Bill C-32
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Release of Toxic Substances |
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Report and
remedial
measures
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95. (1) Where there occurs or is a likelihood
of a release into the environment of a
substance specified on the List of Toxic
Substances in Schedule 1 in contravention of
a regulation made under section 92.1 or 93 or
an order made under section 94, any person
described in subsection (2) shall, as soon as
possible in the circumstances,
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Application
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(2) Subsection (1) applies to any person
who
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Report by
property
owner
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(3) Where there occurs a release of a
substance as described in subsection (1), any
person, other than a person described in
subsection (2), whose property is affected by
the release and who knows that it is a
substance specified on the List of Toxic
Substances in Schedule 1 shall, as soon as
possible in the circumstances and subject to
subsection (4), report the matter to an
enforcement officer or to any person that is
designated by regulation.
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Report to
provincial
official
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(4) Where there are in force, by or under the
laws of a province or an aboriginal
government, provisions that the Governor in
Council, by regulation, declares to be
adequate for dealing with a release described
in subsection (1), a report required by
paragraph (1)(a) or subsection (3) shall be
made to a person designated by those
provisions.
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Intervention
by
enforcement
officer
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(5) Where any person fails to take any
measures required under subsection (1), an
enforcement officer may take those measures,
cause them to be taken or direct any person
referred to in subsection (2) to take them.
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Limitation on
power of
direction
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(6) A direction of an enforcement officer
under subsection (5) that is inconsistent with
a requirement imposed by or under any other
Act of Parliament is void to the extent of the
inconsistency.
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Access to
property
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(7) Any enforcement officer or other person
authorized or required to take any measures
under subsection (1) or (5) may enter and have
access to any place or property and may do any
reasonable things that may be necessary in the
circumstances.
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Personal
liability
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(8) Any person, other than a person
described in subsection (2), who provides
assistance or advice in taking the measures
required by subsection (1) or who takes any
measures authorized under subsection (5) is
not personally liable either civilly or
criminally in respect of 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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96. (1) Where a person has knowledge of
the occurrence or likelihood of a release into
the environment of a substance specified on
the List of Toxic Substances in Schedule 1, but
the person is not required to report the matter
under this Act, the person may report any
information relating to the release or likely
release to an enforcement officer or to any
person to whom a report may be made under
section 95.
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Request for
confidenti- ality
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(2) A person making a report under
subsection (1) may request that the person's
identity and any information that could
reasonably reveal the identity not be released.
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Requirement
for confidenti- ality
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(3) Where a person makes a request under
subsection (2), no person shall release or cause
to be released 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 release in writing.
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Employee
protection
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(4) Despite any other Act of Parliament, no
employer shall dismiss, suspend, demote ,
discipline, harass or otherwise disadvantage
an employee, or deny an employee a benefit of
employment, by reason that
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Regulations
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97. The Governor in Council may make
regulations
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Recovery of
reasonable
costs and
expenses by
Her Majesty
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98. (1) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection 95(5) from
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Reasonably
incurred
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(2) The costs and expenses referred to in
subsection (1) shall only be recovered to the
extent that they can be established to have
been reasonably incurred in the
circumstances.
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Joint and
several
liability
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(3) Subject to subsection (4), the persons
referred to in subsection (1) are jointly and
severally liable or solidarily liable for the
costs and expenses referred to in that
subsection.
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Limitation
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(4) A person referred to in paragraph
95(2)(b) shall not be held liable under
subsection (3) to an extent greater than the
extent of the person's negligence in causing or
contributing to the release.
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Procedure
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(5) A claim under this section may be sued
for and recovered by Her Majesty in right of
Canada with costs in proceedings brought or
taken therefor in the name of Her Majesty in
right of Canada in any court of competent
jurisdiction.
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Recourse or
indemnity
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(6) 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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Limitation
period
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(7) Where events giving rise to a claim
under this section occur, no proceedings in
respect of the claim may be instituted after
five years from the date on which the events
occur or become evident to the Minister,
whichever is later.
