Information Gathering

Notice requiring information

46. (1) The Minister may, for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person described in the notice to provide the Minister with any information that may be in the possession of that person or to which the person may reasonably be expected to have access, including information regarding the following:

    (a) substances on the Priority Substances List;

    (b) substances that have not been determined to be toxic under Part 5 because of the current extent of the environment's exposure to them, but whose presence in the environment must be monitored if the Minister considers that to be appropriate;

    (c) substances, including nutrients, that can be released into water or are present in products like water conditioners and cleaning products;

    (d) substances released, or disposed of, at or into the sea;

    (e) substances that are toxic under section 65 or that may become toxic;

    (f) substances that may cause or contribute to international or interprovincial pollution of fresh water, salt water or the atmosphere;

    (g) substances or fuels that may contribute significantly to air pollution;

    (h) substances that, if released into Canadian waters, cause or may cause damage to fish or to their habitat;

    (i) substances that, if released into areas of Canada where there are migratory birds, endangered species or other wildlife regulated under any other Act of Parliament, are harmful or capable of causing harm to those birds, species or wildlife;

    (j) substances that are on the list established under regulations made under subsection 200(1);

    (k) the release of substances into the environment at any stage of their life-cycle;

    (l) pollution prevention; and

    (m) use of federal land and of aboriginal land.

Other recipients

(2) The Minister may, in accordance with an agreement signed with a government, require that a person to whom a notice is directed submit the information to the Minister or to that government.

Conditions respecting access to information

(3) An agreement referred to in subsection (2) shall set out conditions respecting access by the Minister or other government to all or part of the information that the person is required to submit and may set out any other conditions respecting the information.

Period of notice and date for compliance

(4) A notice referred to in subsection (1) must indicate the period during which it is in force, which may not exceed three years, and the date or dates within which the person to whom the notice is directed shall comply with the notice.

Compliance with notice

(5) Every person to whom a notice is directed shall comply with the notice.

Extension of time

(6) The Minister may, on request in writing from any person to whom a notice is directed, extend the date or dates within which the person shall comply with the notice.

Manner

(7) The notice must indicate the manner in which the information is to be provided.

Preservation of information

(8) The notice may indicate the period during which, and the location where, the person to whom the notice is directed shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based. The period may not exceed three years from the date the information is required to be submitted to the Minister.

Guidelines

47. (1) The Minister shall issue guidelines respecting the use of the powers provided for by subsection 46(1) and, in issuing those guidelines, the Minister shall take into account any factor that the Minister considers relevant, including, but not limited to,

    (a) the costs and benefits to the Minister and the person to whom the notice under subsection 46(1) is directed;

    (b) the co-ordination of requests for information with other governments, to the extent practicable; and

    (c) the manner in which the information collected under subsection 46(1) is to be used.

Consultation

(2) In carrying out the duties under subsection (1), 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.

National inventory

48. The Minister shall establish a national inventory of releases of pollutants using the information collected under section 46 and any other information to which the Minister has access, and may use any information to which the Minister has access to establish any other inventory of information.

Publication in whole or in part

49. The notice published under subsection 46(1) must indicate whether or not the Minister intends to publish the information and, if so, whether in whole or in part.

Publication of inventory

50. Subject to subsection 53(4), the Minister shall publish the national inventory of releases of pollutants in any manner that the Minister considers appropriate and may publish or give notice of the availability of any other inventory of information established under section 48, in any manner that the Minister considers appropriate.

Request for confidenti-
ality

51. A person who provides information to the Minister under subsection 46(1) may, if the Minister's intention to publish the information has been indicated under section 49, submit with the information a written request, setting out a reason referred to in section 52, that the information be treated as confidential.

Reasons

52. Despite Part 11, a request under section 51 may only be based on any of the following reasons:

    (a) the information constitutes a trade secret;

    (b) the disclosure of the information would likely cause material financial loss to, or prejudice to the competitive position of, the person providing the information or on whose behalf it is provided; and

    (c) the disclosure of the information would likely interfere with contractual or other negotiations being conducted by the person providing the information or on whose behalf it is provided.

Additional justification

53. (1) The Minister may, after studying the reasons provided under section 52, require the person in question to provide, within 20 days and in writing, additional justification for the request for confidentiality.

Extension of time

(2) The Minister may extend the period mentioned in subsection (1) by up to 10 days if the extension is necessary to permit adequate preparation of the additional justification.

Minister's decision

(3) In determining whether to accept or reject the request, the Minister shall consider whether the reasons are well-founded and, if they are, the Minister may nevertheless reject the request if

    (a) the disclosure is in the interest of the protection of the environment, public health or public safety; and

    (b) the public interest in the disclosure outweighs in importance

      (i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and

      (ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

Acceptance of request

(4) If the Minister accepts the request, the information shall not be published.

