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|
(a) owns or has charge of a substance
immediately before its release or its likely
release into the air; or
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|
(b) causes or contributes to the release or
increases the likelihood of the release.
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|
| Report by
property
owner
|
(3) Where there occurs a release of a
substance as described in subsection (1), any
person, other than a person described in
subsection (2), whose property is affected by
the release shall, as soon as possible in the
circumstances and subject to subsection (4),
report the matter to an enforcement officer or
to any person that is designated by regulation.
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|
| Report to
official
|
(4) Where there are in force, by or under the
laws of a province or an aboriginal
government, provisions that the Governor in
Council, by regulation, declares to be
adequate for dealing with a release described
in subsection (1), a report required by
paragraph (1)(a) or subsection (3) shall be
made to a person designated by those
provisions.
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| Intervention
by
enforcement
officer
|
(5) Where a person fails to take any
measures required under subsection (1), an
enforcement officer may take those measures,
cause them to be taken or direct any person
referred to in subsection (2) to take them.
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|
| Limitation on
power of
direction
|
(6) Any direction of an enforcement officer
under subsection (5) that is inconsistent with
a requirement imposed by or under any other
Act of Parliament is void to the extent of the
inconsistency.
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|
| Access to
property
|
(7) Any enforcement officer or other person
authorized or required to take any measures
under subsection (1) or (5) may enter and have
access to any place or property and may do any
reasonable things that may be necessary in the
circumstances.
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| Immunity
|
(8) Any person, other than a person
described in subsection (2), who provides
assistance or advice in taking the measures
required by subsection (1) or who takes any
measures authorized under subsection (5) is
not personally liable either civilly or
criminally in respect of any act or omission in
the course of providing assistance or advice or
taking any measures under those subsections
unless it is established that the person acted in
bad faith.
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| Recovery of
reasonable
costs and
expenses by
Her Majesty
|
170. (1) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection 169(5) from
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(a) any person referred to in paragraph
169(2)(a); and
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|
(b) any person referred to in paragraph
169(2)(b) to the extent of the person's
negligence in causing or contributing to the
release.
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| Only if
reasonably
incurred
|
(2) The costs and expenses referred to in
subsection (1) shall only be recovered to the
extent that they can be established to have
been reasonably incurred in the
circumstances.
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| Liability
|
(3) Subject to subsection (4), the persons
referred to in subsection (1) are jointly and
severally liable or solidarily liable for the
costs and expenses referred to in that
subsection.
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| Limitation
|
(4) A person referred to in paragraph
169(2)(b) shall not be held liable under
subsection (3) to an extent greater than the
extent of the person's negligence in causing or
contributing to the release.
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| Procedure
|
(5) A claim under this section may be sued
for and recovered by Her Majesty in right of
Canada with costs in proceedings brought or
taken therefor in the name of Her Majesty in
right of Canada in any court of competent
jurisdiction.
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| Recourse or
indemnity
|
(6) This section does not limit or restrict any
right of recourse or indemnity that a person
may have against any other person.
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| Limitation
period
|
(7) Where events giving rise to a claim
under this section occur, no proceedings in
respect of the claim may be instituted after
five years from the date on which the events
occur or become evident to the Minister,
whichever is later.
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| Minister's
certificate
|
(8) A document purporting to have been
issued by the Minister certifying the day on
which the events giving rise to a claim under
this section came to the knowledge of the
Minister shall be received in evidence and, in
the absence of any evidence to the contrary,
the document shall be considered as proof of
that fact without proof of the signature or of
the official character of the person appearing
to have signed the document and without
further proof.
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| Prohibition
|
171. No person shall carry on a work,
undertaking or activity that results in the
release of a substance in contravention of a
regulation made under section 167.
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|
| Plans and
specifications
|
172. (1) If a person carries on or proposes to
carry on a work, undertaking or activity that
results or may result in the release of a
substance that creates, or may reasonably be
anticipated to create, air pollution, the person
shall, at the request of the Minister for the
purposes of this Division and within the time
that the Minister may specify, provide the
Minister with plans, specifications, studies,
procedures, schedules, analyses, samples or
other information relating to the work,
undertaking or activity and with analyses,
samples, evaluations, studies, mitigation
methodologies or other information relating
to the substance.
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|
| Obtaining
information
from
government
|
(2) Before making a request to a person
under subsection (1), the Minister shall try to
obtain, within a reasonable time, the samples
or information from the government
responsible for the area in which the person is
situated.
