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(a) for restoring any part of the environment
damaged by or during the emergency;
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(b) for costs and expenses incurred by a
public department within the meaning of
the Criminal Code or other public authority
in Canada in respect of measures taken to
prevent, repair, remedy or minimize the
damage to the environment resulting from
the emergency, including measures taken in
anticipation of the environmental
emergency, to the extent that the measures
taken and the costs and expenses are
reasonable, and for any loss or damage
caused by such measures; and
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(c) for costs and expenses incurred by the
Minister in respect of measures taken to
prevent, repair, remedy or minimize the
environmental emergency to the extent that
the measures taken and the costs and
expenses are reasonable, and for any loss or
damage caused by such measures.
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Definition of
``public
authority in
Canada''
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(2) In subsection (1), ``public authority in
Canada'' means Her Majesty in right of a
province, an aboriginal government or any
other body designated by the Governor in
Council for the purposes of that subsection as
a public authority in Canada.
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Strict liability
subject to
certain
defences
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(3) The person's liability under subsection
(1) does not depend on proof of fault or
negligence, but the owner is not liable under
that subsection if the owner establishes that
the environmental emergency
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(a) resulted from an act of war, hostilities or
insurrection or from a natural phenomenon
of an exceptional, inevitable and irresistible
character;
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(b) was wholly caused by an act or omission
of a third party with intent to cause damage;
or
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(c) was wholly caused by the negligence or
other wrongful act of government, public
department or public authority.
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Reduced
liability
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(4) Where the person who is liable under
subsection (1) establishes that the
environmental emergency resulted wholly or
partially from
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(a) an act or omission done by the person
who suffered the damage with intent to
cause damage, or
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(b) the negligence or wilful conduct of that
person,
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the liability of the person referred to in
subsection (1) to that other person is reduced
or nullified in proportion to the degree to
which the environmental emergency resulted
from the factors mentioned in paragraphs (a)
and (b).
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Person's
rights against
third parties
preserved
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(5) Nothing in this Part shall be construed as
limiting or restricting any right of recourse
that the person who is liable under subsection
(1) may have against any other person.
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Person's own
claim for costs
and expenses
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(6) Costs and expenses incurred by the
person referred to in subsection (1) in respect
of measures voluntarily taken to prevent,
repair, remedy or minimize damage from the
environmental emergency, including
measures taken in anticipation of an
environmental emergency, to the extent that
the measures taken and the costs and expenses
are reasonable, rank equally with other claims
against any security given by that person in
respect of that person's liability under this
section.
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Definition of
``regula-
tions''
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206. In this Part, ``regulations'' means
regulations made under this Part.
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Application to
Government,
etc.
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207. (1) This Part applies to
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(a) departments, boards and agencies of the
Government of Canada;
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(b) federal works and undertakings;
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(c) aboriginal land, federal land, persons on
that land and other persons in so far as their
activities involve that land; and
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(d) Crown corporations, as defined in
subsection 83(1) of the Financial
Administration Act.
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Limitation
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(2) This Part does not restrict any of the
following powers in so far as they may be
exercised in relation to air and all layers of the
atmosphere above federal land or aboriginal
land:
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(a) powers under the Aeronautics Act or a
provision of any other Act of Parliament
relating to aeronautics or air transportation;
or
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(b) powers under the National Defence Act
or a provision of any other Act of
Parliament relating to national defence and
security.
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Minister shall
establish
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208. (1) The Minister shall establish
objectives, guidelines and codes of practice
for the purpose of carrying out the Minister's
duties and functions under this Part related to
the quality of the environment.
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Consultation
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(2) In establishing an objective, a guideline
or a code of practice under subsection (1), the
Minister
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(a) shall offer to consult with the
government of a territory if the objective,
guideline or code of practice applies to that
territory, and with the members of the
Committee who are representatives of
aboriginal governments if it applies to
aboriginal land over which an aboriginal
government has jurisdiction; and
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(b) may consult with a department, board or
agency of the Government of Canada, or a
Crown corporation as defined in subsection
83(1) of the Financial Administration Act.
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Minister may
act
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(3) At any time after the 60th day following
the day on which the Minister offers to consult
in accordance with paragraph (2)(a), the
Minister may act under subsection (1) if the
offer to consult is not accepted by the
government of a territory or members of the
Committee who are representatives of
aboriginal governments.
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Regulations
for the
protection of
the
environment
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209. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations for the protection of the
environment, including, but not limited to,
regulations respecting
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(a) the establishment of environmental
management systems;
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(b) pollution prevention and pollution
prevention plans;
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(c) environmental emergencies, releases of
substances and likely releases, including
their prevention, preparedness for them,
reporting them, both as soon as possible in
the circumstances and in detail at a later
stage, and the measures to be taken to
respond to them and to correct damage to
the environment;
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(d) the designation of persons for the
purposes of paragraph 212(1)(a) and
subsections 212(3) and 213(1) and
prescribing the form of the report to be
made under those provisions and the
information to be contained in it;
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(e) the circumstances in which a report is
not required under paragraph 212(1)(a);
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(g) any other matter necessary to carry out
the purposes of this Part.
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Content of the
regulations
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(2) Regulations with respect to any
substance may provide for, or impose
requirements respecting,
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(a) the quantity or concentration of any
substance that may be released into the
environment either alone or in combination
with any other substance from any source or
type of source;
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(b) the places or areas where the substance
may be released;
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(c) the commercial, manufacturing,
processing or other activity in the course of
which the substance may be released;
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(d) the manner in which and the conditions
under which the substance may be released
into the environment, either alone or in
combination with any other substance;
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(e) the quantity of the substance that may be
manufactured, processed, used, offered for
sale or sold in Canada;
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(f) the purposes for which the substance or
a product containing it may be imported,
manufactured, processed, used, offered for
sale or sold;
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(g) the manner in which and the conditions
under which the substance or a product
containing it may be imported,
manufactured, processed or used;
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(h) the quantities or concentrations in which
the substance may be used;
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(i) the quantities or concentrations of the
substance that may be imported;
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(j) the countries from or to which the
substance may be imported or exported;
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(k) the conditions under which, the manner
in which and the purposes for which the
substance may be imported or exported;
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(l) the total, partial or conditional
prohibition of the manufacture, use,
processing, sale, offering for sale, import or
export of the substance or a product
containing the substance and the total,
partial or conditional prohibition of the
import or export of a product that is
intended to contain the substance;
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(m) the quantity or concentration of the
substance that may be contained in any
product manufactured, imported, exported,
sold or offered for sale in Canada;
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(n) the manner in which, the conditions
under which and the purposes for which the
substance or a product containing it may be
advertised or offered for sale;
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(o) the manner in which and the conditions
under which the substance or a product
containing it may be stored, displayed,
handled, transported or offered for
transport;
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(p) the packaging and labelling of the
substance or a product containing it;
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(q) the manner, conditions, places and
method of disposal or recycling of the
substance or a product containing it,
including standards for the construction,
maintenance and inspection of disposal or
recycling sites;
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(r) the submission to the Minister, on
request or at any times that are prescribed,
of information relating to the substance;
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(s) the maintenance of books and records
for the administration of any regulation
made under this section;
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(t) the conduct of sampling, analyses, tests,
measurements or monitoring of the
substance and the submission of the results
to the Minister;
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(u) the submission of samples of the
substance to the Minister;
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(v) the conditions, test procedures and
laboratory practices to be followed for
conducting sampling, analyses, tests,
measurements or monitoring of the
substance;
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(w) the circumstances or conditions under
which the Minister may, for the proper
administration of this Act, modify
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(i) any requirement for sampling,
analyses, tests, measurements or
monitoring, or
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(ii) conditions, test procedures and
laboratory practices for conducting any
required sampling, analyses, tests,
measurements or monitoring; and
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(x) the decommissioning and
decontamination of storage, handling,
transportation, disposal and recycling sites
for the substance.
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Consultation
|
(3) Before recommending to the Governor
in Council a regulation under this section, the
Minister
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(a) shall offer to consult with the
government of a territory if the regulation
applies to that territory, and with the
members of the Committee who are
representatives of aboriginal governments
if it applies to aboriginal land over which an
aboriginal government has jurisdiction; and
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(b) may consult with a department, board or
agency of the Government of Canada, or a
Crown corporation as defined in subsection
83(1) of the Financial Administration Act.
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Minister may
act
|
(4) At any time after the 60th day following
the day on which the Minister offers to consult
in accordance with paragraph (3)(a), the
Minister may recommend a regulation to the
Governor in Council under this section if the
offer to consult is not accepted by the
government of a territory or members of the
Committee who are representatives of
aboriginal governments.
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Non-
application of
regulations
|
210. Where the Governor in Council is of
the opinion that provisions of any other Part of
this Act or any other Act of Parliament, or
regulations made under them,
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(a) are in force in respect of an aspect of the
protection of the environment,
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(b) apply to a federal work or undertaking,
federal land or aboriginal land, and
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(c) provide sufficient protection to the
environment and human health,
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the Governor in Council may make an order
stating that opinion and, if such an order is
made, regulations made under this Part
relating to the same aspect do not apply to the
federal work or undertaking, the federal land
or the aboriginal land.
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