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PART 2 |
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PUBLIC PARTICIPATION |
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Interpretation |
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Definition of
``environ- mental protection action''
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11. In this Part, ``environmental protection
action'' means an action under section 22.
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Environmental Registry |
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Establish- ment of Environ- mental Registry
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12. The Minister shall establish a registry, to
be called the Environmental Registry, for the
purpose of facilitating access to documents
relating to matters under this Act.
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Contents of
Environ- mental Registry
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13. (1) The Environmental Registry shall
contain notices and other documents
published or made publicly available by the
Minister.
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Form and
manner of
Environ- mental Registry
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(2) The Minister may determine the form of
the Environmental Registry, how it is to be
kept and how access to it is to be provided.
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Protection
from civil
proceeding or
prosecution
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14. (1) Despite any other Act of Parliament,
no civil or criminal proceedings may be
brought against any person mentioned in
subsection (2) for the full or partial disclosure
in good faith of any notice or other document
through the Environmental Registry or any
consequences of its disclosure.
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Persons
protected
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(2) The persons against whom the
proceedings may not be brought are Her
Majesty in right of Canada, the Minister and
any person acting on behalf of or under the
direction of the Minister.
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Rights under Other Parts |
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Additional
rights
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15. The rights conferred by this Part are in
addition to the right to request the addition of
a substance to the Priority Substance List, the
right to file a notice of objection under Parts
1, 5, 7 and 11 and the right to request under
Parts 5, 7 and 11 that a board of review be
established under section 333.
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Voluntary Reports |
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Voluntary
reports
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16. (1) Where a person has knowledge of
the commission or reasonable likelihood of
the commission of an offence under this Act,
but is not required to report the matter under
this Act, the person may report any
information relating to the offence or likely
offence to an inspector, investigator or any
person to whom a report may be made under
this Act.
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Request for
confiden- tiality
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(2) The person making the report may
request that their identity, and any information
that could reasonably be expected to reveal
their identity, not be disclosed.
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Requirement
for confiden- tiality
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(3) No person shall disclose or cause to be
disclosed the identity of a person who makes
a request under subsection (2) or any
information that could reasonably be expected
to reveal their identity unless the person
authorizes the disclosure in writing.
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Employee
protection
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(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
subsection (1):
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Investigation of Offences |
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Application
for
investigation
by Minister
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17. (1) An individual who is resident in
Canada and at least 18 years of age may apply
to the Minister for an investigation of any
offence under this Act that the individual
alleges has occurred.
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Statement to
accompany
application
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(2) The application shall include a solemn
affirmation or declaration
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Form
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(3) The Minister may prescribe the form in
which an application under this section is
required to be made.
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Investigation
by Minister
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18. The Minister shall acknowledge receipt
of the application when it is received and shall
investigate all matters that the Minister
considers necessary to determine the facts
relating to the alleged offence.
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Progress
reports
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19. After acknowledging receipt of the
application, the Minister shall report to the
applicant every 90 days on the progress of the
investigation and the action, if any, that the
Minister has taken or proposes to take, but a
report is not required if the investigation is
discontinued before the end of the 90 days.
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Minister may
send evidence
to Attorney
General of
Canada
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20. At any stage of an investigation, the
Minister may send any documents or other
evidence to the Attorney General of Canada
for consideration of whether an offence has
been or is about to be committed under this
Act and for any action that the Attorney
General may wish to take.
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Disconti- nuation of investigation
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21. (1) The Minister may discontinue the
investigation if the Minister is of the opinion
that
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Report
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(2) If the investigation is discontinued, the
Minister shall
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A copy of the report sent to a person whose
conduct was investigated must not disclose
the name or address of the applicant or any
other personal information about them.
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Environmental Protection Action |
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Circumstan- ces when an individual may bring an action
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22. (1) An individual who has applied for an
investigation may bring an environmental
protection action if
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Nature of the
action
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(2) The action may be brought in any court
of competent jurisdiction against a person
who committed an offence under this Act that
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Relief that
may be
claimed
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(3) In the action, the individual may claim
any or all of the following:
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Limitation
period of two
years
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23. (1) An environmental protection action
may be brought only within a limitation period
of two years beginning when the plaintiff
becomes aware of the conduct on which the
action is based, or should have become aware
of it.
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Time during
investigation
not included
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(2) The limitation period does not include
any time following the plaintiff's application
for an investigation, but before the plaintiff
receives a report under subsection 21(2).
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No action for
remedial
conduct
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24. An environmental protection action
may not be brought if the alleged conduct
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Exception
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25. An environmental protection action
may not be brought against a person if the
person was convicted of an offence under this
Act, or environmental protection alternative
measures within the meaning of Part 10 were
used to deal with the person, in respect of the
alleged conduct on which the action is based.
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Notice of the
action
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26. (1) The plaintiff in an environmental
protection action shall give notice of the
action in the Environmental Registry no later
than 10 days after the document originating
the action is first served on a defendant.
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Notice of
other matters
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(2) The court may order any party to the
action to give notice in the Environmental
Registry of any other matter relating to the
action.
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Attorney
General to be
served
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27. (1) A plaintiff shall serve the Attorney
General of Canada with a copy of the
document originating an environmental
protection action within 10 days after first
serving the document on a defendant.
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Attorney
General may
participate
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(2) The Attorney General of Canada is
entitled to participate in the action, either as a
party or otherwise. Notice of his or her
decision to participate shall be given to the
plaintiff and be included in the Environmental
Registry within 45 days after the copy of the
originating document is served on the
Attorney General.
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Right of
appeal
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(3) The Attorney General of Canada is
entitled to appeal from a judgment in the
action and to make submissions and present
evidence in an appeal.
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Other
participants
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28. (1) A court may allow any person to
participate in an environmental protection
action in order to provide fair and adequate
representation of the private and public
interests involved.
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Manner and
terms of
participation
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(2) The court may determine the manner
and terms of the person's participation,
including the payment of costs.
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Burden of
proof
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29. The offence alleged in an
environmental protection action and the
resulting significant harm are to be proved on
a balance of probabilities.
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Defences
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30. (1) The following defences are
available in an environmental protection
action:
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Other
defences not
excluded
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(2) This section does not limit the
availability of any other defences.
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Undertakings
to pay
damages
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31. In deciding whether to dispense with an
undertaking to pay damages caused by an
interlocutory order in an environmental
protection action, the court may consider any
special circumstances, including whether the
action is a test case or raises a novel point of
law.
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Stay or
dismissal
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32. (1) A court may stay or dismiss an
environmental protection action if it is in the
public interest to do so.
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Factors to be
considered
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(2) In deciding whether to stay or dismiss
the action, the court may consider
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Remedies
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33. If a court finds that the plaintiff is
entitled to judgment in an environmental
protection action, it may grant any relief
mentioned in subsection 22(3).
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Orders to
negotiate
plans
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34. (1) A court order to negotiate a plan to
correct or mitigate the harm to the
environment or human, animal or plant life or
health may, to the extent that it is reasonable,
practicable and ecologically sound, require
the plan to provide for
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Before making the order, the court must take
into account any efforts that the defendant has
already made to deal with the harm.
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Other orders
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(2) The court may also make interlocutory
or ancillary orders to ensure that the
negotiation of the plan runs smoothly,
including orders
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