Bill C-32
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Other
defences not
excluded
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(2) This section does not limit the
availability of any other defences.
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Undertakings
to pay
damages
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31. In deciding whether to dispense with an
undertaking to pay damages caused by an
interlocutory order 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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Stay or
dismissal
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32. (1) A court may stay or dismiss an
environmental protection action if it is in the
public interest to do so.
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Factors to be
considered
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(2) In deciding whether to stay or dismiss
the action, the court may consider
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Remedies
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33. If a court finds that the plaintiff is
entitled to judgment in an environmental
protection action, it may grant any relief
mentioned in subsection 22(3).
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Orders to
negotiate
plans
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34. (1) A court order to negotiate a plan to
correct or mitigate the harm to the
environment or human, animal or plant life or
health may, to the extent that it is reasonable,
practicable and ecologically sound, require
the plan to provide for
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Before making the order, the court must take
into account any efforts that the defendant has
already made to deal with the harm.
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Other orders
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(2) The court may also make interlocutory
or ancillary orders to ensure that the
negotiation of the plan runs smoothly,
including orders
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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
discontinuanc
e
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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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Definitions
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43. The definitions in this section apply in
this Part.
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``fish'' « poissons »
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``fish'' has the meaning assigned by section 2
of the Fisheries Act.
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``hormone
disrupting
substance'' « substance hormonopertu rbante »
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``hormone disrupting substance'' means a
substance having the ability to disrupt the
synthesis, secretion, transport, binding,
action or elimination of natural hormones in
an organism, or its progeny, that are
responsible for the maintenance of
homeostasis, reproduction, development or
behaviour of the organism.
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Environmental Data and Research |
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Monitoring,
research and
publication
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44. (1) The Minister shall
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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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Hormone
disrupting
substances
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(4) The Ministers shall conduct research or
studies relating to hormone disrupting
substances, methods related to their detection,
methods to determine their actual or likely
short-term or long-term effect on the
environment and human health, and
preventive, control and abatement measures
to deal with those substances to protect the
environment and human health.
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Role of
Minister of
Health
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45. The Minister of Health shall
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