Publication

(5) If the Minister rejects the request,

    (a) the person has the right to ask the Federal Court to review the matter within 30 days after the person is notified that the request has been rejected or within any further time that the Court may, before the expiry of those 30 days, fix or allow; and

    (b) the Minister shall advise the person in question of the Minister's intention to publish the information and of the person's right to ask the Federal Court to review the matter.

Applicable provisions

(6) Where a person asks the Federal Court to review the matter under paragraph (5)(a), sections 45, 46 and 47 of the Access to Information Act apply, with any modifications that the circumstances require, in respect of a request for a review under that paragraph as if it were an application made under section 44 of that Act.

Objectives, Guidelines and Codes of Practice

Formulation by the Minister

54. (1) For the purpose of carrying out the Minister's mandate related to preserving the quality of the environment, the Minister shall issue

    (a) environmental quality objectives specifying goals or purposes for pollution prevention or environmental control, including goals or purposes stated in quantitative or qualitative terms;

    (b) environmental quality guidelines specifying recommendations in quantitative or qualitative terms to support and maintain particular uses of the environment;

    (c) release guidelines recommending limits, including limits expressed as concentrations or quantities, for the release of substances into the environment from works, undertakings or activities; and

    (d) codes of practice respecting pollution prevention or specifying procedures, practices or release limits for environmental control relating to works, undertakings and activities during any phase of their development and operation, including the location, design, construction, start-up, closure, dismantling and clean-up phases and any subsequent monitoring activities.

Scope of objectives, etc.

(2) The objectives, guidelines and codes of practice referred to in subsection (1) shall relate to

    (a) the environment;

    (b) pollution prevention or the recycling, reusing, treating, storing or disposing of substances or reducing the release of substances into the environment;

    (c) works, undertakings or activities that affect or may affect the environment; or

    (d) the conservation of natural resources and sustainable development.

Consultation

(3) In carrying out the duties under subsection (1), 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.

Publication

(4) The Minister shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister considers appropriate.

Formulation by the Minister of Health

55. (1) For the purpose of carrying out the mandate of the Minister of Health related to preserving and improving public health under this Act, the Minister of Health shall issue objectives, guidelines and codes of practice with respect to the elements of the environment that may affect the life and health of the people of Canada.

Consultation

(2) In carrying out the duties under subsection (1), the Minister of Health may consult with a government, a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the preservation and improvement of public health.

Publication

(3) The Minister of Health shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister of Health considers appropriate.

PART 4

POLLUTION PREVENTION

Pollution Prevention Plans

Requirement for pollution prevention plans

56. (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 a pollution prevention plan in respect of a substance or group of substances specified on the List of Toxic Substances in Schedule 1, or to which subsection 166(1) or 176(1) applies .

Contents of notice

(2) The notice may specify

    (a) the substance or group of substances in relation to which the plan is to be prepared;

    (b) the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;

    (c) the factors to be considered in preparing the plan;

    (d) the period within which the plan is to be prepared;

    (e) the period within which the plan is to be implemented; and

    (f) any administrative matter necessary for the purposes of this Part.

Extension of time

(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.

Publication of notice of extension

(4) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or implementation of the plan, and the duration of the period of the extension.

Application for waiver

(5) On a written request submitted by any person to whom a notice under subsection (1) is directed, the Minister may waive the requirement for that person to consider a factor specified under paragraph (2)(c) where the Minister is of the opinion that it is not reasonable or practicable to consider the factor on the basis of reasons provided in the request.

Plan prepared or implemented for another purpose

57. (1) Subject to subsection (2), where a person who is required to prepare or implement a pollution prevention plan under a notice published under section 56 has prepared or implemented a plan in respect of pollution prevention 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 a pollution prevention plan that has been prepared or implemented under this Part.

Where partial requirements met

(2) Where a person uses a plan under subsection (1) that does not meet all of the requirements of the notice, the person shall

    (a) amend the plan so that it meets all of those requirements; or

    (b) prepare an additional pollution prevention plan that meets the remainder of those requirements.

Declaration of preparation

58. (1) Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the end of the period for the preparation of the plan specified in the notice referred to in subsection 56(1) or extended under subsection 56(3), or specified by the court under section 291 or in the agreement, as the case may be, a written declaration to the Minister that the plan has been prepared and is being implemented.

Declaration of implementa-
tion

(2) Every person who is required to implement a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the completion of the implementation of the plan, a written declaration to the Minister that the implementation of the plan has been completed.

Filing of amended declaration

(3) Where a person has filed a declaration under subsection (1) or (2) and the declaration contains information that, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after that time.

Form of declaration

(4) A declaration referred to in subsection (1), (2) or (3) shall be filed in the form and manner and contain the information specified by the Minister.

Requirement to keep plan

59. Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared.