Bill C-32
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| ``govern- ment'' « gouverne- ment »
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``government'' means the government of a
province or of a territory or an aboriginal
government.
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| ``inspector'' « inspec- teur »
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``inspector'' means a person or a member of a
class of persons designated as an inspector
under subsection 217(1).
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| ``investiga- tor'' « enquê- teur »
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``investigator'' means a person or a member of
a class of persons designated as an
investigator under subsection 217(1).
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| ``Minister'' « ministre »
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``Minister'' means the Minister of the
Environment.
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| ``movement
within
Canada'' or
``transport
within
Canada'' « mouve- ment au Canada » ou « transport au Canada »
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``movement within Canada'' or ``transport
within Canada'' means movement or
transport between provinces.
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| ``pollution
prevention'' « prévention de la pollution »
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``pollution prevention'' means the use of
processes, practices, materials, products or
energy that avoid or minimize the creation
of pollutants and waste and reduce the
overall risk to the environment or human
health.
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| ``prescribed''
Version
anglaise
seulement
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``prescribed'' means prescribed by
regulations made under this Act.
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| ``province'' « province »
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``province'' includes a territory.
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| ``release'' « rejet »
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``release'' includes discharge, spray, inject,
inoculate, abandon, deposit, spill, leak,
seep, pour, emit, empty, throw, dump, place
and exhaust.
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| ``sell'' « vente »
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``sell'' includes to offer for sale or lease, have
in possession for sale or lease or deliver for
sale or lease.
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| ``substance'' « substance »
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``substance'' means any distinguishable kind
of organic or inorganic matter, whether
animate or inanimate, and includes
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| ``sustaina- ble develop- ment'' « développe- ment durable »
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``sustainable development'' means
development that meets the needs of the
present without compromising the ability of
future generations to meet their own needs.
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| ``transient
reaction
intermediate'' « intermé- diaire de réaction »
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``transient reaction intermediate'' means a
substance that is formed and consumed in
the course of a chemical reaction.
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| ``transit'' « transit »
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``transit'' means, except for the purposes of
sections 139 and 155, the portion of an
international transboundary movement
through the territory of a country that is
neither the country of origin nor the country
of destination of the movement.
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| ``under- taking'' Version anglaise seulement
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``undertaking'' includes a business.
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| Meaning of
``Ministers''
and ``either
Minister''
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(2) Where the word ``Ministers'' is used in
this Act, it refers to both the Minister and the
Minister of Health, and where the expression
``either Minister'' is used in this Act, it refers
to either the Minister or the Minister of Health.
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| Class of
substances
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(3) For the purposes of this Act, other than
subsection (1), ``substance'' includes a class
of substances.
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| Aboriginal
rights
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4. For greater certainty, nothing in this Act
shall be construed so as to abrogate or
derogate from the protection provided for
existing aboriginal or treaty rights of the
aboriginal peoples of Canada by the
recognition and affirmation of those rights in
section 35 of the Constitution Act, 1982.
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HER MAJESTY |
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| Binding on
Her Majesty
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5. This Act is binding on Her Majesty in
right of Canada or a province.
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PART 1 |
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ADMINISTRATION |
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Advisory Committees |
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| National
Advisory
Committee
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6. (1) For the purpose of enabling national
action to be carried out and taking cooperative
action in matters affecting the environment
and for the purpose of avoiding duplication in
regulatory activity among governments, the
Minister shall establish a National Advisory
Committee
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| Composition
of Committee
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(2) The Committee shall consist of the
following members:
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| Absence of
aboriginal
government
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(3) Where there is no Inuit aboriginal
government or aboriginal government for a
region referred to in any of subparagraphs
(2)(c)(i) to (v), the representative of aboriginal
people for the Inuit or for the region, as the
case may be, may be selected in accordance
with regulations made under subsection (4).
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| Regulations
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(4) The Minister may make regulations
respecting the manner of selecting a
representative under subsection (3).
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| Ministerial
advisory
committees
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7. (1) For the purpose of carrying out their
duties under this Act, the Ministers or either
Minister may
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| Publication of
report
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(2) The report of a committee established
under subsection (1), including its
recommendations and reasons, shall be made
public.
