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Bill C-32

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

(4) Where measures required by subsection (1) are not taken, an enforcement officer 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 enforcement officer 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 enforcement officer or to a person designated by the regulations.

Request for confidentiality

(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 confidentiality

(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 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.

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.

``conveyance' '
« 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 Enforcement Officers and Analysts

Designation

217. (1) The Minister may designate as enforcement officers 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 enforcement officer or analyst shall be furnished with a certificate of designation as an enforcement officer 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.

Powers of enforcement officers

(3) For the purposes of this Act and the regulations, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any person or class of persons.

Inspection

Inspection

218. (1) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, enter and inspect any place if the enforcement officer 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-plac e

(2) An enforcement officer 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-plac e

(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 enforcement officer named in it to conduct an inspection of the dwelling-place subject to any conditions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power 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,

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

    (c) entry to that place has been refused, the enforcement officer was not able to enter without the use of force or the place was abandoned, and

    (d) subject to subsection (5), all reasonable attempts were made to notify the owner, operator or person in charge of the place,

the justice may issue a warrant authorizing the enforcement officer named in it to conduct an inspection of the place, subject to any conditions that may be specified in the warrant, and authorizing any other person named therein to accompany the enforcement officer and exercise any power specified in the warrant.

Waiving notice

(5) The justice may waive the requirement to give notice referred to in subsection (4) where the justice is satisfied that attempts to give the notice would be unsuccessful because the owner, operator or person in charge is absent from the jurisdiction of the justice or that it is not in the public interest to give the notice.

Use of force

(6) In executing a warrant issued under subsection (3) or (4), an enforcement officer shall not use force unless the use of force has been specifically authorized in the warrant.

Stopping and detaining conveyances

(7) For the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, direct that any conveyance be stopped or be moved to a place where an inspection can be carried out and may, for a reasonable time, detain any conveyance, platform or other structure.

Powers in relation to ships, etc.

(8) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time,

    (a) board any ship, platform or other structure anywhere in Canada or within Canadian waters or any aircraft if the enforcement officer believes on reasonable grounds that the ship, platform or other structure or aircraft has on board a substance to be disposed of at sea; and

    (b) travel on any ship, aircraft, platform or other structure that is loaded with a substance to be disposed of at sea.

Enforcement officer to receive accommodati on

(9) An enforcement officer who travels on a ship, aircraft, platform or other structure under paragraph (8)(b) shall be carried free of charge to and from the disposal site and the person in command of the ship or aircraft or in charge of the platform or structure shall provide the enforcement officer with suitable accommodation and food.

Powers of enforcement officer

(10) In carrying out an inspection of a place under this section, an enforcement officer may, for the purposes of this Act,

    (a) examine any substance, product, fuel, cleaning product or water conditioner referred to in subsection (1) or any other thing relevant to the administration of this Act that is found in the place;

    (b) open and examine any receptacle or package found that the enforcement officer believes on reasonable grounds contains any substance, product, air contaminant, fuel, cleaning product or water conditioner, engine, equipment or component;

    (c) examine any books, records, electronic data or other documents that the enforcement officer believes on reasonable grounds contain any information relevant to the administration of this Act and make copies of them or take extracts from them;

    (d) take samples of anything relevant to the administration of this Act; and

    (e) conduct any tests or take any measurements.

Disposition of samples

(11) An enforcement officer who takes a sample under paragraph (10)(d) may dispose of it in any manner that the enforcement officer considers appropriate.

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