| 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(a) the day it is repealed,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 referred to in
subsection (5) is made, and
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(c) two years after the order is made.
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| Report and
remedial
measures
|
95. (1) Where there occurs or is a likelihood
of a release into the environment of a
substance specified on the List of Toxic
Substances in Schedule 1 in contravention of
a regulation made under section 92.1 or 93 or
an order made under section 94, any person
described in subsection (2) shall, as soon as
possible in the circumstances,
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(a) subject to subsection (4) and any
regulations made under paragraph 97(b),
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
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(c) make a reasonable effort to notify any
member of the public who may be adversely
affected by the release or likely release.
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| Application
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(2) Subsection (1) applies to any person
who
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(a) owns or has the charge, management or
control of a substance immediately before
its release or its likely release into the
environment; 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
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(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 and who knows that it is a
substance specified on the List of Toxic
Substances in Schedule 1 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
provincial
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 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
|
(6) A 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
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(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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| Personal
liability
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(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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| Voluntary
report
|
96. (1) Where a person has knowledge of
the occurrence or likelihood of a release into
the environment of a substance specified on
the List of Toxic Substances in Schedule 1, but
the person is not required to report the matter
under this Act, the person may report any
information relating to the release or likely
release to an enforcement officer or to any
person to whom a report may be made under
section 95.
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| Request for
confidentiality
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(2) A person making a report under
subsection (1) may request that the person's
identity and any information that could
reasonably reveal the identity not be released.
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| Requirement
for
confidentiality
|
(3) Where a person makes a request under
subsection (2), no person shall release or cause
to be released 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 release in writing.
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| Employee
protection
|
(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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(a) the employee has made a report under
subsection (1);
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(b) the employee, acting in good faith and
on the basis of reasonable belief, has
refused or stated an intention of refusing to
do anything that is an offence under this
Act; or
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(c) the employee, acting in good faith and
on the basis of reasonable belief, has done
or stated an intention of doing anything that
is required to be done by or under this Act.
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| Regulations
|
97. The Governor in Council may make
regulations
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(a) designating persons for the purposes of
paragraph 95(1)(a) and subsection 95(3)
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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(b) respecting the notification and reporting
of a release;
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(c) declaring provisions to be adequate for
the purpose of subsection 95(4); and
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(d) generally for carrying out the purposes
and provisions of sections 95 and 96.
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| Recovery of
reasonable
costs and
expenses by
Her Majesty
|
98. (1) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection 95(5) from
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(a) any person referred to in paragraph
95(2)(a); and
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(b) any person referred to in paragraph
95(2)(b) to the extent that that person
knowingly or negligently caused or
contributed to the release.
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| 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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| Joint and
several
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
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(4) A person referred to in paragraph
95(2)(b) shall not be held liable under
subsection (3) to an extent greater than the
extent to which the person knowingly or
negligently caused or contributed to the
release.
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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
|
(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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| Remedial
measures
|
99. Where, in respect of a substance or a
product containing a substance, there is a
contravention of this Part or any regulation
made under this Part, the Minister may, in
writing,
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(a) direct any manufacturer, processor,
importer, retailer or distributor of the
substance or product to take any or all of the
following measures:
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(i) give public notice in a manner
directed by the Minister of any danger to
the environment or to human life or
health posed by the substance or product,
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(ii) mail a notice as described in
subparagraph (i) to every manufacturer,
processor, distributor or retailer of the
substance or product, or
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(iii) mail a notice as described in
subparagraph (i) to every person to whom
the substance or product is known to have
been delivered or sold; and
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(b) direct any manufacturer, processor,
distributor, importer or retailer of the
substance or product to take any or all of the
following measures:
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(i) replace the substance or product with
one that does not pose a danger to the
environment or to human life or health,
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(ii) accept the return of the substance or
product from the purchaser and refund
the purchase price, or
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(iii) any other measures for the protection
of the environment or of human life or
health.
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| Export
Control List
|
100. The Ministers may, by order,
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(a) add to Part 1 of the Export Control List
in Schedule 3 any substance the use of
which is prohibited in Canada by or under
an Act of Parliament, and delete any
substance from that Part;
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(b) add to Part 2 of the Export Control List
in Schedule 3 any substance that is subject
to an international agreement that requires
notification or requires the consent of the
country of destination before the substance
is exported from Canada, and delete any
substance from that Part; and
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(c) add to Part 3 of the Export Control List
in Schedule 3 any substance the use of
which is restricted in Canada by or under an
Act of Parliament, and delete any substance
from that Part.
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| Notice to
Minister
|
101. (1) Subject to subsection (4), no person
shall export a substance specified in the
Export Control List in Schedule 3 unless the
person provides prior notice of the proposed
export to the Minister in accordance with the
regulations made under subsection 102(1).
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| Restrictions
on export
|
(2) Subject to subsection (4), no person
shall export a substance specified in Part 1 of
the Export Control List in Schedule 3 unless
the export of the substance
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(a) is for the purpose of destroying the
substance or complying with a direction
under subparagraph 99(b)(iii); and
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(b) is done in accordance with any
regulations made under subsection 102(1).
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| Restrictions
on export
|
(3) Subject to subsection (4), no person
shall export a substance specified in Part 2 or
3 of the Export Control List in Schedule 3
unless the export of the substance is done in
accordance with any regulations made under
subsection 102(1).
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| Total
prohibition on
export
|
(4) No person shall export a substance
specified in the Export Control List in
Schedule 3 if the export of the substance is
prohibited by a regulation made under
subsection 102(2).
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| Regulations
respecting
exports
|
102. (1) The Governor in Council may, on
the recommendation of the Ministers, make
regulations in relation to substances specified
in the Export Control List in Schedule 3
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(a) respecting the information that must be
given to the Minister regarding an export of
such a substance, the time when or period
within which the information must be
given, and the manner in which it must be
given;
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(b) respecting the information that must
accompany an export of such a substance
and the manner in which it must accompany
the substance;
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(c) respecting conditions under which a
person may export such a substance;
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(d) respecting the information that must be
kept by a person who exports such a
substance and the manner in which, the
period for which and the place where the
information must be kept; and
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(e) generally for carrying out the purposes
of section 101.
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| Regulations
prohibiting
exports
|
(2) The Governor in Council may, on the
recommendation of the Ministers, make
regulations prohibiting the export of a
substance specified in the Export Control List
in Schedule 3.
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| Publication of
exports
|
103. If a person exports a substance
specified in the Export Control List in
Schedule 3, the Minister shall publish in the
Environmental Registry the name or
specifications of the substance, the name of
the exporter and the name of the country of
destination.
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