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``fuel'' « combusti- ble »
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``fuel'' means any form of matter that is
combusted or oxidized for the generation of
energy.
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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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``Minister'' « ministre »
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``Minister'' means the Minister of the
Environment.
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``move- ment 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,
substances 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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``substan- ce'' « substan- ce »
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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
interme- diate'' « 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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``underta- king'' 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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Precautionary
principle
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(1.1) In giving its advice and
recommendations, the Committee shall use
the precautionary principle.
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Composition
of Committee
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(2) The Committee shall consist of the
following members:
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Provincial
representa- tives
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(2.1) The representative of a provincial
government shall be selected by that
government.
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Aboriginal
representa- tives
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(2.2) Subject to subsection (3), the
representative of aboriginal governments
shall be selected by the aboriginal
governments he or she represents.
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Inuit
aboriginal
representa- tives
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(2.3) Subject to subsection (3), the
representative of Inuit aboriginal
governments shall be selected by those
governments.
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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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Action not
limited by
Agreement
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(9) No agreement made under this section
shall limit or restrict the carrying out of any
action the Minister deems necessary for the
administration and enforcement of this Act,
including the conduct of inspections or
investigations.
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