Bill C-32
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Definition of
``sell''
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(2) In this section, ``sell'' includes, in
respect of a substance, the transfer of the
physical possession or control of the
substance.
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Advice by
Committee
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(3) Before a regulation is made under
subsection (1), the Minister shall give the
Committee an opportunity to advise the
Ministers.
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Consultation
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(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
substance, the Minister shall consult with the
Minister for International Trade.
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Exemption
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(5) The Governor in Council may, on the
recommendation of the Ministers, make
regulations providing for the exemption of the
following activities from the application of
this Part and any regulations made under it:
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Substances
regulated
under other
Acts of
Parliament
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(6) The Governor in Council shall not make
a regulation under subsection (1) in respect of
a 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.
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Amendment
to the List of
Toxic
Substances in
Schedule 1
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(7) A regulation made under subsection (1)
with respect to a substance may amend the
List of Toxic Substances in Schedule 1 so as to
specify the type of regulation that applies with
respect to the substance.
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Interim orders
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94. (1) Where
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the Minister may make an interim order in
respect of the substance and the order may
contain any provision that may be contained in
a regulation made under subsection 93(1) or
(5).
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Effect of
order
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(2) Subject to subsection (3), an interim
order has effect
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Approval of
Governor in
Council
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(3) An interim order ceases to have effect
unless it is approved by the Governor in
Council within 14 days after it is made.
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Consultation
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(4) The Governor in Council shall not
approve an interim order unless the Minister
has
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Recommen- dation of regulations
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(5) Where the Governor in Council
approves 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
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Contraven- tion of unpublished order
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(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, had not been published in the
Canada Gazette unless it is proved that, at the
date of the alleged contravention, that person
had been notified of the interim order.
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Cessation of
effect
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(7) Subject to subsection (3), an interim
order ceases to have effect on the earliest of
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Release of Toxic Substances |
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Report and
remedial
measures
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95. (1) Where there occurs or is a likelihood
of a release into the environment of a
substance specified on the List of Toxic
Substances in Schedule 1 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,
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Application
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(2) Subsection (1) applies to any person
who
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Report by
property
owner
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(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 1 shall, as soon as
possible in the circumstances and subject to
subsection (4), report the matter to an
inspector or to any person that is designated by
regulation.
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Report to
provincial
official
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(4) Where there are in force, by or under the
laws of a province or an aboriginal
government, 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.
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Intervention
by inspector
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(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.
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Limitation on
power of
direction
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(6) A 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.
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Access to
property
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(7) Any inspector or other person
authorized or required to take any measures
under subsection (1) or (5) may enter and have
access to any place or property and may do any
reasonable things that may be necessary in the
circumstances.
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Personal
liability
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(8) Any person, other than a person
described in subsection (2), who provides
assistance or advice in taking the measures
required by subsection (1) or who takes any
measures authorized under subsection (5) is
not personally liable either civilly or
criminally 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.
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Voluntary
report
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96. (1) Where a person has knowledge of
the occurrence or likelihood of a release into
the environment of a substance specified on
the List of Toxic Substances in Schedule 1, 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.
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Request for
confidentia- lity
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(2) A person making a report under
subsection (1) may request that the person's
identity and any information that could
reasonably reveal the identity not be released.
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Requirement
for
confidentia- lity
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(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 their
identity unless the person making the request
authorizes the release in writing.
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Employee
protection
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(4) Despite any other Act of Parliament, no
person shall discipline, dismiss or harass an
employee of any of the following
organizations for making a report under
subsection (1):
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Regulations
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97. The Governor in Council may make
regulations
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Recovery of
reasonable
costs and
expenses by
Her Majesty
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98. (1) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection 95(5) from
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Reasonably
incurred
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(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
circumstances.
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Joint and
several
liability
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(3) Subject to subsection (4), the persons
referred to in subsection (1) are jointly and
severally liable or solidarily liable for the
costs and expenses referred to in that
subsection.
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Limitation
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(4) A person referred to in paragraph
95(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.
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Procedure
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(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.
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Recourse or
indemnity
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(6) This section does not limit or restrict any
right of recourse or indemnity that a person
may have against any other person.
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Limitation
period
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(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 later.
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Minister's
certificate
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(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.
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Remedial
measures
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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,
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