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Bill C-32

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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

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 1

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 2

PUBLIC PARTICIPATION

Interpretation
11. Definition of ``environmental protection action''

Environmental Registry
12. Establishment of Environmental Registry

13. Contents of Environmental Registry

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 individual may bring an action

23. Limitation period of two years

24. No action for remedial conduct

25. Exception

26. Notice of the action

27. Attorney General to be served

28. Other participants

29. Burden of proof

30. Defences

31. Undertakings to pay damages

32. Stay or dismissal

33. Remedies

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 3

INFORMATION GATHERING, OBJECTIVES, GUIDELINES AND CODES OF PRACTICE

Interpretation
43. Definition of ``fish''

Environmental Data and Research
44. Monitoring, research and publication

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

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 4

POLLUTION PREVENTION

Pollution Prevention Plans
56. Requirement for pollution prevention plans

57. Plan prepared or implemented for another purpose

58. Declaration of preparation

59. Requirement to keep plan

60. Requirement to submit certain plans

Model Plans and Guidelines
61. Model plans

62. Guidelines

Other Initiatives
63. Information clearing-house

PART 5

CONTROLLING TOXIC SUBSTANCES

Interpretation
64. Definition of ``virtual elimination''

65. Toxic substances

General
66. Domestic Substances List

67. Regulation of criteria

68. Research, investigation and evaluation

69. Formulation of guidelines by the Ministers

Information Gathering
70. Notice to the Minister

71. Notice requiring information, samples or testing

72. Exercise of power under paragraph 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 elimination

Substances and Activities New to Canada
80. Definitions

81. Manufacture or import of substances

82. Prohibition of activity

83. Assessment of information

84. Action to be taken after assessment

85. Significant new activity

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 Substances

91. Publication of proposed regulation or instrument

92. Publication of preventive or control 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 Export Notification

102. Conditions governing export of substances

103. Publication of List of Substances Authorities

PART 6

BIOTECHNOLOGY

104. Definitions

105. Adding living organisms to Domestic Substances List

106. Manufacture or import of living organisms

107. Prohibition of activity

108. Assessment of information

109. Action to be taken after assessment

110. Significant new activity

111. Notification of persons required to comply

112. Amendment of List

113. Publication of masked name

114. Regulations

115. Other regulations

PART 7

CONTROLLING POLLUTION AND MANAGING WASTES

DIVISION 1

NUTRIENTS

116. Definitions

117. Prohibition

118. Regulations

119. Remedial measures

DIVISION 2

PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED SOURCES OF POLLUTION

120. Definitions

121. Objectives, guidelines and codes of practice

DIVISION 3

DISPOSAL AT SEA

Interpretation

122. Definitions

Prohibitions

123. Imports for disposal in waters under Canadian jurisdiction

124. Loading in Canada for disposal at sea

125. Disposal in waters under Canadian 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 Gazette

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 4

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 5

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 importations

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 standards document''

162. Emission credits

163. Interim order

Evidence

164. Evidence

165. Evidence

DIVISION 6

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 7

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 8

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 disposal

189. Movement within Canada

190. Permits based on equivalent environmental safety level

191. Regulations

192. Forms

PART 8

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 reporting system

205. Liability of owner of substance

PART 9

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 10

ENFORCEMENT

Interpretation
216. Definitions

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, aircraft, 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. Regulations

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 expiry of term

251. Secretary and other staff

252. Government services and facilities

253. Immunity

254. Crown not relieved

255. 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 review 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 on appeal to Federal Court

271. Order not suspended

Offences and Punishment
272. Contravention of the Act, the regulations 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 3 of Part 7 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 documents

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 investigative 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 11

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 information 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 disclosure

Economic Instruments
322. Guidelines, programs and other measures

323. Consultation

324. Publication of guidelines and programs

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 Instruments 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 parliamentary committee

PART 12

CONSEQUENTIAL 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

348-349. Manganese-based Fuel Additives Act

350-354. Motor Vehicle Safety Act

Repeal
355. Repeal

Coming into Force
356. Coming into force

SCHEDULES 1 TO 6