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Minister's
certificate
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(8) A document purporting to have been
issued by the Minister certifying the day on
which the events giving rise to a claim under
this section 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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Remedial
measures
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99. Where, in respect of a substance or a
product containing a substance, there is a
contravention of this Part or any regulation
made under this Part, the Minister may, in
writing,
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Export of Substances |
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Export
Control List
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100. The Minister or the Ministers may, by
order,
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Notice to
Minister
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101. (1) Subject to subsection (4), no person
shall export a substance specified in the
Export Control List in Schedule 3 unless the
person provides prior notice of the proposed
export to the Minister in accordance with the
regulations made under subsection 102(1).
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Restrictions
on export
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(2) Subject to subsection (4), no person
shall export a substance specified in Part 1 of
the Export Control List in Schedule 3 unless
the export of the substance
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Restrictions
on export
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(3) Subject to subsection (4), no person
shall export a substance specified in Part 2 or
3 of the Export Control List in Schedule 3
unless the export of the substance is done in
accordance with any regulations made under
subsection 102(1).
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Total
prohibition on
export
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(4) No person shall export a substance
specified in the Export Control List in
Schedule 3 if the export of the substance is
prohibited by a regulation made under
subsection 102(2).
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Regulations
respecting
exports
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102. (1) The Governor in Council may, on
the recommendation of the Ministers, make
regulations in relation to substances specified
in the Export Control List in Schedule 3
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Regulations
prohibiting
exports
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(2) The Governor in Council may, on the
recommendation of the Ministers, make
regulations prohibiting the export of a
substance specified in the Export Control List
in Schedule 3.
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Publication of
exports
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103. If a person exports a substance
specified in the Export Control List in
Schedule 3, the Minister shall publish in the
Environmental Registry the name or
specifications of the substance, the name of
the exporter and the name of the country of
destination.
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PART 6 |
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ANIMATE PRODUCTS OF BIOTECHNOLOGY |
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Definitions
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104. The definitions in this section apply in
this Part.
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``living
organism'' « organisme vivant »
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``living organism'' means a substance that is
an animate product of biotechnology.
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``significant
new activity'' « nouvelle activité »
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``significant new activity'' includes, in respect
of a living organism, any activity that
results or may result in
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Adding living
organisms to
Domestic
Substances
List
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105. (1) The Minister shall, for the purposes
of sections 74 and 106, add to the Domestic
Substances List maintained under section 66
any living organism if the Minister is satisfied
that, between January 1, 1984 and December
31, 1986, the living organism
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Amendment
of List
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(2) Where the Minister includes a living
organism on the Domestic Substances List and
subsequently learns that, between January 1,
1984 and December 31, 1986, the
requirements set out in paragraphs (1)(a) and
(b) were not met, the Minister shall delete the
substance from the List.
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Publication of
List
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(3) The Minister shall publish in the
Canada Gazette the Domestic Substances List
and any amendment to the List.
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Designation
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(4) The Minister may, by order, designate
any person or class of persons to exercise the
powers and perform the duties and functions
set out in this section.
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Manufacture
or import of
living
organisms
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106. (1) Where a living organism is not
specified on the Domestic Substances List and
subsection (2) does not apply, no person shall
manufacture or import the living organism
unless
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Transitional
provision
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(2) Where a person has, between January 1,
1987 and June 30, 1994, manufactured or
imported a living organism that is not
specified on the Domestic Substances List, no
person shall manufacture or import the living
organism after June 30, 1994 unless, within
180 days after that date or on or before the
prescribed date, the prescribed information
has been provided to the Minister with respect
to the living organism by that person.
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Notification
of significant
new activity
in respect of
living
organism on
List
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(3) Where a living organism is specified on
the Domestic Substances List with an
indication that this subsection applies with
respect to the living organism, no person shall
use, manufacture or import the living
organism for a significant new activity that is
indicated on the List with respect to the living
organism unless
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