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Bill C-32

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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 under 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 environmental emergency to the inspector or other person;

    (b) take all reasonable emergency measures consistent with the protection of the environment and public safety

      (i) to prevent the environmental emergency, or

      (ii) to repair, reduce or mitigate any negative effects on the environment or human life or health that result from the environmental emergency or that may reasonably be expected to result from it; 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 environmental 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 authorized 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 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 (4) 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.

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 identity unless the person making the request authorizes the disclosure in writing.

Employee protection

(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):

    (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 Administration 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 incidental 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 their negligence or wilful conduct in causing or contributing to the environmental emergency.

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 circumstances.

Liability

(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.

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 their 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 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 national system for the notification and reporting 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 under 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 restoring any part of the environment damaged by or during the 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 to the environment resulting from the emergency, including 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.

Definition of ``public authority in Canada''

(2) In subsection (1), ``public authority in Canada'' means Her Majesty in right of a province, an aboriginal government or any other body designated by the Governor in Council for the purposes of that subsection as a public authority in Canada.

Strict liability subject to certain defences

(3) The person's liability under subsection (1) does not depend on proof of fault or negligence, but the owner is not liable under that subsection if the owner establishes that the environmental emergency

    (a) resulted from an act of war, hostilities or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character;

    (b) was wholly caused by an act or omission of a third party with intent to cause damage; or

    (c) was wholly caused by the negligence or other wrongful act of government, public department or public authority.

Reduced liability

(4) Where the person who is liable under subsection (1) establishes that the environmental emergency resulted wholly or partially from

    (a) an act or omission done by the person who suffered the damage with intent to cause damage, or

    (b) the negligence or wilful conduct of that person,

the liability of the person referred to in subsection (1) to that other person is reduced or nullified in proportion to the degree to which the environmental emergency resulted from the factors mentioned in paragraphs (a) and (b).

Person's rights against third parties preserved

(5) Nothing in this Part shall be construed as limiting or restricting any right of recourse that the person who is liable under subsection (1) may have against any other person.

Person's own claim for costs and expenses

(6) Costs and expenses incurred by the person referred to in subsection (1) in respect of measures voluntarily taken to prevent, repair, remedy or minimize damage from the environmental emergency, including measures taken in anticipation of an environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, rank equally with other claims against any security given by that person in respect of that person's liability under this section.

PART 9

GOVERNMENT OPERATIONS AND FEDERAL AND ABORIGINAL LAND

Interpretation

Definition of ``regula-
tions''

206. In this Part, ``regulations'' means regulations made under this Part.

Application

Application to Government, etc.

207. (1) This Part applies to

    (a) departments, boards and agencies of the Government of Canada;

    (b) federal works and undertakings; and

    (c) aboriginal land, federal land, persons on that land and other persons in so far as their activities involve that land.

Crown corporations

(2) This Part also applies to Crown corporations, as defined in subsection 83(1) of the Financial Administration Act, but objectives, guidelines, codes of practice and regulations made under this Part shall not impose any requirements on them that are more stringent than those applicable to persons in the private sector.

Limitation

(3) This Part does not restrict any of the following powers in so far as they may be exercised in relation to air and all layers of the atmosphere above federal land or aboriginal land:

    (a) powers under the Aeronautics Act or a provision of any other Act of Parliament relating to aeronautics or air transportation; or

    (b) powers under the National Defence Act or a provision of any other Act of Parliament relating to national defence and security.

Objectives, Guidelines and Codes of Practice

Minister shall establish

208. (1) The Minister shall establish objectives, guidelines and codes of practice for the purpose of carrying out the Minister's duties and functions under this Part related to the quality of the environment.

Consultation

(2) In establishing an objective, a guideline or a code of practice under subsection (1), the Minister

    (a) shall offer to consult with the government of a territory if the objective, guideline or code of practice applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and

    (b) may consult with a department, board or agency of the Government of Canada.

Regulations

Regulations for the protection of the environment

209. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the protection of the environment, including, but not limited to, regulations respecting

    (a) the establishment of environmental management systems;

    (b) pollution prevention and pollution prevention plans;

    (c) environmental emergencies, releases of substances and likely releases, including their prevention, preparedness for them, reporting them, both as soon as possible in the circumstances and in detail at a later stage, and the measures to be taken to respond to them and to correct damage to the environment;

    (d) the designation of persons for the purposes of paragraph 212(1)(a) and subsections 212(3) and 213(1) and prescribing the form of the report to be made under those provisions and the information to be contained in it;

    (e) the circumstances in which a report is not required under paragraph 212(1)(a);

    (f) any substance; and

    (g) any other matter necessary to carry out the purposes of this Part.

Content of the regulations

(2) Regulations with respect to any substance may provide for, or impose requirements respecting,

    (a) the quantity or concentration of any substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;

    (b) the places or areas where the substance may be released;

    (c) the commercial, manufacturing, processing or other activity in the course of which the substance may be released;

    (d) the manner in which and the conditions under which the substance may be released into the environment, either alone or in combination with any other substance;

    (e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;

    (f) the purposes for which the substance or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;

    (g) the manner in which and the conditions under which the substance or a product containing it may be imported, manufactured, processed or used;

    (h) the quantities or concentrations in which the substance may be used;

    (i) the quantities or concentrations of the substance that may be imported;

    (j) the countries from or to which the substance may be imported or exported;

    (k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;

    (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing the substance and the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;

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