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| Interim order
|
173. (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation under section 167 if
the Minister believes
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(a) that the substance or source referred to
in subsection 166(1) is not adequately
regulated; and
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|
(b) that immediate action is required to deal
with a significant danger to the
environment or to human life or health.
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| Effective date
of order
|
(2) An interim order has effect from the
time it is made.
|
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| Approval of
Governor in
Council
|
(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
|
(4) The Governor in Council shall not
approve an interim order unless the Minister
has
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|
|
(a) within 24 hours after making the order,
offered to consult with all affected
governments to determine whether they are
prepared to take sufficient action to deal
with the significant danger; and
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|
|
(b) consulted with other ministers of the
Crown in right of Canada to determine
whether any action can be taken under any
other Act of Parliament to deal with the
significant danger.
|
|
| Ministerial
action
|
(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 166 in order
to address the significant danger that gave rise
to the interim order.
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|
| Contravention
of
unpublished
order
|
(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.
|
|
| Cessation of
effect
|
(7) Subject to subsection (3), an interim
order ceases to have effect on the earliest of
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|
(a) the day it is repealed,
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|
(b) the day a regulation is made in
accordance with subsection (5), and
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|
|
(c) two years after the order is made.
|
|
| Repeal of
interim order
|
(8) No action is required to be taken under
subsection (5) if the interim order is repealed.
|
|
| Report to
Parliament
|
174. The Minister shall include in the
annual report required by section 342 a report
on the administration of this Division.
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|
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|
|
| Definition of
``water
pollution''
|
175. In this Division, ``water pollution''
means a condition of water, arising wholly or
partly from the presence in water of any
substance, that directly or indirectly
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|
(a) endangers the health, safety or welfare
of humans;
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|
(b) interferes with the normal enjoyment of
life or property;
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|
(c) endangers the health of animal life;
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|
(d) causes damage to plant life or to
property; or
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|
(e) degrades or alters, or forms part of a
process of degrading or alterating, an
ecosystem to an extent that is detrimental to
its use by humans, animals or plants.
|
|
| Determination
of
international
water
pollution
|
176. (1) Subject to subsection (4), the
Minister shall act under subsections (2) and
(3) only if the Ministers have reason to believe
that a substance released from a source in
Canada into water creates, or may reasonably
be anticipated to create,
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(a) water pollution in a country other than
Canada; or
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|
|
(b) water pollution that violates, or is likely
to violate, an international agreement
binding on Canada in relation to the
prevention, control or correction of
pollution.
|
|
| Consultation
with other
governments
|
(2) If the source referred to in subsection (1)
is a not a federal source, the Minister shall
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|
|
(a) consult with the government responsible
for the area in which the source is situated
to determine whether that government can
prevent, control or correct the water
pollution under its laws; and
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|
|
(b) if the government referred to in
paragraph (a) can prevent, control or
correct the water pollution, offer it an
opportunity to do so.
|
|
| Ministerial
action
|
(3) If the source referred to in subsection (1)
is a federal source, or if the government
referred to in paragraph (2)(a) cannot prevent,
control or correct the water pollution under its
laws or does not do so, the Minister shall take
at least one of the following courses of action:
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|
|
(a) on approval by the Governor in Council,
publish a notice under subsection 56(1); or
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|
|
(b) recommend regulations to the Governor
in Council for the purpose of preventing,
controlling or correcting the water
pollution.
|
|
| Reciprocity
with other
country
|
(4) If the water pollution referred to in
paragraph (1)(a) is in a country where Canada
does not have substantially the same rights
with respect to the prevention, control or
correction of water pollution as that country
has under this Division, the Minister shall
decide whether to act under subsections (2)
and (3).
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| Other factors
|
(5) When recommending regulations under
paragraph (3)(b), the Minister shall take into
account comments made under subsection
178(2), notices of objection filed under
subsection 332(2) and any report of a board of
review submitted under subsection 340(1).
