Bill C-32
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Consultation
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(3) Before recommending to the Governor
in Council a regulation under this section, the
Minister
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Non- application of regulations
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210. Where provisions of any other Part of
this Act or any other Act of Parliament, or
regulations made under them, are in force in
respect of an aspect of the protection of the
environment and apply to a federal work or
undertaking, federal land or aboriginal land,
regulations made under this Part relating to the
same aspect do not apply to the federal work
or undertaking, the federal land or the
aboriginal land.
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Information about Works and Activities |
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Minister may
require
information
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211. (1) For the purpose of making
regulations, the Minister may require
information from any person who carries on,
or proposes to carry on, a federal work or
undertaking or an activity on federal land or
aboriginal land.
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Kind of
information
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(2) The required information shall be
information that will enable the Minister to
determine any environmental effects that the
work, undertaking or activity may have, and it
may include
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Release of Substances |
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Report and
remedial
measures
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212. (1) If a substance is released into the
environment in contravention of a regulation,
or if there is a likelihood of such a release, a
person described in subsection (2) shall, as
soon as possible in the circumstances,
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Application of
subsection (1)
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(2) Subsection (1) applies to any person
who
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Report by
other persons
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(3) A person, other than a person described
in subsection (2), shall, as soon as possible in
the circumstances, report a release of a
substance to an inspector or to a person
designated by the regulations if their property
is affected by the release and they know that
the substance has been released in
contravention of a regulation.
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Intervention
by inspector
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(4) Where measures required by subsection
(1) are not taken, an inspector may take them,
have them taken or direct a person described
in subsection (2) to take them.
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Limitation on
direction
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(5) If the direction to the person described
in subsection (2) is inconsistent with a
requirement imposed by or under any other
Act of Parliament, it is void to the extent of the
inconsistency.
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Access to
property
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(6) An inspector or other person authorized
or required to take measures under subsection
(1) or (4) may, for the purpose of taking those
measures, enter and have access to any place
or property and may do anything reasonable
that may be necessary in the circumstances.
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Personal
liability
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(7) A person 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
for 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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213. (1) If a person knows about a release or
likely release of a substance into the
environment in contravention of a regulation
but the person is not required to report the
matter under this Act, the person may report
any information about the release or likely
release to an inspector or to a person
designated by the regulations.
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Request for
confidentia- lity
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(2) The person making the report may
request that their identity and any information
that could reasonably reveal their identity not
be released.
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Requirement
of
confidentia- lity
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(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.
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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 this
section or section 212:
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Recovery of
costs and
expenses
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214. (1) The costs and expenses related to
taking any measures under subsection 212(4)
may be recovered by Her Majesty in right of
Canada from
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Reasonably
incurred
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(2) The costs and expenses may only be
recovered to the extent that they have been
reasonably incurred in the circumstances.
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Liability
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(3) Persons from whom the costs and
expenses may be recovered are jointly and
severally liable or solidarily liable for them.
However, a person mentioned in paragraph
212(2)(b) is not liable to an extent greater than
the extent of their negligence or wilful
conduct in causing or contributing to the
release.
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Recourse or
indemnity
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(4) 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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Court and
costs
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215. (1) A claim under section 214 may be
recovered with costs in any court of competent
jurisdiction.
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Limitation
period
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(2) Where events giving rise to the claim
occur, no proceedings in respect of the claim
may be instituted more than five years after
the date on which the events occur or the
Minister becomes aware of them, whichever
is later.
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Minister's
certificate
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(3) A document purporting to have been
issued by the Minister certifying the day on
which the events giving rise to a claim under
section 214 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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PART 10 |
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ENFORCEMENT |
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Interpretation |
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Definitions
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216. The definitions in this section apply in
this Part.
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``convey- ance'' « moyen de transport »
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``conveyance'' includes any vehicle, ship or
aircraft.
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``place'' « lieu »
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``place'' includes any platform anchored at
sea, shipping container or conveyance.
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``substance'' « substance »
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``substance'' includes hazardous wastes,
hazardous recyclable material or
non-hazardous waste, as those expressions
are defined by regulations made under
section 191, and waste or other matter listed
in Schedule 5.
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Designation of Inspectors, Investigators and Analysts |
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Designation
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217. (1) The Minister may designate as
inspectors, investigators or analysts for the
purposes of this Act, or any provision of this
Act,
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Production of
certificate of
designation
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(2) Every inspector, investigator or analyst
shall be furnished with a certificate of
designation as an inspector, investigator or
analyst, as the case may be, and on entering
any place under section 218 or 220, as the case
may be, shall, if so requested, produce the
certificate to the person in charge of the place.
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Definition of
``inspec- tor''
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(3) For the purposes of this Act,
``inspector'' includes an investigator.
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Powers of
investigators
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(4) An investigator has all of the powers,
duties and functions conferred on an inspector
by or under this Act and, in addition, has the
power conferred on a peace officer
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Inspection |
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Inspection
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218. (1) Subject to subsection (2), for the
purposes of this Act and the regulations, an
inspector may, at any reasonable time, enter
and inspect any place if the inspector has
reasonable grounds to believe that
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Private
dwelling- place
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(2) An inspector may not enter a private
dwelling-place or any part of a place that is
designed to be used and is being used as a
permanent or temporary private
dwelling-place except
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Warrant for
inspection of
dwelling- place
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(3) Where on ex parte application a justice
is satisfied by information on oath that
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the justice may issue a warrant authorizing the
inspector named in it to conduct an inspection
of the dwelling-place subject to any
conditions that may be specified in the
warrant.
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Warrants for
inspection of
non- dwellings
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(4) Where on ex parte application a justice
is satisfied by information on oath that
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