Interim order
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183. (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation under section 177 if
the Minister believes
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Effective date
of order
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(2) An interim order has effect from the
time it is made.
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Approval of
Governor in
Council
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(3) An interim order ceases to have effect 14
days after it is made unless it is approved by
the Governor in Council within that period.
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Consultation
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(4) The Governor in Council shall not
approve an interim order unless the Minister
has
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Ministerial
action
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(5) Where the Governor in Council
approves an interim order, the Minister shall,
within 90 days after the approval, take
measures to comply with section 176 in order
to address the significant danger that gave rise
to the interim order.
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Contraven- tion of unpublished order
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(6) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order.
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Cessation of
effect
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(7) Subject to subsection (3), an interim
order ceases to have effect on the earliest of
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Revocation of
interim order
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(8) No action is required to be taken under
subsection (5) if the interim order is repealed.
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Report to
Parliament
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184. The Minister shall include in the
annual report required by section 342 a report
on the administration of this Division.
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DIVISION 8 |
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CONTROL OF MOVEMENT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL AND OF PRESCRIBED NON-HAZARDOUS WASTE FOR FINAL DISPOSAL |
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Import, export
and transit
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185. (1) No person shall import, export or
convey in transit a hazardous waste or
hazardous recyclable material, or prescribed
non-hazardous waste for final disposal, except
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Refusal to
issue permit
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(2) If the Minister is of the opinion that the
waste or material will not be managed in a
manner that will protect the environment and
human health against the adverse effects that
may result from that waste or material, the
Minister may refuse, in accordance with the
criteria set out in the regulations, to issue a
permit even if the relevant authorities have
given their authorization.
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Consultation
with
governments
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(3) Before refusing under subsection (2) to
issue a permit to import, the Minister shall
consult with the government of the
jurisdiction of destination.
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Special
circumstances
to issue
permits
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(4) Where the Minister is of the opinion that
the waste or material will be managed in a
manner that will protect the environment and
human health against the adverse effects that
may result from that waste or material, the
Minister may issue a permit if the relevant
authorities inform the Minister that they lack
the legal authority to authorize the movement,
final disposal or recycling but are not opposed
to it.
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Prohibi- tions - import, export and transit
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186. (1) For the purpose of implementing
international agreements respecting the
environment, the Minister may, with the
approval of the Governor in Council and
taking into account Canada's international
obligations, prohibit, completely or partially
and under any conditions that may be
prescribed, the import, export or transit of
waste or material referred to in subsection
185(1).
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Prohibition of
abandonment
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(2) No person shall abandon any waste or
material referred to in subsection 185(1) in the
course of import, export or transit.
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Publication
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187. After the Minister receives a
notification of the proposed import, export or
transit of a waste or material referred to in
subsection 185(1), the Minister shall publish
in the Canada Gazette, or in any other manner
that the Minister considers appropriate, the
name or specifications of the waste or material
and
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Reduction of
export for
final disposal
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188. (1) For the purpose of reducing or
phasing out the export of hazardous waste or
prescribed non-hazardous waste for final
disposal, the Minister may require an
exporter, or a class of exporters, of hazardous
waste to
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Declaration of
implementa- tion
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(2) Every person who is required to
implement a plan under paragraph (1)(b) shall
file with the Minister, within 30 days after the
completion of each stage of the plan, a written
declaration that the implementation has been
completed.
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Sanction
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(3) The Minister may refuse to issue a
permit to an exporter who does not comply
with subsection (1) or (2).
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Movement
within Canada
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189. (1) No person shall undertake
movement within Canada of hazardous waste
or hazardous recyclable material otherwise
than in accordance with this Division and the
regulations and unless the person pays the
prescribed fee.
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Publication
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(2) The Minister shall publish in the
Canada Gazette, or in any other manner that
the Minister considers appropriate,
information derived from documents received
under regulations made for the purpose of this
section.
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Permits based
on equivalent
environ- mental safety level
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190. (1) The Minister may issue a permit
authorizing, subject to conditions fixed by the
Minister, any activity to be conducted in a
manner that does not comply with this
Division if the Minister is satisfied that
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Scope of
permit
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(2) The permit may authorize the activity in
terms of the persons who may conduct the
activity and in terms of the waste and material
that it may involve.
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Revocation of
permit
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(3) The Minister may revoke the permit if
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Publication
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(4) The Minister shall publish in the
Canada Gazette, or in any other manner that
the Minister considers appropriate, a copy of
each permit issued under this section.
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Regulations
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191. The Governor in Council may, on the
recommendation of the Minister, make
regulations generally for carrying out the
purposes and provisions of this Division,
including regulations
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Forms
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192. The Minister may establish forms for
the purposes of this Division.
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PART 8 |
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ENVIRONMENTAL MATTERS RELATED TO EMERGENCIES |
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Definitions
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193. The definitions in this section apply in
this Part.
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``environ- mental emergency'' « urgence environne- mentale »
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``environmental emergency'' means
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``substan- ce'' « substan- ce »
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``substance'' means, except in section 199, a
substance on the list of substances
established under regulations made under
this Part.
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Application
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194. For the purposes of this Part, any
power, duty or function conferred or imposed
under this Part may only be exercised or
performed in relation to those aspects of an
environmental emergency that
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Research
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195. Despite subsection 36(3) of the
Fisheries Act, subsection 123(1) and
regulations made under paragraphs 93(1)(a),
(b), (c) and (d) and 209(2)(a), (b), (c) and (d),
the Minister may
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Guidelines
and codes of
practice
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196. The Minister may issue guidelines and
codes of practice respecting the prevention of,
preparedness for and response to an
environmental emergency and for restoring
any part of the environment damaged by or
during an emergency.
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Consultation
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197. In carrying out the responsibilities
conferred by section 196, the Minister shall
offer to consult with the government of a
province and the members of the Committee
who are representatives of aboriginal
governments and may consult with a
government department or agency, aboriginal
people, representatives of industry and labour
and municipal authorities or with persons
interested in the quality of the environment or
environmental emergencies.
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Publication of
guidelines and
codes of
practice
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198. The Minister shall publish in the
Canada Gazette, or in any other manner that
the Minister considers appropriate, guidelines
and codes of practice issued under section 196
or a notice stating where copies of those
documents may be obtained.
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Require- ments for environ- mental emergency plans
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199. (1) The Minister may at any time
publish in the Canada Gazette, and in any
other manner that the Minister considers
appropriate, a notice requiring any person or
class of persons described in the notice to
prepare and implement an environmental
emergency plan respecting the prevention of,
preparedness for, response to or recovery from
an environmental emergency in respect of
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Contents of
notice
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(2) The notice shall specify
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Extension of
time
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(3) Where the Minister is of the opinion that
further time is necessary to prepare or
implement the plan, the Minister may extend
the period for a person who submits a written
request before the expiry of the period referred
to in the notice or of any extended period.
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Plan prepared
or
implemented
for another
purpose
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(4) Subject to subsection (5), where a
person who is required to prepare or
implement an environmental emergency plan
under a notice published under this section has
prepared or implemented a plan in respect of
environmental emergencies on a voluntary
basis or for another government or under
another Act of Parliament that meets all or
some of the requirements of the notice, the
person may use that plan for the purposes of
meeting the requirements of this Part and, in
that case, the plan shall be considered to be an
environmental emergency plan that has been
prepared or implemented under this Part.
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