Bill C-74
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TABLE OF PROVISIONS |
AN ACT RESPECTING POLLUTION PREVENTION AND THE PROTECTION OF THE ENVIRONMENT AND HUMAN HEALTH IN ORDER TO CONTRIBUTE TO SUSTAINABLE DEVELOPMENT |
| Declaration
|
| Preamble
|
SHORT TITLE |
| 1. Short title
|
ADMINISTRATIVE DUTIES |
| 2. Duties of the Government of Canada
|
INTERPRETATION |
| 3. Definitions
|
| 4. Aboriginal rights
|
HER MAJESTY |
| 5. Binding on Her Majesty
|
PART I |
ADMINISTRATION |
Advisory Committees |
| 6. National Advisory Committee
|
| 7. Ministerial advisory committees
|
| 8. Report of various committees
|
Agreements Respecting Administration |
| 9. Negotiation of agreement
|
Agreements Respecting Equivalent Provisions |
| 10. Non-application of regulations or
orders
|
PART II |
PUBLIC PARTICIPATION |
Interpretation |
| 11. Definition of ``environmental
protection action''
|
Environmental Registry |
| 12. Establishment of Environmental
Registry
|
| 13. Contents of Environmental Reg
istry
|
| 14. Protection from civil proceeding
or prosecution
|
Rights under Other Parts |
| 15. Additional rights
|
Voluntary Reports |
| 16. Voluntary reports
|
Investigation of Offences |
| 17. Application for investigation by
Minister
|
| 18. Investigation by Minister
|
| 19. Progress reports
|
| 20. Minister may send evidence to
Attorney General of Canada
|
| 21. Discontinuation of investigation
|
Environmental Protection Action |
| 22. Circumstances when an individu
al may bring an action
|
| 23. Limitation period of two years
|
| 24. No action for remedial conduct
|
| 25. Exception
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| 26. Notice of the action
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| 27. Attorney General to be served
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| 28. Other participants
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| 29. Burden of proof
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| 30. Defences
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| 31. Undertakings to pay damages
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| 32. Stay or dismissal
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| 33. Remedies
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| 34. Orders to negotiate plans
|
| 35. Restriction on orders to negotiate
plans
|
| 36. Settlement or discontinuance
|
| 37. Settlements and orders
|
| 38. Costs
|
Action to Prevent or Compensate Loss |
| 39. Injunction
|
| 40. Civil cause of action
|
Other Matters |
| 41. Evidence of offence
|
| 42. Civil remedies not affected
|
PART III |
INFORMATION GATHERING, OBJECTIVES, GUIDELINES AND CODES OF PRACTICE |
Interpretation |
| 43. Definition of ``fish''
|
Environmental Data and Research |
| 44. Monitoring, research and publica
tion
|
| 45. Role of Minister of Health
|
Information Gathering |
| 46. Notice requiring information
|
| 47. Guidelines
|
| 48. National inventory
|
| 49. Publication in whole or in part
|
| 50. Publication of inventory
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| 51. Request for confidentiality
|
| 52. Reasons
|
| 53. Additional justification
|
Objectives, Guidelines and Codes of Practice |
| 54. Formulation by the Minister
|
| 55. Formulation by the Minister of
Health
|
PART IV |
POLLUTION PREVENTION |
Pollution Prevention Plans |
| 56. Requirement for pollution pre
vention plans
|
| 57. Plan prepared for another govern
ment or Act
|
| 58. Declaration of preparation
|
| 59. Requirement to keep plan
|
| 60. Requirement to submit certain
plans
|
Model Plans and Guidelines |
| 61. Model plans
|
| 62. Guidelines
|
Voluntary Initiatives |
| 63. Information clearing-house
|
PART V |
CONTROLLING TOXIC SUBSTANCES |
Interpretation |
| 64. Definition of ``virtual elimina
tion''
|
| 65. Toxic substances
|
General |
| 66. Domestic Substances List
|
| 67. Regulation of criteria
|
| 68. Research, investigation and eval
uation
|
| 69. Formulation of guidelines by the
Ministers
|
Information Gathering |
| 70. Notice to the Minister
|
| 71. Notice requiring information,
samples or testing
|
| 72. Exercise of powers under para
graph 71(1)(c)
|
Priority Substances and Other Substances |
| 73. Categorization of substances on
Domestic Substances List
|
| 74. Screening level risk assessment
|
| 75. Definition of ``jurisdiction''
