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Bill C-74

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Application

(2) Subsection (1) applies to any person who

    (a) owns or has charge of a substance immediately before its release or its likely release into water; 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 shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an inspector or to such person as is designated by regulation.

Report to 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.

Immunity

(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.

Recovery of reasonable costs and expenses by Her Majesty

180. (1) Her Majesty in right of Canada may recover the costs and expenses of and inciden tal to taking any measures under subsection 179(5) from

    (a) any person referred to in paragraph 179(2)(a); and

    (b) any person referred to in paragraph 179(2)(b) to the extent of the person's negligence in causing or contributing to the release.

Only if 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 179(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person's negligence in causing or contributing 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.

Prohibition

181. No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 177.

Plans and specifications

182. If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, water pollution, the person shall, at the request of the Minister for the purposes of this Division and within such time as the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, under taking or activity and with analyses, samples, evaluations, studies, mitigation methodolo gies or other information relating to the substance.

Interim order

183. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 177 if the Minister believes

    (a) that the substance or source referred to in subsection 176(1) is not adequately regulated; and

    (b) that immediate action is required to deal with a significant danger to the environ ment or to human life or health.

Effective date of order

(2) An interim order has effect from the time it is made.

Approval of Governor in Council

(3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.

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 all affected governments 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.

Ministerial action

(5) Where the Governor in Council ap proves an interim order, the Minister shall, within 90 days after the approval, take mea sures to comply with section 176 in order to address the significant danger that gave rise to the interim order.

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 time 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 is made in accor dance with subsection (5), and

    (c) two years after the order is made.

Revocation of interim order

(8) No action is required to be taken under subsection (5) if the interim order is repealed.

Report to Parliament

184. The Minister shall include in the annual report required by section 342 a report on the administration of this Division.

DIVISION VIII

CONTROL OF MOVEMENT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL, AND OF PRESCRIBED NON-HAZARDOUS WASTE FOR FINAL DISPOSAL

Import, export and transit

185. (1) No person shall import, export or convey in transit a hazardous waste or hazard ous recyclable material, or prescribed non- hazardous waste for final disposal, except

    (a) after notifying the Minister and paying the prescribed fee;

    (b) after receiving from the Minister which ever one of the following permits is applica ble:

      (i) an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or

      (ii) a transit permit that states that the Minister has authorized the movement; and

    (c) in accordance with the prescribed condi tions.

Refusal to issue permit

(2) If the Minister is of the opinion that the waste or material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse, in accordance with the criteria set out in the regulations, to issue a permit even if the relevant authorities have given their authorization.

Consultation with governments

(3) Before refusing under subsection (2) to issue a permit to import, the Minister shall consult with the government of the jurisdic tion of destination.

Special circumstances to issue permits

(4) Where the Minister is of the opinion that the waste or material will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may issue a permit if the relevant authorities inform the Minister that they lack the legal authority to authorize the movement, final disposal or recycling but are not opposed to it.

Prohibi-
tions - import, export and transit

186. (1) For the purpose of implementing international agreements respecting the envi ronment, the Minister may, with the approval of the Governor in Council and in accordance with all international agreements signed or adopted by Canada, prohibit, completely or partially and under such conditions as may be prescribed, the importation, exportation or transit of waste or material referred to in subsection 185(1).

Prohibition of abandonment

(2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of importation, exportation or transit.

Publication

187. After the Minister receives a notifica tion of the proposed import, export or transit of a waste or material referred to in subsection 185(1), the Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, the name or specifications of the waste or material and

    (a) in the case of a proposed import, the name of the jurisdiction of origin and the name of the importer;

    (b) in the case of a proposed export, the name of the jurisdiction of destination and the name of the exporter; and

    (c) in the case of a proposed transit, the names of the jurisdictions of origin and of destination and the name of the conveyor.

Reduction of export for final disposal

188. (1) For the purpose of reducing or phasing out the export of hazardous waste for final disposal, the Minister may require an exporter, or a class of exporters, of hazardous waste to

    (a) submit to the Minister, at the same time as the notification referred to in paragraph 185(1)(a) and at any other prescribed time, a plan in accordance with the regulations; and

    (b) implement that plan.

Declaration of implementa-
tion

(2) Every person who is required to imple ment a plan under paragraph (1)(b) shall file with the Minister, within 30 days after the completion of each stage of the plan, a written declaration that the implementation has been completed.

Sanction

(3) The Minister may refuse to issue a permit to an exporter who does not comply with subsection (1) or (2).

Movement within Canada

189. (1) No person shall undertake move ment within Canada of hazardous waste or hazardous recyclable material otherwise than in accordance with this Division and the regulations and unless the person pays the prescribed fee.

Publication

(2) The Minister shall publish in the Cana da Gazette, or in any other manner that the Minister considers appropriate, information derived from documents received under regu lations made for the purpose of this section.

Permits based on equivalent environ-
mental safety level

190. (1) The Minister may issue a permit authorizing, subject to conditions fixed by the Minister, any activity to be conducted in a manner that does not comply with this Divi sion if the Minister is satisfied that

    (a) the manner in which the activity will be conducted provides a level of environmen tal safety at least equivalent to that provided by compliance with this Division; and

    (b) in the case of the importation, exporta tion or transit of a waste or material referred to in subsection 185(1), the activity is consistent with international environmental agreements binding on Canada.

Scope of permit

(2) The permit may authorize the activity in terms of the persons who may conduct the activity and in terms of the waste and material that it may involve.

Revocation of permit

(3) The Minister may revoke the permit if

    (a) the Minister is of the opinion that paragraph (1)(a) or (b) no longer applies;

    (b) the regulations have been amended and address the activity authorized by the permit; or

    (c) the permit holder does not comply with the conditions of the permit.

Publication

(4) The Minister shall publish in the Cana da Gazette, or in any other manner that the Minister considers appropriate, a copy of each permit issued under this section.

Regulations

191. The Governor in Council may, on the recommendation of the Minister, make regu lations generally for carrying out the purposes and provisions of this Division, including regulations

    (a) defining, for the purposes of this Divi sion and Part X, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to such definitions;

    (b) respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division;

    (c) establishing criteria for the purposes of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party;

    (d) for establishing a classification system for waste and material;

    (e) respecting information and documents to be provided to the Minister;

    (f) respecting conditions governing the import, export, transit and movement with in Canada of waste and material;

    (g) respecting plans referred to in subsec tion 188(1), taking into account

      (i) the benefit of using the nearest appropriate disposal facility, and

      (ii) changes in the quantity of goods the production of which generate hazardous waste to be disposed of by an exporter or class of exporters; and

    (h) prescribing anything that by this Divi sion is to be prescribed.

Forms

192. The Minister may establish forms for the purposes of this Division.

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