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48 ELIZABETH II |
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CHAPTER 33 |
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An Act respecting pollution prevention and
the protection of the environment and
human health in order to contribute to
sustainable development
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[Assented to 14th September, 1999]
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Declaration
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It is hereby declared that the protection of
the environment is essential to the well-being
of Canadians and that the primary purpose of
this Act is to contribute to sustainable
development through pollution prevention.
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Preamble
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Whereas the Government of Canada seeks
to achieve sustainable development that is
based on an ecologically efficient use of
natural, social and economic resources and
acknowledges the need to integrate
environmental, economic and social factors in
the making of all decisions by government and
private entities;
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Whereas the Government of Canada is
committed to implementing pollution
prevention as a national goal and as the
priority approach to environmental
protection;
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Whereas the Government of Canada
acknowledges the need to virtually eliminate
the most persistent and bioaccumulative toxic
substances and the need to control and manage
pollutants and wastes if their release into the
environment cannot be prevented;
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Whereas the Government of Canada
recognizes the importance of an ecosystem
approach;
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Whereas the Government of Canada will
continue to demonstrate national leadership in
establishing environmental standards,
ecosystem objectives and environmental
quality guidelines and codes of practice;
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Whereas the Government of Canada is
committed to implementing the precautionary
principle that, where there are threats of
serious or irreversible damage, lack of full
scientific certainty shall not be used as a
reason for postponing cost-effective measures
to prevent environmental degradation;
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Whereas the Government of Canada
recognizes that all governments in Canada
have authority that enables them to protect the
environment and recognizes that all
governments face environmental problems
that can benefit from cooperative resolution;
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Whereas the Government of Canada
recognizes the importance of endeavouring, in
cooperation with provinces, territories and
aboriginal peoples, to achieve the highest
level of environmental quality for all
Canadians and ultimately contribute to
sustainable development;
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Whereas the Government of Canada
recognizes that the risk of toxic substances in
the environment is a matter of national
concern and that toxic substances, once
introduced into the environment, cannot
always be contained within geographic
boundaries;
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Whereas the Government of Canada
recognizes the integral role of science, as well
as the role of traditional aboriginal
knowledge, in the process of making decisions
relating to the protection of the environment
and human health and that environmental or
health risks and social, economic and
technical matters are to be considered in that
process;
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Whereas the Government of Canada
recognizes the responsibility of users and
producers in relation to toxic substances and
pollutants and wastes, and has adopted the
``polluter pays'' principle;
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Whereas the Government of Canada is
committed to ensuring that its operations and
activities on federal and aboriginal lands are
carried out in a manner that is consistent with
the principles of pollution prevention and the
protection of the environment and human
health;
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Whereas the Government of Canada will
endeavour to remove threats to biological
diversity through pollution prevention, the
control and management of the risk of any
adverse effects of the use and release of toxic
substances, pollutants and wastes, and the
virtual elimination of persistent and
bioaccumulative toxic substances;
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Whereas the Government of Canada
recognizes the need to protect the
environment, including its biological
diversity, and human health, by ensuring the
safe and effective use of biotechnology;
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And whereas the Government of Canada
must be able to fulfil its international
obligations in respect of the environment;
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Now, therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Canadian
Environmental Protection Act, 1999.
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ADMINISTRATIVE DUTIES |
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Duties of the
Government
of Canada
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2. (1) In the administration of this Act, the
Government of Canada shall, having regard to
the Constitution and laws of Canada and
subject to subsection (1.1),
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Considera- tions
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(1.1) The Government of Canada shall
consider the following before taking any
measure under paragraph (1)(a.1):
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Action not
limited
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(2) Nothing in this section shall be
construed so as to prevent the taking of any
action to protect the environment or human
health for the purposes of this Act.
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INTERPRETATION |
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Definitions
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3. (1) The definitions in this subsection
apply in this Act.
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``aboriginal
government'' « gouverne- ment autochtone »
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``aboriginal government'' means a governing
body that is established by or under or
operating under an agreement between Her
Majesty in right of Canada and aboriginal
people and that is empowered to enact laws
respecting
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``aboriginal
land'' « terres autochtones »
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``aboriginal land'' means
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``air
pollution'' « pollution atmosphériqu e »
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``air pollution'' means a condition of the air,
arising wholly or partly from the presence
in the air of any substance, that directly or
indirectly
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``analyst'' « analyste »
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``analyst'' means a person or a member of a
class of persons designated as an analyst
under subsection 217(1).
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``biological
diversity'' « diversité biologique »
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``biological diversity'' means the variability
among living organisms from all sources,
including, without limiting the generality of
the foregoing, terrestrial and marine and
other aquatic ecosystems and the ecological
complexes of which they form a part and
includes the diversity within and between
species and of ecosystems.
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``biotechnolo
gy'' « biotechnolo gie »
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``biotechnology'' means the application of
science and engineering in the direct or
indirect use of living organisms or parts or
products of living organisms in their natural
or modified forms.
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``class of
substances'' « catégorie de substances »
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``class of substances'' means any two or more
substances that
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``Committee'' « comité »
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``Committee'' means the National Advisory
Committee established under section 6.
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``ecosystem'' « écosystème »
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``ecosystem'' means a dynamic complex of
plant, animal and micro-organism
communities and their non-living
environment interacting as a functional
unit.
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``enforcement
officer'' « agent de l'autorité »
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``enforcement officer'' means a person or a
member of a class of persons designated as
an enforcement officer under section 217.
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``environment
'' « environnem ent »
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``environment'' means the components of the
Earth and includes
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``environment
al
emergency'' « urgence environnemen tale »
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``environmental emergency'' has the meaning
given that expression in Part 8.
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``environment
al quality'' « qualité de l'environneme nt »
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``environmental quality'' includes the health
of ecosystems.
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``Environmen
tal Registry'' « Registre »
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``Environmental Registry'' means the registry
established under section 12.
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``federal
land'' « territoire domanial »
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``federal land'' means
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``federal
source'' « source d'origine fédérale »
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``federal source'' means
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``federal work
or
undertaking'' « entreprises fédérales »
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``federal work or undertaking'' means any
work or undertaking that is within the
legislative authority of Parliament,
including, but not limited to,
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