft.

``place''
« lieu »

``place'' includes any platform anchored at sea, shipping container or conveyance.

``substance''
« substance »

``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.

Designation of Inspectors, Investigators and Analysts

Designation

217. (1) The Minister may designate as inspectors, investigators 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 inspector, investigator or analyst shall be furnished with a certificate of designation as an inspector, investigator 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.

Definition of ``inspec-
tor''

(3) For the purposes of this Act, ``inspector'' includes an investigator.

Powers of investigators

(4) An investigator has all of the powers, duties and functions conferred on an inspector by or under this Act and, in addition, has the power conferred on a peace officer

    (a) to apply for a search warrant, on an information submitted by telephone or other means of telecommunication; and

    (b) to serve a summons, subpoena or other court document.

Inspection

Inspection

218. (1) Subject to subsection (2), for the purposes of this Act and the regulations, an inspector may, at any reasonable time, enter and inspect any place if the inspector has reasonable grounds to believe that

    (a) there can be found in the place a substance to which this Act applies or a product containing such a substance;

    (b) a fuel to which this Act applies is being or has been produced or can be found in the place;

    (c) a cleaning product or water conditioner, as defined in section 116, is being or has been produced or can be found in the place;

    (d) regulations made under section 209 apply to or in respect of the place;

    (e) the place is a source in respect of which regulations have been made under section 167 or 177 or a place in respect of which regulations have been made under section 200;

    (f) a substance is being loaded for the purpose of disposal at sea or is being disposed of at sea;

    (g) any vehicle, engine or equipment of a class for which standards for emissions have been prescribed that is owned by or is on the premises of a company or a consignee of imported vehicles or engines or imported equipment can be found in the place;

    (h) any component to be used in the manufacture of a vehicle, engine or equipment for which standards for emissions have been prescribed can be found in the place;

    (i) any record in relation to the design, manufacture, testing and field performance of a vehicle, engine or equipment in so far as it relates to emissions can be found in the place; or

    (j) any books, records, electronic data or other documents relevant to the administration of this Act can be found in the place.

Private dwelling-
place

(2) An inspector may not enter a private dwelling-place or any part of a place that is designed to be used and is being used as a permanent or temporary private dwelling-place except

    (a) with the consent of the occupant of the place; or

    (b) under the authority of a warrant issued under subsection (3).

Warrant for inspection of dwelling-
place

(3) Where on ex parte application a justice is satisfied by information on oath that

    (a) the conditions for entry described in subsection (1) exist in relation to a private dwelling-place,

    (b) entry to the dwelling-place is necessary for any purpose relating to the administration of this Act, and

    (c) entry to the dwelling-place has been refused or there are reasonable grounds for believing that entry will be refused,

the justice may issue a warrant authorizing the inspector named in it to conduct an inspection of the dwelling-place subject to any conditions that may be specified in the warrant.

Warrants for inspection of non-
dwellings

(4) Where on ex parte application a justice is satisfied by information on oath that

    (a) the conditions for entry described in subsection (1) exist in relation to a place other than a private dwelling-place,

Previous Page Table of Contents Next Page