Bill C-32
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Appointment
of other
person to
prepare plan
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(3) The court may appoint a person who is
not a party to prepare a draft plan if the parties
cannot agree on the plan or the court is not
satisfied with the plan that they negotiate.
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Order to
prepare
another plan
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(4) The court may order the parties to
prepare another plan if it is not satisfied with
the plan that they negotiate.
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Approval and
effective date
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(5) The court may approve a plan that the
parties negotiate or a plan prepared by a
person appointed under subsection (3) and the
approved plan comes into effect on a day
determined by the court.
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Restriction on
orders to
negotiate
plans
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35. A court may not order the negotiation of
a plan to correct or mitigate the harm to the
environment or human, animal or plant life or
health if it determines that
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Settlement or
disconti- nuance
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36. An environmental protection action
may be settled or discontinued only with the
approval of the court and on terms that it
considers appropriate.
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Settlements
and orders
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37. If an environmental protection action
results in an order of a court or a settlement
approved by a court,
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Costs
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38. In deciding whether to award costs in an
environmental protection action, the court
may consider any special circumstances,
including whether the action is a test case or
raises a novel point of law.
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Action to Prevent or Compensate Loss |
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Injunction
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39. Any person who suffers, or is about to
suffer, loss or damage as a result of conduct
that contravenes any provision of this Act or
the regulations may seek an injunction from a
court of competent jurisdiction ordering the
person engaging in the conduct
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Civil cause of
action
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40. Any person who has suffered loss or
damage as a result of conduct that contravenes
any provision of this Act or the regulations
may, in any court of competent jurisdiction,
bring an action to recover from the person who
engaged in the conduct
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Other Matters |
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Evidence of
offence
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41. (1) In an action under this Part, the
record of proceedings in any court in which a
defendant was convicted of an offence under
this Act is evidence that the defendant
committed the offence.
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Certificate
evidence of
conviction
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(2) In the action, evidence that a defendant
was convicted of an offence under this Act
may be given by a certificate stating with
reasonable particularity the conviction and
sentence of the defendant.
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Signature of
certificate
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(3) The certificate shall be signed by
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Once it is proved that the defendant is the
offender mentioned in the certificate, it is
evidence without proof of the signature or the
official character of the person appearing to
have signed it.
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Civil remedies
not affected
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42. (1) No civil remedy for any conduct is
suspended or affected by reason only that the
conduct is an offence under this Act.
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Remedies not
repealed, etc.
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(2) Nothing in this Act shall be interpreted
so as to repeal, remove or reduce any remedy
available to any person under any law in force
in Canada.
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Damages
caused by a
ship
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(3) No claim for damage caused by a ship
may be made under this Act to the extent that
a claim for that damage may be made under
the Canada Shipping Act or the Arctic Waters
Pollution Prevention Act.
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PART 3 |
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INFORMATION GATHERING, OBJECTIVES, GUIDELINES AND CODES OF PRACTICE |
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Interpretation |
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Definition of
``fish''
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43. In this Part and Part 10, ``fish'' has the
meaning assigned by section 2 of the Fisheries
Act.
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Environmental Data and Research |
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Monitoring,
research and
publication
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44. (1) The Minister may
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Cooperation
and
agreements
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(2) The Minister may
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Cooperation
with other
bodies
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(3) The Minister may, in exercising the
powers conferred by paragraphs (1)(b) to (e),
act in cooperation with any government,
foreign government, government department
or agency, institution, aboriginal people or
any person and may sponsor or assist in any of
their research, studies, planning or activities
in relation to environmental quality, pollution
prevention, environmental emergencies or the
control or abatement of pollution.
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Role of
Minister of
Health
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45. The Minister of Health may
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Information Gathering |
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Notice
requiring
information
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46. (1) The Minister may, for the purpose of
conducting research, creating an inventory of
data, formulating objectives and codes of
practice, issuing guidelines or assessing or
reporting on the state of the environment,
publish in the Canada Gazette and in any other
manner that the Minister considers
appropriate a notice requiring any person
described in the notice to provide the Minister
with any information that may be in the
possession of that person or to which the
person may reasonably be expected to have
access, including information regarding the
following:
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Other
recipients
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(2) The Minister may, in accordance with an
agreement signed with a government, require
that a person to whom a notice is directed
submit the information to the Minister or to
that government.
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Conditions
respecting
access to
information
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(3) An agreement referred to in subsection
(2) shall set out conditions respecting access
by the Minister or other government to all or
part of the information that the person is
required to submit and may set out any other
conditions respecting the information.
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Period of
notice and
date for
compliance
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(4) A notice referred to in subsection (1)
must indicate the period during which it is in
force, which may not exceed three years, and
the date or dates within which the person to
whom the notice is directed shall comply with
the notice.
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Compliance
with notice
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(5) Every person to whom a notice is
directed shall comply with the notice.
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Extension of
time
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(6) The Minister may, on request in writing
from any person to whom a notice is directed,
extend the date or dates within which the
person shall comply with the notice.
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Manner
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(7) The notice must indicate the manner in
which the information is to be provided.
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Preservation
of information
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(8) The notice may indicate the period
during which, and the location where, the
person to whom the notice is directed shall
keep copies of the required information,
together with any calculations, measurements
and other data on which the information is
based. The period may not exceed three years
from the date the information is required to be
submitted to the Minister.
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Guidelines
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47. (1) The Minister shall issue guidelines
respecting the cost-effective use of the powers
provided for by subsection 46(1) and, in
issuing those guidelines, the Minister shall
take into account any factor that the Minister
considers relevant, including, but not limited
to,
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Consultation
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(2) In carrying out the duties under
subsection (1), the Minister shall offer to
consult with the government of a province and
the members of the Committee who are
representatives of aboriginal governments
and may consult with a government
department or agency, aboriginal people,
representatives of industry and labour and
municipal authorities or with persons
interested in the quality of the environment.
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National
inventory
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48. The Minister shall establish a national
inventory of releases of pollutants using the
information collected under section 46 and
any other information to which the Minister
has access, and may use any information to
which the Minister has access to establish any
other inventory of information.
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Publication in
whole or in
part
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49. The notice published under subsection
46(1) must indicate whether or not the
Minister intends to publish the information
and, if so, whether in whole or in part.
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Publication of
inventory
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50. Subject to subsection 53(4), the
Minister shall publish the national inventory
of releases of pollutants in any manner that the
Minister considers appropriate and may
publish or give notice of the availability of any
other inventory of information established
under section 48, in any manner that the
Minister considers appropriate.
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Request for
confiden- tiality
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51. A person who provides information to
the Minister under subsection 46(1) may, if the
Minister's intention to publish the information
has been indicated under section 49, submit
with the information a written request, setting
out a reason referred to in section 52, that the
information be treated as confidential.
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Reasons
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52. Despite Part 11, a request under section
51 may only be based on any of the following
reasons:
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Additional
justification
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53. (1) The Minister may, after studying the
reasons provided under section 52, require the
person in question to provide, within 20 days
and in writing, additional justification for the
request for confidentiality.
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