Bill C-32
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PART 9 |
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GOVERNMENT OPERATIONS AND FEDERAL AND ABORIGINAL LAND |
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Interpretation |
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Definition of
``regulations''
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206. In this Part, ``regulations'' means
regulations made under this Part.
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Application |
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Application to
Government,
etc.
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207. (1) This Part applies to
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Limitation
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(2 ) This Part does not restrict any of the
following powers in so far as they may be
exercised in relation to air and all layers of the
atmosphere above federal land or aboriginal
land:
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Objectives, Guidelines and Codes of Practice |
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Minister shall
establish
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208. (1) The Minister shall establish
objectives, guidelines and codes of practice
for the purpose of carrying out the Minister's
duties and functions under this Part related to
the quality of the environment.
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Consultation
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(2) In establishing an objective, a guideline
or a code of practice under subsection (1), the
Minister
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Regulations |
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Regulations
for the
protection of
the
environment
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209. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations for the protection of the
environment, including, but not limited to,
regulations respecting
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Content of the
regulations
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(2) Regulations with respect to any
substance may provide for, or impose
requirements respecting,
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Consultation
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(3) Before recommending to the Governor
in Council a regulation under this section, the
Minister
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Non- application of regulations
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210. Where the Governor in Council is of
the opinion that provisions of any other Part of
this Act or any other Act of Parliament, or
regulations made under them,
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the Governor in Council may make an order
stating that opinion and, if such an order is
made, regulations made under this Part
relating to the same aspect do not apply to the
federal work or undertaking, the federal land
or the aboriginal land.
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Information about Works and Activities |
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Minister may
require
information
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211. (1) For the purpose of making
regulations, the Minister may require
information from any person who carries on,
or proposes to carry on, a federal work or
undertaking or an activity on federal land or
aboriginal land.
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Kind of
information
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(2) The required information shall be
information that will enable the Minister to
determine any environmental effects that the
work, undertaking or activity may have, and it
may include
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Release of Substances |
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Report and
remedial
measures
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212. (1) If a substance is released into the
environment in contravention of a regulation,
or if there is a likelihood of such a release, a
person described in subsection (2) shall, as
soon as possible in the circumstances,
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Application of
subsection (1)
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(2) Subsection (1) applies to any person
who
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Report by
other persons
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(3) A person, other than a person described
in subsection (2), shall, as soon as possible in
the circumstances, report a release of a
substance to an enforcement officer or to a
person designated by the regulations if their
property is affected by the release and they
know that the substance has been released in
contravention of a regulation.
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Intervention
by
enforcement
officer
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(4) Where measures required by subsection
(1) are not taken, an enforcement officer may
take them, have them taken or direct a person
described in subsection (2) to take them.
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Limitation on
direction
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(5) If the direction to the person described
in subsection (2) is inconsistent with a
requirement imposed by or under any other
Act of Parliament, it is void to the extent of the
inconsistency.
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Access to
property
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(6) An enforcement officer or other person
authorized or required to take measures under
subsection (1) or (4) may, for the purpose of
taking those measures, enter and have access
to any place or property and may do anything
reasonable that may be necessary in the
circumstances.
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Personal
liability
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(7) A person who provides assistance or
advice in taking the measures required by
subsection (1), or who takes any measures
authorized under subsection (4), is not
personally liable either civilly or criminally
for 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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213. (1) If a person knows about a release or
likely release of a substance into the
environment in contravention of a regulation
but the person is not required to report the
matter under this Act, the person may report
any information about the release or likely
release to an enforcement officer or to a person
designated by the regulations.
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Request for
confidenti- ality
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(2) The person making the report may
request that their identity and any information
that could reasonably reveal their identity not
be released.
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Requirement
of confidenti- ality
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(3) No person shall disclose, or have
disclosed, 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 disclosure 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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Recovery of
costs and
expenses
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214. (1) The costs and expenses related to
taking any measures under subsection 212(4)
may be recovered by Her Majesty in right of
Canada from
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Reasonably
incurred
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(2) The costs and expenses may only be
recovered to the extent that they have been
reasonably incurred in the circumstances.
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Liability
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(3) Persons from whom the costs and
expenses may be recovered are jointly and
severally liable or solidarily liable for them.
However, a person mentioned in paragraph
212(2)(b) is not liable to an extent greater than
the extent of their negligence or wilful
conduct in causing or contributing to the
release.
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Recourse or
indemnity
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(4) 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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Court and
costs
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215. (1) A claim under section 214 may be
recovered with costs in any court of competent
jurisdiction.
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