|
| 76. Priority Substances List
|
| 77. Publication after assessment
|
| 78. Notice of objection
|
| 79. Plans required for virtual elimina
tion
|
Substances and Activities New to Canada |
| 80. Definitions
|
| 81. Manufacture or import of sub
stances
|
| 82. Prohibition of activity
|
| 83. Assessment of information
|
| 84. Action to be taken after assess
ment
|
| 85. Significant new activity rule
|
| 86. Notification of persons required
to comply
|
| 87. Amendment of Lists
|
| 88. Publication of masked name
|
| 89. Regulations
|
Regulation of Toxic Substances |
| 90. Addition to List of Toxic Sub
stances
|
| 91. Publication of proposal for pre
ventive or control actions
|
| 92. Publication of preventive or con
trol actions
|
| 93. Regulations
|
| 94. Interim orders
|
Release of Toxic Substances |
| 95. Report and remedial measures
|
| 96. Voluntary report
|
| 97. Regulations
|
| 98. Recovery of reasonable costs and
expenses by Her Majesty
|
| 99. Remedial measures
|
Export and Import of Substances |
| 100. List of Prohibited Substances
|
| 101. List of Substances Requiring Ex
port Notification
|
| 102. Conditions governing export of
substances
|
| 103. Publication of List of Substances
Authorities
|
PART VI |
BIOTECHNOLOGY |
| 104. Definitions
|
| 105. Adding living organisms to Do
mestic Substances List
|
| 106. Manufacture or import of living
organisms
|
| 107. Prohibition of activity
|
| 108. Assessment of information
|
| 109. Action to be taken after assess
ment
|
| 110. Significant new activity rule
|
| 111. Notification of persons required
to comply
|
| 112. Amendment of List
|
| 113. Publication of masked name
|
| 114. Regulations
|
| 115. Other regulations
|
PART VII |
CONTROLLING POLLUTION AND MANAGING WASTES |
DIVISION I |
NUTRIENTS |
| 116. Definitions
|
| 117. Prohibition
|
| 118. Regulations
|
| 119. Remedial measures
|
DIVISION II |
PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED SOURCES OF POLLUTION |
| 120. Definitions
|
| 121. Objectives, guidelines and codes
of practice
|
DIVISION III |
DISPOSAL AT SEA |
| Interpretation
|
| 122. Definitions
|
| Prohibitions
|
| 123. Imports for disposal in waters un
der Canadian jurisdiction
|
| 124. Loading in Canada for disposal at
sea
|
| 125. Disposal in waters under Cana
dian jurisdiction
|
| 126. Incineration
|
| Permits
|
| 127. Minister may issue permit
|
| 128. Exception
|
| 129. Conditions of permit
|
| Exception for Safety Reasons
|
| 130. Exception
|
| 131. Fisheries Act not applicable
|
| Site Monitoring
|
| 132. Monitoring of sites
|
| Publication
|
| 133. Publication in the Canada Ga
zette
|
| Notice of Objection
|
| 134. Notice of objection
|
| Regulations
|
| 135. Regulations
|
| Costs and Expenses of the Crown
|
| 136. Costs and expenses recoverable
|
| Service of Documents
|
| 137. Manner of service
|
DIVISION IV |
FUELS |
| Interpretation
|
| 138. Definition of ``national fuels
mark''
|
| General Requirements for Fuels
|
| 139. Prohibition
|
| 140. Regulations
|
| National Fuels Marks
|
| 141. Nature of mark
|
| 142. Prohibition
|
| 143. Requirements for use
|
| 144. Cross-boundary shipments
|
| 145. Regulations
|
| 146. Variations in fuels
|
| Temporary Waivers
|
| 147. Temporary waiver
|
| Remedial Measures
|
| 148. Remedial measures
|
DIVISION V |
VEHICLE, ENGINE AND EQUIPMENT EMISSIONS |
| Interpretation
|
| 149. Definitions
|
| National Emissions Marks
|
| 150. Nature of marks
|
| 151. Use of marks
|
| 152. Transportation within Canada
|
| Vehicle, Engine and Equipment Standards
|
| 153. Compliance by companies
|
| 154. Compliance on importation
|
| 155. Exceptions for certain importa
tions
|
| Vehicle or Engine Exemptions
|
| 156. Exemption from standards
|
| Notice of Defects
|
| 157. Obligation to give notice
|
| Research and Testing
|
| 158. Powers of Minister
|
| 159. Emission control tests
|
| Regulations
|
| 160. Regulations
|
| 161. Definition of ``technical stan
dards document''
|
| 162. Emission credits
|
| 163. Interim order
|
| Evidence
|
| 164. Evidence
|
| 165. Evidence
|
DIVISION VI |
INTERNATIONAL AIR POLLUTION |
| 166. Determination of international air
pollution
|
| 167. Regulations
|
| 168. Notice to other country
|
| 169. Report and remedial measures
|
| 170. Recovery of reasonable costs and
expenses by Her Majesty
|
| 171. Prohibition
|
| 172. Plans and specifications
