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Bill C-74

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First Reading

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Definition	(2) In this section, ``sell'' includes, in respect of a substance, the transfer of the physical possession or control of the sub stance.
Advice by Committee	(3) Before a regulation is made under paragraph (1)(a), (b), (c), (d), (p) or (r), the Minister shall give the Committee an opportu nity to advise the Minister.
Consultation	(4) Before a regulation is made under paragraph (1)(f), (g), (i), (j), (k), (l), (m) or (n) with respect to the import or export of a substance or a product containing the sub stance, the Minister shall consult with the Minister for International Trade.
Exemption	(5) The Governor in Council may, on the recommendation of the Ministers, make regu lations providing for the exemption of the following activities from the application of this Part and any regulations made under it, namely,
	(a) the import, export, manufacture, use, processing, transport, offering for transport, handling, packaging, labelling, advertising, sale, offering for sale, displaying, storing, disposing or releasing into the environment of any substance or a product containing any substance; and
	(b) the release of any substance into the environment, for a period specified in the regulations, from any source or type of source.
Substances regulated under other Acts of Parliament	(6) The Governor in Council shall not make a regulation under subsection (1) in respect of any substance if, in the opinion of the Governor in Council, the regulation regulates an aspect of the substance that is regulated by or under any other Act of Parliament.
Amendment to the List of Toxic Substances in Schedule I	(7) A regulation made under subsection (1) with respect to a substance may amend the List of Toxic Substances in Schedule I so as to specify the type of regulation that applies with respect to the substance.
Interim orders	94. (1) Where
	(a) a substance
	(i) is not specified on the List of Toxic Substances in Schedule I and the Minis ters believe that it is toxic, or
	(ii) is specified on that List and the Ministers believe that it is not adequately regulated, and
	(b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health,
	the Minister may make an interim order in re spect of the substance and the order may con tain any provision that may be contained in a regulation made under subsection 93(1) or (4).
Effect of order	(2) Subject to subsection (3), an interim order has effect
	(a) from the time it is made; and
	(b) as if it were a regulation made under section 93.
Approval of Governor in Council	(3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.
Consultation	(4) The Governor in Council shall not approve an interim order unless
	(a) the Minister has, within 24 hours after making the order, offered to consult the governments of all the affected provinces to determine whether they are prepared to take sufficient action to deal with the significant danger; and
	(b) the Minister has 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.
Recommenda- tion of regulations	(5) Where the Governor in Council ap proves an interim order, the Ministers shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Ministers intend to recommend to the Governor in Council
	(a) that a regulation having the same effect as the order be made under section 93; and
	(b) if the order was made in respect of a substance that was not specified on the List of Toxic Substances in Schedule I, that the substance be added to that List under section 90.
Contraven- tion 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, was not published in the Cana da Gazette unless it is proved that, at the date of the alleged contravention, that 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
	(a) the day it is repealed,
	(b) the day a regulation referred to in subsection (5) is made, and
	(c) two years after the order is made.
	Release of Toxic Substances
Report and remedial measures	95. (1) Where there occurs or is a likelihood of a release into the environment of a sub stance specified on the List of Toxic Sub stances in Schedule I in contravention of a regulation made under section 93 or an order made under section 94, any person described in subsection (2) shall, as soon as possible in the circumstances,
	(a) subject to subsection (4) and any regulations made under paragraph 97(b), notify an inspector or any other person designated pursuant to the regulations and provide a written report on the matter to the inspector or other person;
	(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 danger ous 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 the charge, management or control of a substance immediately before its release or its likely release into the environment; 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 and who knows that it is a substance specified on the List of Toxic Substances in Schedule I shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an inspec tor or to such person as is designated by regulation.
Report to provincial official	(4) Where there are in force, by or under the laws of a province or an aboriginal govern ment, 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 inspector	(5) Where any person fails to take any measures required under subsection (1), an inspector 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 inspector 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 inspector or other person autho rized or required to take any measures under subsection (1) or (5) may enter and have access to any place or property and may do such reasonable things as may be necessary in the circumstances.
Personal liability	(8) Any person, other than a person de scribed in subsection (2), who provides assis tance or advice in taking the measures re quired by subsection (1) or who takes any measures authorized under subsection (5) is not personally liable either civilly or criminal ly 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.
Voluntary report	96. (1) Where a person has knowledge of the occurrence or likelihood of a release into the environment of a substance specified in the List of Toxic Substances in Schedule I, 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 inspector or to any person to whom a report may be made under section 95.
Request for confidentia- lity	(2) A person making a report under subsec tion (1) may request that the person's identity and any information that could reasonably reveal the identity not be released.
Requirement for confidentia- lity	(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 the identity, unless the person making the request authorizes the release in writing.
Employee protection	(4) Notwithstanding any other Act of Par liament, no person shall discipline, dismiss or harass an employee of any of the following organizations for making a report under subsection (1):
	(a) a department of the Government of Canada;
	(b) an agency of the Government of Canada or other body established by or under an Act of Parliament that is ultimately accountable through a Minister of the Crown in right of Canada to Parliament for the conduct of its affairs;
	(c) a Crown corporation as defined in subsection 83(1) of the Financial Adminis tration Act; or
	(d) a federal work or undertaking.
Regulations	97. The Governor in Council may make regulations
	(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 in formation to be contained in the report;
	(b) respecting the notification and reporting of a release, including prescribing the circumstances in which a notification or a written report is not required to be made under paragraph 95(1)(a);
	(c) declaring provisions to be adequate for the purposes of subsection 95(4); and
	(d) generally for carrying out the purposes and provisions of sections 95 and 96.
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 inciden tal to taking any measures under subsection 95(5) from
	(a) any person referred to in paragraph 95(2)(a); and
	(b) any person referred to in paragraph 95(2)(b) to the extent of the person's negligence in causing or contributing to the release.
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 circum stances.
Joint and several liability	(3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable for the costs and expenses referred to in that subsection.
Limitation	(4) A person referred to in paragraph 95(2)(b) shall not be held liable under subsec tion (3) to an extent greater than the extent of the person's negligence in causing or contrib uting to the release.
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.
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.
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 the later.
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.
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,
	(a) direct any manufacturer, processor, importer, retailer or distributor of the sub stance or product to take any or all of the following measures:
	(i) give public notice in a manner di rected by the Minister of any danger to the environment or to human life or health posed by the substance or product,
	(ii) mail a notice as described in subpara graph (i) to every manufacturer, proces sor, distributor or retailer of the substance or product, or
	(iii) mail a notice as described in subpara graph (i) to every person to whom the substance or product is known to have been delivered or sold; and
	(b) direct any manufacturer, processor, distributor, importer or retailer of the sub stance or product to take any or all of the following measures:
	(i) replace the substance or product with one that does not pose a danger to the environment or to human life or health,
	(ii) accept the return of the substance or product from the purchaser and refund the purchase price, or
	(iii) any other measures for the protection of the environment or of human life or health.

Bill C-74

Release of Toxic Substances