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| Report of
various
committees
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8. The Minister shall include in the annual
report required by section 342 a report of the
activities of the Committee and of any
committees established under paragraph
7(1)(a).
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Agreements Respecting Administration |
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| Negotiation of
agreement
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9. (1) The Minister may negotiate an
agreement with a government or with an
aboriginal people with respect to the
administration of this Act.
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| Publication of
negotiated
agreements
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(2) The Minister shall publish any
agreement negotiated under subsection (1)
before it is entered into, or give notice of its
availability, in the Canada Gazette and in any
other manner that the Minister considers
appropriate.
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| Comments or
objections
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(3) Within 60 days after the publication of
an agreement or notice of its availability under
subsection (2), any person may file with the
Minister comments or a notice of objection.
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| Publication by
Minister of
results
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(4) After the end of the period of 60 days
referred to in subsection (3), the Minister shall
publish in the Canada Gazette and in any other
manner that the Minister considers
appropriate a report or a notice of the
availability of a report that summarizes how
any comments or notices of objection were
dealt with.
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| Entering into
agreements
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(5) The Minister may, after publishing a
report or notice under subsection (4),
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| Publication of
final
agreements
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(6) The Minister shall publish any
agreement under subsection (5), or give notice
of its availability, in the Canada Gazette and
in any other manner that the Minister
considers appropriate.
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| Termination
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(7) An agreement made under subsection
(5) terminates five years after the date on
which it comes into force or may be
terminated earlier by either party giving the
other at least three months notice.
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| Annual report
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(8) The Minister shall include in the annual
report required by section 342 a report on the
administration of this Act under agreements
made under subsection (5).
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Agreements Respecting Equivalent Provisions |
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| Non- application of regulations or orders
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10. (1) Except with respect to Her Majesty
in right of Canada, the provisions of a
regulation made under subsection 93(1),
200(1) or 209(1) or (2) do not apply within the
jurisdiction of a government for which there is
in force an order, made under subsection (3),
declaring that the provisions do not apply
within that jurisdiction.
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| Non- application of regulations or orders
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(2) Except with respect to a federal source,
the provisions of a regulation made under
section 167 or 177 do not apply within the
jurisdiction of a government for which there is
in force an order, made under subsection (3),
declaring that the provisions do not apply
within that jurisdiction.
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| Declaration of
equivalent
provisions
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(3) Subject to subsections (4), (5) and (6),
where the Minister and a government agree in
writing that there are in force by or under the
laws applicable to the jurisdiction of the
government
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the Governor in Council may, on the
recommendation of the Minister, make an
order declaring that the provisions of the
regulation do not apply in an area under the
jurisdiction of the government.
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| Publication of
agreements
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(4) The Minister shall publish any
agreement referred to in subsection (3) before
it is entered into, or give notice of its
availability, in the Canada Gazette and in any
other manner that the Minister considers
appropriate.
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| Comments or
objections
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(5) Within 60 days after the publication of
an agreement or notice of its availability under
subsection (4), any person may file with the
Minister comments or a notice of objection.
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| Publication by
Minister of
results
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(6) After the end of the period of 60 days
referred to in subsection (5), the Minister shall
publish in the Canada Gazette and in any other
manner that the Minister considers
appropriate a report or a notice of the
availability of a report that summarizes how
any comments or notices of objection were
dealt with.
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| Publication of
final
agreements
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(7) The Minister shall publish any
agreement referred to in subsection (3) after it
is entered into, or give notice of its
availability, in the Canada Gazette and in any
other manner that the Minister considers
appropriate.
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| Termination
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(8) An agreement made under subsection
(3) terminates five years after the date on
which it comes into force or may be
terminated earlier by either party giving the
other at least three months notice.
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| Revocation of
order
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(9) The Governor in Council may, on the
recommendation of the Minister, revoke an
order made under subsection (3) if the
agreement referred to in that subsection
terminates or is terminated.
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| Report to
Parliament
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(10) The Minister shall include in the
annual report required by section 342 a report
on the administration of this section.
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