|
| 173. Interim order
|
| 174. Report to Parliament
|
DIVISION VII |
INTERNATIONAL WATER POLLUTION |
| 175. Definition of ``water pollution''
|
| 176. Determination of international
water pollution
|
| 177. Regulations
|
| 178. Notice to other country
|
| 179. Report and remedial measures
|
| 180. Recovery of reasonable costs and
expenses by Her Majesty
|
| 181. Prohibition
|
| 182. Plans and specifications
|
| 183. Interim order
|
| 184. Report to Parliament
|
DIVISION VIII |
CONTROL OF MOVEMENT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL, AND OF PRESCRIBED NON-HAZARDOUS WASTE FOR FINAL DISPOSAL |
| 185. Import, export and transit
|
| 186. Prohibitions - import, export
and transit
|
| 187. Publication
|
| 188. Reduction of export for final dis
posal
|
| 189. Movement within Canada
|
| 190. Permits based on equivalent envi
ronmental safety level
|
| 191. Regulations
|
| 192. Forms
|
PART VIII |
ENVIRONMENTAL MATTERS RELATED TO EMERGENCIES |
| 193. Definitions
|
| 194. Application
|
| 195. Research
|
| 196. Guidelines and codes of practice
|
| 197. Consultation
|
| 198. Publication of guidelines and
codes of practice
|
| 199. Requirements for environmental
emergency plans
|
| 200. Regulations
|
| 201. Remedial measures
|
| 202. Voluntary report
|
| 203. Recovery of costs and expenses
|
| 204. National notification and report
ing system
|
| 205. Liability of owner of substance
|
PART IX |
GOVERNMENT OPERATIONS AND FEDERAL AND ABORIGINAL LAND |
Interpretation |
| 206. Definition of ``regulations''
|
Application |
| 207. Application to Government, etc.
|
Objectives, Guidelines and Codes of Practice |
| 208. Minister shall establish
|
Regulations |
| 209. Regulations for the protection of
the environment
|
| 210. Non-application of regulations
|
Information about Works and Activities |
| 211. Minister may require information
|
Release of Substances |
| 212. Report and remedial measures
|
| 213. Voluntary report
|
| 214. Recovery of costs and expenses
|
| 215. Court and costs
|
PART X |
ENFORCEMENT |
Interpretation |
| 216. Definition of ``substance''
|
Designation of Inspectors, Investigators and Analysts |
| 217. Designation
|
Inspection |
| 218. Inspection
|
| 219. Production of documents and
samples
|
Search |
| 220. Authority to issue warrant for
search and seizure
|
| 221. Custody
|
| 222. Redelivery on deposit of security
|
Detention |
| 223. Seizure
|
| 224. Application to extend period of
detention
|
Detention of Ships |
| 225. Detention of ships
|
Assistance to Inspectors, Investigators and Analysts |
| 226. Entry
|
| 227. Assistance
|
| 228. Obstruction
|
Forfeiture |
| 229. Forfeiture on consent
|
| 230. Forfeiture by order of court
|
| 231. Court may order forfeiture
|
| 232. Disposal of forfeited ship, air
craft, etc.
|
| 233. Application by person claiming
interest
|
Environmental Protection Compliance Orders |
| 234. Definition of ``order''
|
| 235. Order
|
| 236. Exigent circumstances
|
| 237. Notice of intent
|
| 238. Compliance with the order
|
| 239. Intervention by inspector
|
| 240. Recovery of reasonable costs and
expenses by Her Majesty
|
| 241. Variation or cancellation of order
|
| 242. Rules for practice and procedure
before inspectors
|
Review Officers |
| 243. Roster of review officers
|
| 244. Chief Review Officer
|
| 245. Term of members
|
| 246. Publication in Canada Gazette
|
| 247. Knowledge
|
| 248. Other employment
|
| 249. Remuneration and fees
|
| 250. Acting after expiration of term
|
| 251. Secretary and other staff
|
| 252. Government services and facili
ties
|
| 253. Immunity
|
| 254. Crown not relieved
|
| 255. Tort liability
|
Reviews |
| 256. Request for review
|
| 257. Review
|
| 258. No automatic stay on appeal
|
| 259. Right to appear
|
| 260. Powers
|
| 261. Enforcement of summonses and
orders
|
| 262. Procedure
|
| 263. Powers of review officer
|
| 264. Variation or cancellation of re
view officer's decision
|
| 265. Limitations on exercise of review
officer's powers
|
| 266. Decision of review officer
|
| 267. Rules
|
| 268. Orders and notices
|
Federal Court |
| 269. Appeal to Federal Court
|
| 270. Standing of Minister on appeal to
Federal Court
|
| 271. Order not suspended
|
Offences and Punishment |
| 272. Contravention of the Act, the reg
ulations or agreements
|
| 273. False or misleading information,
etc.
