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
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| 4. Aboriginal rights
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HER MAJESTY |
| 5. Binding on Her Majesty
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PART 1 |
ADMINISTRATION |
Advisory Committees |
| 6. National Advisory Committee
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| 7. Ministerial advisory committees
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| 8. Report of various committees
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Agreements Respecting Administration |
| 9. Negotiation of agreement
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Agreements Respecting Equivalent Provisions |
| 10. Non-application of regulations
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PART 2 |
PUBLIC PARTICIPATION |
Interpretation |
| 11. Definition of ``environmental protection action''
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Environmental Registry |
| 12. Establishment of Environmental Registry
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| 13. Contents of Environmental Registry
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| 14. Protection from civil proceeding or prosecution
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Rights under Other Parts |
| 15. Additional rights
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Voluntary Reports |
| 16. Voluntary reports
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Investigation of Offences |
| 17. Application for investigation by Minister
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| 18. Investigation by Minister
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| 19. Progress reports
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| 20. Minister may send evidence to Attorney General of Canada
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| 21. Discontinuation of investigation
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Environmental Protection Action |
| 22. Circumstances when an individual may bring an action
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| 23. Limitation period of two years
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| 24. No action for remedial conduct
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| 25. Exception
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| 26. Notice of the action
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| 27. Attorney General to be served
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| 28. Other participants
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| 29. Burden of proof
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| 30. Defences
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| 31. Undertakings to pay damages
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| 32. Stay or dismissal
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| 33. Remedies
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| 34. Orders to negotiate plans
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| 35. Restriction on orders to negotiate plans
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| 36. Settlement or discontinuance
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| 37. Settlements and orders
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| 38. Costs
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Action to Prevent or Compensate Loss |
| 39. Injunction
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| 40. Civil cause of action
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Other Matters |
| 41. Evidence of offence
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| 42. Civil remedies not affected
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PART 3 |
INFORMATION GATHERING, OBJECTIVES, GUIDELINES AND CODES OF PRACTICE |
Interpretation |
| 43. Definitions
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Environmental Data and Research |
| 44. Monitoring, research and publication
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| 45. Role of Minister of Health
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Information Gathering |
| 46. Notice requiring information
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| 47. Guidelines
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| 48. National inventory
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| 49. Publication in whole or in part
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| 50. Publication of inventory
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| 51. Request for confidentiality
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| 52. Reasons
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| 53. Additional justification
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Objectives, Guidelines and Codes of Practice |
| 54. Formulation by the Minister
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| 55. Formulation by the Minister of Health
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PART 4 |
POLLUTION PREVENTION |
Pollution Prevention Plans |
| 56. Requirement for pollution prevention plans
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| 57. Plan prepared or implemented for another purpose
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| 58. Declaration of preparation
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| 59. Requirement to keep plan
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| 60. Requirement to submit certain plans
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Model Plans and Guidelines |
| 61. Model plans
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| 62. Guidelines
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Other Initiatives |
| 63. Information clearing-house
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PART 5 |
CONTROLLING TOXIC SUBSTANCES |
Interpretation |
| 64. Toxic substances
|
| 65. Definition of ``virtual elimination''
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| 65.1 Definition of ``level of quantification''
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General |
| 66. Domestic Substances List
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| 67. Regulation of criteria
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| 68. Research, investigation and evaluation
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| 69. Formulation of guidelines by the Ministers
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Information Gathering |
| 70. Notice to the Minister
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| 71. Notice requiring information, samples or testing
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| 72. Exercise of power under paragraph 71(1)(c)
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Priority Substances and Other Substances |
| 73. Categorization of substances on Domestic Substances List
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| 74. Screening level risk assessment
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| 75. Definition of ``jurisdiction''
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| 76. Priority Substances List
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| 76.1 Weight of evidence and precautionary principle
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| 77. Publication after assessment
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| 78. Notice of objection
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| 79. Plans required for virtual elimination
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Substances and Activities New to Canada |
| 80. Definitions
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| 81. Manufacture or import of substances
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| 82. Prohibition of activity
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| 83. Assessment of information
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| 84. Action to be taken after assessment
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| 85. Significant new activity
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| 86. Notification of persons required to comply
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| 87. Amendment of Lists
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| 88. Publication of masked name
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| 89. Regulations
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Regulation of Toxic Substances |
| 90. Addition to List of Toxic Substances
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| 91. Publication of proposed regulation or instrument
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| 92. Publication of preventive or control actions
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| 92.1 Regulations
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| 93. Regulations
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| 94. Interim orders
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Release of Toxic Substances |
| 95. Report and remedial measures
|
| 96. Voluntary report
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| 97. Regulations
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| 98. Recovery of reasonable costs and expenses by Her Majesty
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| 99. Remedial measures
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Export of Substances |
| 100. Export Control List
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| 101. Notice to Minister
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| 102. Regulations respecting exports
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| 103. Publication of exports
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PART 6 |
ANIMATE PRODUCTS OF BIOTECHNOLOGY |
| 104. Definitions
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| 105. Adding living organisms to Domestic Substances List
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| 106. Manufacture or import of living organisms
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| 107. Prohibition of activity
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| 108. Assessment of information
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| 109. Action to be taken after assessment
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| 110. Significant new activity
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| 111. Notification of persons required to comply
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| 112. Amendment of List