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|
| Regulations
|
177. The Governor in Council may, on the
recommendation of the Minister, make
regulations with respect to a substance
released from a source in Canada into water
that creates, or may reasonably be anticipated
to create, water pollution referred to in
subsection 176(1) for the purpose of
preventing, controlling or correcting the water
pollution, including regulations respecting
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|
(a) the quantity or concentration of the
substance that may be released into water;
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|
(b) the manner in which and conditions
under which the substance may be released
into water, either alone or in combination
with any other substance;
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|
(c) the maintenance of books and records
for the administration of any regulation
made under this section;
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|
|
(d) the conduct of sampling, analyses, tests,
measurements or monitoring of the
substance and the submission of the results
to the Minister; and
|
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|
|
(e) the conditions, test procedures and
laboratory practices to be followed for
conducting sampling, analyses, tests,
measurements or monitoring of the
substance.
|
|
| Notice to
other country
|
178. (1) The Minister shall advise the
government of any country that would be
affected by or benefit from the regulation
before it is published under subsection 332(1).
|
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| Comments
|
(2) Within 60 days after the publication of
a proposed regulation under subsection
332(1), any person, including a representative
of the government of any country that would
be affected by or benefit from it, may file with
the Minister written comments on the
proposed regulation.
|
|
| Notice to
other
governments
|
(3) At the end of the period of 60 days
referred to in subsection (2), the Minister
|
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|
|
(a) shall advise each government referred to
in paragraph 176(2)(a) of any notice of
objection filed under subsection 332(2);
and
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|
(b) shall publish in the Canada Gazette, and
may publish in any other manner that the
Minister considers appropriate, a report or
a notice of the availability of a report that
summarizes how any written comments
filed under subsection (2) or a notice of
objection filed under subsection 332(2)
were dealt with.
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|
| Report and
remedial
measures
|
179. (1) Where there occurs or there is a
likelihood of a release into waters of a
substance in contravention of a regulation
made under section 177, any person described
in subsection (2) shall, as soon as possible in
the circumstances,
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|
|
(a) subject to subsection (4) and the
regulations, notify an enforcement officer
or any other person designated pursuant to
the regulations and provide a written report
on the matter to the enforcement officer or
other person;
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|
|
(b) take all reasonable measures consistent
with the protection of the environment and
public safety to prevent the release or, if it
cannot be prevented, to remedy any
dangerous condition or reduce or mitigate
any danger to the environment or to human
life or health that results from the release of
the substance or may reasonably be
expected to result if the substance is
released; and
|
|
|
|
(c) make a reasonable effort to notify any
member of the public who may be adversely
affected by the release or likely release.
|
|
| Application
|
(2) Subsection (1) applies to any person
who
|
|
|
|
(a) owns or has charge of a substance
immediately before its release or its likely
release into water; or
|
|
|
|
(b) causes or contributes to the release or
increases the likelihood of the release.
|
|
| Report by
property
owner
|
(3) Where there occurs a release of a
substance as described in subsection (1), any
person, other than a person described in
subsection (2), whose property is affected by
the release shall, as soon as possible in the
circumstances and subject to subsection (4),
report the matter to an enforcement officer or
to any person that is designated by regulation.
|
|
| Report to
official
|
(4) Where there are in force, by or under the
laws of a province or an aboriginal
government, provisions that the Governor in
Council, by regulation, declares to be
adequate for dealing with a release described
in subsection (1), a report required by
paragraph (1)(a) or subsection (3) shall be
made to a person designated by those
provisions.
|
|
| Intervention
by
enforcement
officer
|
(5) Where any person fails to take any
measures required under subsection (1), an
enforcement officer may take those measures,
cause them to be taken or direct any person
referred to in subsection (2) to take them.
|
|
| Limitation on
power of
direction
|
(6) Any direction of an enforcement officer
under subsection (5) that is inconsistent with
a requirement imposed by or under any other
Act of Parliament is void to the extent of the
inconsistency.
|
|
| Access to
property
|
(7) Any enforcement officer or other person
authorized or required to take any measures
under subsection (1) or (5) may enter and have
access to any place or property and may do any
reasonable things that may be necessary in the
circumstances.
|
|
| Immunity
|
(8) Any person, other than a person
described in subsection (2), who provides
assistance or advice in taking the measures
required by subsection (1) or who takes any
measures authorized under subsection (5) is
not personally liable either civilly or
criminally in respect of any act or omission in
the course of providing assistance or advice or
taking any measures under those subsections
unless it is established that the person acted in
bad faith.
|
|
| Recovery of
reasonable
costs and
expenses by
Her Majesty
|
180. (1) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection 179(5) from
|
|
|
|
(a) any person referred to in paragraph
179(2)(a); and
|
|
|
|
(b) any person referred to in paragraph
179(2)(b) to the extent of the person's
negligence in causing or contributing to the
release.
|
|
| Only if
reasonably
incurred
|
(2) The costs and expenses referred to in
subsection (1) shall only be recovered to the
extent that they can be established to have
been reasonably incurred in the
circumstances.
|
|