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| Notice
requiring
information
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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:
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(a) substances on the Priority Substances
List;
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(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;
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(c) substances, including nutrients, that can
be released into water or are present in
products like water conditioners and
cleaning products;
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(d) substances released, or disposed of, at or
into the sea;
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(e) substances that are toxic under section
64 or that may become toxic;
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(f) substances that may cause or contribute
to international or interprovincial pollution
of fresh water, salt water or the atmosphere;
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(g) substances or fuels that may contribute
significantly to air pollution;
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(h) substances that, if released into
Canadian waters, cause or may cause
damage to fish or to their habitat;
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(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;
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(j) substances that are on the list established
under regulations made under subsection
200(1);
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(k) the release of substances into the
environment at any stage of their life-cycle;
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(l) pollution prevention; and
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(m) use of federal land and of aboriginal
land.
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| Other
recipient
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(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.
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| Conditions
respecting
access to
information
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(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.
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| Period of
notice and
date for
compliance
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(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.
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| Compliance
with notice
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(5) Every person to whom a notice is
directed shall comply with the notice.
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| Extension of
time
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(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.
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| Manner
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(7) The notice must indicate the manner in
which the information is to be provided.
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| Preservation
of information
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(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.
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| Guidelines
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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,
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(a) the costs and benefits to the Minister and
the person to whom the notice under
subsection 46(1) is directed;
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(b) the co-ordination of requests for
information with other governments, to the
extent practicable; and
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(c) the manner in which the information
collected under subsection 46(1) is to be
used.
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| Consultation
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(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.
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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 subsection (2), the
Minister may act under subsection (1) 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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| National
inventory
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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.
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| Publication in
whole or in
part
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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.
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| Publication of
inventory
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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.
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| Request for
confidentiality
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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.
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| Reasons
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52. Despite Part 11, a request under section
51 may only be based on any of the following
reasons:
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(a) the information constitutes a trade
secret;
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(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
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(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.
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| Additional
justification
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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.
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| Extension of
time
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(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.
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| Minister's
decision
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(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
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(a) the disclosure is in the interest of the
protection of the environment, public
health or public safety; and
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(b) the public interest in the disclosure
outweighs in importance
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(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
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(ii) any damage to the privacy, reputation
or human dignity of any individual that
may result from the disclosure.
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| Acceptance of
request
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(4) If the Minister accepts the request, the
information shall not be published.
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| Publication
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(5) If the Minister rejects the request,
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(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
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(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.
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| Applicable
provisions
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(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.
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| Formulation
by the
Minister
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54. (1) For the purpose of carrying out the
Minister's mandate related to preserving the
quality of the environment, the Minister shall
issue
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(a) environmental quality objectives
specifying goals or purposes for pollution
prevention or environmental control,
including goals or purposes stated in
quantitative or qualitative terms;
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(b) environmental quality guidelines
specifying recommendations in
quantitative or qualitative terms to support
and maintain particular uses of the
environment;
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(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
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(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.
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| Scope of
objectives,
etc.
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(2) The objectives, guidelines and codes of
practice referred to in subsection (1) shall
relate to
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(b) pollution prevention or the recycling,
reusing, treating, storing or disposing of
substances or reducing the release of
substances into the environment;
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(c) works, undertakings or activities that
affect or may affect the environment; or
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(d) the conservation of natural resources
and sustainable development.
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| Consultation
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(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.
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| Minister may
act
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(3.1) At any time after the 60th day
following the day on which the Minister offers
to consult in accordance with subsection (3),
the Minister may act under subsection (1) 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
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(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.
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| 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.
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| Consultation
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(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.
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| Publication
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(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.
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| 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.
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| Contents of
notice
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(2) The notice may specify
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(a) the substance or group of substances in
relation to which the plan is to be prepared;
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(b) the commercial, manufacturing,
processing or other activity in relation to
which the plan is to be prepared;
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(c) the factors to be considered in preparing
the plan;
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(d) the period within which the plan is to be
prepared;
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(e) the period within which the plan is to be
implemented; and
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(f) any administrative matter necessary for
the purposes of this Part.
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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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| Publication of
notice of
extension
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(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.
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| Application
for waiver
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(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.
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| Plan prepared
or
implemented
for another
purpose
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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.
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| Where partial
requirements
met
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(2) Where a person uses a plan under
subsection (1) that does not meet all of the
requirements of the notice, the person shall
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(a) amend the plan so that it meets all of
those requirements; or
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(b) prepare an additional pollution
prevention plan that meets the remainder of
those requirements.
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| 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.
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| Declaration of
implementatio
n
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(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.
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| 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.
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