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| 113. Publication of masked name
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| 114. Regulations
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| 115. Other regulations
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PART 7 |
CONTROLLING POLLUTION AND MANAGING WASTES |
DIVISION 1 |
NUTRIENTS |
| 116. Definitions
|
| 117. Prohibition
|
| 118. Regulations
|
| 119. Remedial measures
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DIVISION 2 |
PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED SOURCES OF POLLUTION |
| 120. Definitions
|
| 121. Objectives, guidelines and codes of practice
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DIVISION 3 |
DISPOSAL AT SEA |
| Interpretation
|
| 122. Definitions
|
| Prohibitions
|
| 123. Imports for disposal in waters under Canadian jurisdiction
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| 124. Loading in Canada for disposal at sea
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| 125. Disposal in waters under Canadian jurisdiction
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| 126. Incineration
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| Permits
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| 127. Minister may issue permit
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| 128. Exception
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| 129. Conditions of permit
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| Exception for Safety Reasons
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| 130. Exception
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| 131. Fisheries Act not applicable
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| Site Monitoring
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| 132. Monitoring of sites
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| Publication
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| 133. Publication in the Canada Gazette
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| Notice of Objection
|
| 134. Notice of objection
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| Regulations
|
| 135. Regulations
|
| Costs and Expenses of the Crown
|
| 136. Costs and expenses recoverable
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| Service of Documents
|
| 137. Manner of service
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DIVISION 4 |
FUELS |
| Interpretation
|
| 138. Definitions
|
| General Requirements for Fuels
|
| 139. Prohibition
|
| 140. Regulations
|
| National Fuels Marks
|
| 141. Nature of mark
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| 142. Prohibition
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| 143. Requirements for use
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| 144. Cross-boundary shipments
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| 145. Regulations
|
| 146. Variations in fuels
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| Temporary Waivers
|
| 147. Temporary waiver
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| Remedial Measures
|
| 148. Remedial measures
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DIVISION 5 |
VEHICLE, ENGINE AND EQUIPMENT EMISSIONS |
| Interpretation
|
| 149. Definitions
|
| National Emissions Marks
|
| 150. Nature of marks
|
| 151. Use of marks
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| 152. Transportation within Canada
|
| Vehicle, Engine and Equipment Standards
|
| 153. Compliance by companies
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| 154. Compliance on importation
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| 155. Exceptions for certain importations
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| Vehicle or Engine Exemptions
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| 156. Exemption from standards
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| Notice of Defects
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| 157. Obligation to give notice
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| Research and Testing
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| 158. Powers of Minister
|
| 159. Emission control tests
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| Regulations
|
| 160. Regulations
|
| 161. Definition of ``technical standards document''
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| 162. Emission credits
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| 163. Interim order
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| Evidence
|
| 164. Evidence
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| 165. Evidence
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DIVISION 6 |
INTERNATIONAL AIR POLLUTION |
| 166. Determination of international air pollution
|
| 167. Regulations
|
| 168. Notice to other country
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| 169. Report and remedial measures
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| 170. Recovery of reasonable costs and expenses by Her Majesty
|
| 171. Prohibition
|
| 172. Plans and specifications
|
| 173. Interim order
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| 174. Report to Parliament
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DIVISION 7 |
INTERNATIONAL WATER POLLUTION |
| 175. Definition of ``water pollution''
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| 176. Determination of international water pollution
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| 177. Regulations
|
| 178. Notice to other country
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| 179. Report and remedial measures
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| 180. Recovery of reasonable costs and expenses by Her Majesty
|
| 181. Prohibition
|
| 182. Plans and specifications
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| 183. Interim order
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| 184. Report to Parliament
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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
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| 187. Publication
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| 188. Reduction of export for final disposal
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| 189. Movement within Canada
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| 190. Permits based on equivalent environmental safety level
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| 191. Regulations
|
| 192. Forms
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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
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| 199. Requirements for environmental emergency plans
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| 200. Regulations
|
| 201. Remedial measures
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| 202. Voluntary report
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| 203. Recovery of costs and expenses
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| 204. National notification and reporting system
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| 205. Liability of owner of substance
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PART 9 |
GOVERNMENT OPERATIONS AND FEDERAL AND ABORIGINAL LAND |
Interpretation |
| 206. Definition of ``regulations''
|
Application |
| 207. Application to Government, etc.
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Objectives, Guidelines and Codes of Practice |
| 208. Minister shall establish
|
Regulations |
| 209. Regulations for the protection of the environment
|
| 210. Non-application of regulations
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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
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| 215. Court and costs
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PART 10 |
ENFORCEMENT |
Interpretation |
| 216. Definitions
|
Designation of Enforcement Officers 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
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| 222. Redelivery on deposit of security
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Detention |
| 223. Seizure
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| 224. Application to extend period of detention
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Detention of Ships |
| 225. Detention of ships
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Assistance to Enforcement Officers and Analysts |
| 226. Right of passage
|
| 227. Assistance
|
| 228. Obstruction
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Forfeiture |
| 229. Forfeiture on consent
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| 230. Forfeiture by order of court
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| 231. Court may order forfeiture
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| 232. Disposal of forfeited ship, aircraft, etc.
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| 233. Application by person claiming interest
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Environmental Protection Compliance Orders |
| 234. Definition of ``order''
|
| 235. Order
|
| 236. Exigent circumstances
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| 237. Notice of intent
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| 238. Compliance with the order
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| 239. Intervention by enforcement officer
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| 240. Recovery of reasonable costs and expenses by Her Majesty
|
| 241. Variation or cancellation of order
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| 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
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| 262. Procedure
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| 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
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| 301. Filing in Environmental Registry
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| 302. Stay and recommencement of proceedings
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| 303. Application to vary agreement
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| 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
|
PART 12 |
CONSEQUENTIAL AMENDMENTS, REPEAL, TRANSITONAL PROVISION 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
|
Transitional |
| 355.1 Regulations
|
Coming into Force |
| 356. Coming into force
|
| SCHEDULES 1 TO 6
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