|
| 274. Damage to environment and risk
of death or harm to persons
|
| 275. Limitation period
|
| 276. Continuing offence
|
| 277. Construction of subsection 389(5)
of Canada Shipping Act
|
| 278. Regulations
|
| 279. Nearest court has jurisdiction for
Division III of Part VII offences
|
| 280. Liability of directors
|
| 281. Identifying owner, master, etc.
|
| 282. Proof of offence
|
| 283. Defence
|
| 284. Importing substances by analysts
|
| 285. Certificate of analyst
|
| 286. Safety marks and prescribed doc
uments
|
Sentencing Criteria |
| 287. Sentencing considerations
|
Discharge |
| 288. Absolute or conditional discharge
|
| 289. Suspended sentence
|
| 290. Additional fine
|
| 291. Orders of court
|
| 292. Compensation for loss of property
|
| 293. Variation of sanctions
|
| 294. Subsequent applications with
leave
|
Environmental Protection Alternative Measures |
| 295. Definitions
|
| 296. When measures may be used
|
| 297. Sentencing considerations
|
| 298. Nature of measures contained in
agreement
|
| 299. Duration of agreement
|
| 300. Filing in court for the purpose of
public access
|
| 301. Filing in Environmental Registry
|
| 302. Stay and recommencement of
proceedings
|
| 303. Application to vary agreement
|
| 304. Records of persons
|
| 305. Records of police forces and in
vestigative bodies
|
| 306. Government records
|
| 307. Disclosure of records
|
| 308. Agreements respecting exchange
of information
|
| 309. Regulations
|
Contraventions |
| 310. Ticketing
|
Other Remedies |
| 311. Injunction
|
Defence |
| 312. Defence
|
PART XI |
MISCELLANEOUS MATTERS |
Disclosure of Information |
| 313. Request for confidentiality
|
| 314. Prohibition of disclosure
|
| 315. Disclosure by Minister for public
interest
|
| 316. Certain purposes for which in
formation may be disclosed
|
| 317. Disclosure by Minister
|
| 318. Hazardous Materials Information
Review Act
|
| 319. Regulations
|
| 320. Non-disclosure by Minister of
National Defence
|
| 321. Security requirements for disclo
sure
|
Economic Instruments |
| 322. Guidelines, programs and other
measures
|
| 323. Consultation
|
| 324. Publication of guidelines and pro
grams
|
| 325. Regulations for systems relating
to deposits and refunds
|
| 326. Regulations for tradeable units
systems
|
| 327. Ministerial orders
|
Regulations Respecting Fees and Charges |
| 328. Services and facilities
|
| 329. Consultation
|
General Regulation-making Powers and Exemptions |
| 330. Exercise of regulation-making
power
|
| 331. Exemption from Statutory Instru
ments Act
|
Prepublication Requirements |
| 332. Publication of proposed orders
and regulations
|
Board of Review Proceedings |
| 333. Establishment of board of review
|
| 334. Number of members of board
|
| 335. Appearance before board
|
| 336. Withdrawal of notice of objection
|
| 337. Powers of board
|
| 338. Costs
|
| 339. Absent member of board
|
| 340. Report
|
| 341. Rules for boards of review
|
Report to Parliament |
| 342. Annual report
|
| 343. Permanent review of Act by par
liamentary committee
|
PART XII |
CONSEQUENTIAL AND CONDITIONAL AMENDMENTS, REPEAL AND COMING INTO FORCE |
Consequential Amendments |
| 344. Access to Information Act
|
| 345. Canada Shipping Act
|
| 346. Criminal Code
|
| 347. Food and Drugs Act
|
| 348-352. Motor Vehicle Safety Act
|
Conditional Amendments |
| 353. Bill C-25
|
| 354-356. Bill C-26
|
| 357. Bill C-29
|
| 358. Bill C-62
|
Repeal |
| 359. Canadian Environmental Protec
tion Act
|
Coming into Force |
| 360. Coming into force
|
| SCHEDULES I TO VI
|