Bill C-32

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	Environmental Protection Compliance Orders
Definition of ``order''	234. For the purposes of sections 235 to 271, ``order'' means an environmental protection compliance order issued under section 235.
Order	235. (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that any provision of this Act or the regulations has been contravened in the circumstances described in subsection (2) by a person who is continuing the commission of the offence, or that any of those provisions will be contravened in the circumstances described in that subsection, the enforcement officer may issue an environmental protection compliance order directing any person described in subsection (3) to take any of the measures referred to in subsection (4) and, where applicable, subsection (5) that are reasonable in the circumstances and consistent with the protection of the environment and public safety, in order to cease or refrain from committing the alleged contravention.
Circumstan- ces	(2) For the purposes of subsection (1), the circumstances in which the alleged contravention has been or will be committed are as follows, namely,
	(a) the exportation, importation, manufacture, transportation, processing or distribution of a substance or product containing a substance;
	(b) the possession, storage, use, sale, offering for sale, advertisement or disposal of a substance or product containing a substance;
	(c) the use of a substance or product containing a substance in a commercial manufacturing or processing activity; or
	(d) an act or omission in relation to or in the absence of a notice, permit, approval, licence, certificate, allowance or other authorization or a term or condition thereof.
Application	(3) Subsection (1) applies to any person who
	(a) owns or has the charge, management or control of the substance or any product containing the substance to which the alleged contravention relates or the property on which the substance or product is located; or
	(b) causes or contributes to the alleged contravention.
Specific measures	(4) For the purposes of subsection (1), an order in relation to an alleged contravention of any provision of this Act or the regulations may specify that the person to whom the order is directed take any of the following measures:
	(a) refrain from doing anything in contravention of this Act or the regulations, or do anything to comply with this Act or the regulations;
	(b) stop or shut down any activity, work, undertaking or thing for a specified period;
	(c) cease the operation of any activity or any part of a work, undertaking or thing until the enforcement officer is satisfied that the activity, work, undertaking or thing will be operated in accordance with this Act and the regulations;
	(d) move any conveyance to another location including, in the case of a ship, move the ship into port or, in the case of an aircraft, land the aircraft;
	(e) unload or re-load the contents of any conveyance; and
	(f) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order or to protect or restore the environment, including, but not limited to,
	(i) maintaining records on any relevant matter,
	(ii) reporting periodically to the enforcement officer, and
	(iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer setting out any action to be taken by the person with respect to the subject-matter of the order.
Additional measures for certain alleged offences	(5) For the purposes of subsection (1), an order in relation to an alleged contravention of section 124 or 125 or any regulations made under section 135 may specify that the person to whom the order is directed, whether that person is not a permit holder or is contravening a condition of a permit, take any of the following measures, in addition to any of the measures referred to in subsection (4):
	(a) cease dumping or cease loading a substance; or
	(b) refrain from disposing of any ship, aircraft, platform or structure.
Contents of order	(6) Subject to section 236, an order must be made in writing and must set out
	(a) the names of the persons to whom the order is directed;
	(b) the provision of this Act or the regulations that is alleged to have been or will be contravened;
	(c) the relevant facts surrounding the alleged contravention;
	(d) the measures to be taken and the manner in which they are to be carried out;
	(e) the period within which a measure is to begin and is to be carried out;
	(f) subject to subsection (7), the duration of the order;
	(g) a statement that a request for a review may be made to the Chief Review Officer; and
	(h) the period within which a request for a review may be made.
Duration of order	(7) An order may not be issued for a period of more than 180 days.
Exigent circumstances	236. (1) In the case of exigent circumstances, an order may be given orally, but within the period of seven days immediately after it is so given, a written order must be issued in accordance with section 235.
Definition of ``exigent circumstan- ces''	(2) For greater certainty, ``exigent circumstances'' includes circumstances in which the delay necessary to issue a written order that meets the requirements of subsection 235(6) would result in danger to human life or the environment.
Notice of intent	237. (1) Except in exigent circumstances, the enforcement officer shall, wherever practicable, before issuing an order,
	(a) provide an oral or a written notice of the intent of the enforcement officer to issue the order 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	(2) A notice of intent to issue an order shall include
	(a) a statement of the purpose of the notice;
	(b) a reference to the statutory authority under which the order will be issued; and
	(c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice.
Compliance with the order	238. (1) A person to whom an order is directed shall, immediately on receipt of the order or a copy of it or on being directed by an enforcement officer under an order given orally under section 236, comply with the order.
No bar to proceedings	(2) The issuance of or compliance with an order in respect of a person's alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention by that person.
Intervention by enforcement officer	239. (1) Where any person fails to take any measures specified in an order, an enforcement officer may take the measures or cause them to be taken.
Access to property	(2) An enforcement officer or other person authorized or required to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable things that may be necessary in the circumstances.
Personal liability	(3) Any person, other than a person described in subsection 235(3), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.
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) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable 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.
Variation or cancellation of order	241. (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may, in accordance with section 236, 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.
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).

Bill C-32

Environmental Protection Compliance Orders