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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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``environment
al
emergency'' « urgence environnemen tale »
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``environmental emergency'' means
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``substance'' « substance »
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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. (1) 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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Minister may
act
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(2) At any time after the 60th day following
the day on which the Minister offers to consult
in accordance with subsection (1), the
Minister may act under section 196 if the offer
to consult is not accepted by the government
of a province or members of the Committee
who are representatives of aboriginal
governments.
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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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Requirements
for
environmental
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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Where partial
requirements
met
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(5) Where a person uses a plan under
subsection (4) that does not meet all of the
requirements of the notice, the person shall
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Application of
provisions re
declarations
and keeping
plans
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(6) Sections 58 and 59 apply to
environmental emergency plans, with any
modifications that the circumstances require,
as if any reference to a pollution prevention
plan were read as a reference to an
environmental emergency plan.
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Submission of
plans
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(7) The Minister may 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 who are required to
prepare or implement an environmental
emergency plan under subsection (1) or
section 291 or under an agreement in respect
of environmental protection alternative
measures to submit, within the period
specified by the Minister, the plan or any part
of the plan.
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Regulations
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200. (1) The Governor in Council may, on
the recommendation of the Minister and after
the Committee is given an opportunity to
provide its advice to the Minister under
section 6, make regulations
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Environmenta
l emergencies
regulated
under other
Acts of
Parliament
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(2) The Governor in Council shall not make
a regulation under subsection (1) in respect of
a matter if, by order, the Governor in Council
states that it is of the opinion that
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Remedial
measures
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201. (1) Subject to any regulations made
under subsection 200(1), where there occurs
an environmental emergency in respect of a
substance on the list established under the
regulations, any person described in
subsection (2) shall, as soon as possible in the
circumstances,
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Application
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(2) Subsection (1) applies to any person
who
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Report by
other persons
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(3) A person, other than a person described
in subsection (2), shall, as soon as possible in
the circumstances, report an environmental
emergency to an enforcement officer or to a
person designated by the regulations if their
property is affected by the environmental
emergency.
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Intervention
by
enforcement
officer
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(4) 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.
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Limitation on
power of
direction
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(5) Any direction of an enforcement officer
under subsection (4) 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
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(6) Any enforcement officer or other person
authorized or required to take any measures
under subsection (1) or (4) may enter and have
access to any place or property and may do
anything reasonable that may be necessary in
the circumstances.
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Personal
liability
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(7) 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 (4) 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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Voluntary
report
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202. (1) If a person knows about an
environmental emergency but the person is
not required to report the matter under this
Act, the person may report any information
about the environmental emergency to an
enforcement officer or to a person designated
by the regulations.
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Request for
confidentiality
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(2) The person making the report may
request that their identity and any information
that could reasonably reveal their identity not
be released.
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Requirement
of
confidentiality
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(3) No person shall disclose, or have
disclosed, the identity of the person making
the request or any information that could
reasonably be expected to reveal their identity
unless the person making the request
authorizes the disclosure in writing.
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Employee
protection
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(4) Despite any other Act of Parliament, no
employer shall dismiss, suspend, demote,
discipline, harass or otherwise disadvantage
an employee, or deny an employee a benefit of
employment, by reason that
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Recovery of
costs and
expenses
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203. (1) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection 201(4) from
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Reasonably
incurred
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(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
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(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
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(4) A person referred to in paragraph
201(2)(b) shall not be held liable under
subsection (3) to an extent greater than the
extent of their negligence or wilful conduct in
causing or contributing to the environmental
emergency.
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Procedure
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(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
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(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
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(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
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(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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National
notification
and reporting
system
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204. (1) The Minister may establish, in
cooperation with the governments of the
provinces and aboriginal governments and
government departments or agencies, a
national system for the notification and
reporting of environmental emergencies.
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Copies
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(2) Subject to section 314, any person may
have access to and a copy of any information
contained in the national system established
under subsection (1).
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Liability of
owner of
substance
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205. (1) Subject to this Part, the person who
owns or has the charge, management or
control of a substance immediately before an
environmental emergency is liable
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