Bill C-74

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First Reading

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	PART VIII
	ENVIRONMENTAL MATTERS RELATED TO EMERGENCIES
Definitions	193. The definitions in this section apply in this Part.
``environ- mental emergency'' « urgence environne- mentale »	``environmental emergency'' means
	(a) an uncontrolled, unplanned or acci dental release, or release in contraven tion of regulations made under this Part, of a substance into the environment; or
	(b) the reasonable likelihood of such a release into the environment.
``substance'' « substance »	``substance'' means, except in section 199, a substance on the list of substances estab lished pursuant to regulations made under this Part.
Application	194. For the purposes of this Part, any power, duty or function conferred or imposed under this Part may only be exercised or performed in relation to those aspects of an environmental emergency that
	(a) have or may have an immediate or long-term harmful effect on the environ ment;
	(b) constitute or may constitute a danger to the environment on which human life depends; or
	(c) constitute or may constitute a danger in Canada to human life or health.
Research	195. Notwithstanding subsection 36(3) of the Fisheries Act, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d) and 209(2)(a), (b), (c) and (d), the Minister may examine and conduct re search, including tests, respecting the causes, circumstances and effects of and remedial measures for an environmental emergency.
Guidelines and codes of practice	196. The Minister may issue guidelines and codes of practice respecting the prevention of, preparedness for and response to an environ mental emergency and for restoring any part of the environment damaged by or during an emergency.
Consultation	197. In carrying out the responsibilities conferred by sections 195 and 196, the Minister may
	(a) consult with a government, a govern ment department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or environmental emergen cies; and
	(b) where applicable, conduct and publicize demonstration projects.
Publication of guidelines and codes of practice	198. The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, guidelines and codes of practice issued under section 196 or a notice stating where copies of those documents may be obtained.
Requirements for environ- mental emergency plans	199. (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 or implement an environmental emer gency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency in respect of
	(a) a substance or group of substances on the List of Toxic Substances in Schedule I; or
	(b) a substance or group of substances in relation to which there has been published in the Canada Gazette
	(i) a statement of the Ministers under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, is a recommen dation that the substance be added to the List of Toxic Substances in Schedule I, or
	(ii) a copy of an order proposed to be made under subsection 90(1).
Contents of notice	(2) The notice may specify
	(a) the substance or group of substances in relation to which the plan is to be prepared;
	(b) the period of time within which the plan is to be prepared;
	(c) the period of time within which the plan is to be implemented; and
	(d) any other matter that the Minister considers necessary.
Extension of time	(3) Where the Minister is of the opinion that further time is necessary to prepare or imple ment the plan, the Minister may extend the period for a person who submits a written request before the expiration of the period referred to in the notice or of any extended period.
Plan prepared for another government or Act	(4) Subject to subsection (5), where a person who is required to prepare or imple ment an environmental emergency plan under a notice published under this section has prepared or implemented a plan in respect of environmental emergencies for another gov ernment 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 an environmental emergency plan that has been prepared or implemented under this Part.
Where partial requirements met	(5) Where a person uses a plan under subsection (4) that does not meet all of the requirements of the notice, the person shall
	(a) amend the plan so that it meets all of those requirements; or
	(b) prepare an additional environmental emergency plan that meets the remainder of those requirements.
Application of provisions re declarations and keeping plans	(6) Sections 58 and 59 apply in respect of environmental emergency plans, with such modifications as the circumstances require, as if any reference to a pollution prevention plan were read as a reference to an environmental emergency plan.
Submission of plans	(7) The Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requir ing any person or class of persons described in the notice who are required to prepare or implement an environmental emergency plan under subsection (1) or section 291 or under an agreement in respect of environmental protec tion alternative measures to submit, within the period of time specified by the Minister, the plan or any part of the plan.
Regulations	200. (1) The Governor in Council may, on the recommendation of the Minister and after the Committee is given an opportunity to provide its advice to the Minister under section 6, make regulations
	(a) establishing a list of substances that, if they enter the environment as a result of an environmental emergency,
	(i) have or may have an immediate or long-term harmful effect on the environ ment,
	(ii) constitute or may constitute a danger to the environment on which human life depends, or
	(iii) constitute or may constitute a danger in Canada to human life or health;
	(b) prescribing, in respect of each substance on the list established under paragraph (a), a minimum quantity;
	(c) respecting the identification of the places in Canada where the substances referred to in paragraph (a) in the quantities prescribed under paragraph (b) are located and requiring notification to the Minister of those places;
	(d) respecting the prevention of, prepared ness for, response to and recovery from an environmental emergency in respect of a substance;
	(e) respecting the notification and reporting of an environmental emergency;
	(f) respecting the notification and reporting of the measures taken
	(i) to prevent the environmental emer gency, or
	(ii) to repair, reduce or mitigate any negative effects on the environment or to human life or health that result from the environmental emergency, or that may reasonably be expected to result from the environmental emergency;
	(g) respecting the implementation of in ternational agreements entered into by Canada in relation to environmental emer gencies; and
	(h) respecting any other matter necessary for the purposes of this Part.
Environ- mental emergencies regulated under other Acts of Parliament	(2) The Governor in Council shall not make a regulation under subsection (1) in respect of a matter if, in the opinion of the Governor in Council, the matter is regulated by or under any other Act of Parliament.
Remedial measures	201. (1) Subject to any regulations made under subsection 200(1), where there occurs an environmental emergency in respect of a substance on the list established pursuant to the regulations, any person described in subsection (2) shall, as soon as possible in the circumstances,
	(a) notify an inspector or any other person designated pursuant to the regulations and provide a written report on the environmen tal emergency to the inspector or other person;
	(b) take all reasonable emergency measures consistent with the protection of the envi ronment and public safety
	(i) to prevent the environmental emer gency, or
	(ii) to repair, reduce or mitigate any negative effects on the environment or to human life or health that result from the environmental emergency, or that may reasonably be expected to result from the environmental emergency; and
	(c) make a reasonable effort to notify any member of the public who may be adversely affected by the environmental emergency.
Application	(2) Subsection (1) applies to any person who
	(a) owns or has the charge, management or control of a substance immediately before the environmental emergency; or
	(b) causes or contributes to the environmen tal emergency.
Report by other persons	(3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an inspector or to a person designated by the regulations if their property is affected by the environmental emergency.
Intervention by inspector	(4) 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	(5) Any direction of an inspector under subsection (4) 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	(6) Any inspector or other person autho rized or required to take any measures under subsection (1) or (4) may enter and have access to any place or property and may do anything reasonable that may be necessary in the circumstances.
Personal liability	(7) 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 (4) 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	202. (1) If a person knows about an environmental emergency, but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an inspector or to a person designated by the regulations.
Request for confidentia- lity	(2) The person making the report may request that their identity and any information that could reasonably reveal their identity not be released.
Requirement of confidentia- lity	(3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identi ty, unless the person making the request authorizes the disclosure 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.
Recovery of costs and expenses	203. (1) Her Majesty in right of Canada may recover the costs and expenses of and inciden tal to taking any measures under subsection 201(4) from
	(a) any person referred to in paragraph 201(2)(a); and
	(b) any person referred to in paragraph 201(2)(b) to the extent of the person's negligence or wilful conduct in causing or contributing to the environmental emergen cy.
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 201(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person's negligence or wilful conduct in causing or contributing to the environmental emergency.
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.
National notification and reporting system	204. (1) The Minister may establish, in cooperation with the governments of the provinces and aboriginal governments and government departments or agencies, a na tional system for the notification and report ing of environmental emergencies.
Copies	(2) Subject to section 314, any person may have access to and a copy of any information contained in the national system established pursuant to subsection (1).
Liability of owner of substance	205. (1) Subject to this Part, the person who owns or has the charge, management or control of a substance immediately before an environmental emergency is liable
	(a) for damage to the environment resulting from the environmental emergency;
	(b) for costs and expenses incurred by a public department within the meaning of the Criminal Code or other public authority in Canada in respect of measures taken to prevent, repair, remedy or minimize the damage referred to in paragraph (a), includ ing measures taken in anticipation of the environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures; and
	(c) for costs and expenses incurred by the Minister in respect of measures taken to prevent, repair, remedy or minimize the environmental emergency to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures.

Bill C-74

PART VIII

ENVIRONMENTAL MATTERS RELATED TO EMERGENCIES