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Bill C-32

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	Contraventions
Ticketing	310. (1) Despite anything in this Act, the Governor in Council may, by regulation, on the recommendation of the Minister, designate any offence under this Act as an offence with respect to which, despite the Criminal Code, an enforcement officer may lay an information and issue and serve a summons by completing a ticket in the prescribed form, affixing to it the enforcement officer's signature and delivering it to the person who is alleged to have committed the offence specified in it at the time the offence is alleged to have been committed.
Regulations	(2) Any regulations made under this section
	(a) shall establish a procedure for entering a plea and paying a fine in respect of each offence to which the regulations relate;
	(b) shall prescribe the amount of the fine to be paid in respect of each offence; and
	(c) may prescribe any other matter necessary to carry out the purposes of this section.
Failure to respond to ticket	(3) Where a person is served with a ticket and does not enter a plea within the time prescribed by the regulations, a justice shall examine the ticket and
	(a) if the ticket is complete and regular on its face, the justice shall enter a conviction in the person's absence and impose a fine of the prescribed amount; or
	(b) if the ticket is not complete and regular on its face, the justice shall quash the proceedings.
	Other Remedies
Injunction	311. (1) Where, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an offence under this Act, the court may issue an injunction ordering any person named in the application
	(a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Act; or
	(b) to do any act or thing that it appears to the court may prevent the commission of an offence under this Act.
Notice	(2) No injunction shall be issued under subsection (1) unless 48 hours notice is given to the party or parties named in the application or the urgency of the situation is such that service of notice would not be in the public interest.
	Defence
Defence	312. In a prosecution for a contravention of a provision of Division 5 of Part 7 by a company engaged in the business of assembling or altering vehicles, it is a defence for the company to establish that the contravention occurred as a result of work previously done on a vehicle by another company engaged in the manufacture of the vehicle.
	PART 11
	MISCELLANEOUS MATTERS
	Disclosure of Information
Request for confidenti- ality	313. (1) A person who provides information to the Minister under this Act, or to a board of review in respect of a notice of objection filed under this Act, may submit with the information a request that it be treated as confidential.
Contents of request	(2) A request under subsection (1) shall be submitted in writing and contain any supplementary information that may be prescribed.
Prohibition of disclosure	314. The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with section 315, 316 or 317.
Disclosure by Minister for public interest	315. (1) The Minister may disclose information, other than information in respect of which section 318 applies, where
	(a) the disclosure is in the interest of public health, public safety or the protection of the environment; and
	(b) the public interest in the disclosure clearly outweighs in importance
	(i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and
	(ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.
Notice of disclosure	(2) Subject to subsection (3), at least 24 hours before disclosing any information under subsection (1), the Minister shall give notice of the proposed disclosure to the person who provided the information or on whose behalf it was provided.
Exception	(3) Notice under subsection (2)
	(a) is not required where the person to whom it is to be given cannot be found after reasonable efforts have been made to do so; or
	(b) may be given later than the time required by that subsection where an emergency exists.
Certain purposes for which information may be disclosed	316. (1) Information may be disclosed
	(a) with the written consent of the person who provided it or on whose behalf it was provided;
	(b) as may be necessary for the purposes of the administration or enforcement of this Act;
	(c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, where
	(i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and
	(ii) the government, international organization, institution or other minister undertakes to keep the information confidential;
	(d) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, where the government or organization undertakes to keep the information confidential; or
	(e) to a physician or prescribed medical professional who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.
Disclosure by physician, etc.	(2) A physician or prescribed medical professional to whom information is disclosed under paragraph (1)(e) shall not disclose the information except as may be necessary for the purposes referred to in that paragraph.
Disclosure of personal information	(3) Personal information as defined in section 3 of the Privacy Act may not be disclosed under paragraph (1)(b) or (c) unless
	(a) the disclosure is in the interest of public health, public safety or the protection of the environment; and
	(b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.
Disclosure by Minister	317. (1) The Minister may disclose information in respect of which a request for confidentiality has been made under section 313 where the Minister determines that the disclosure would not be prohibited under section 20 of the Access to Information Act.
Application of certain provisions of Access to Information Act	(2) Where the Minister intends to disclose information under subsection (1), sections 27, 28 and 44 of the Access to Information Act apply, with any modifications that the circumstances require, and, for that purpose, that information is deemed to be contained in a record that the Minister intends to disclose and any reference in those sections to the person who requested access shall be disregarded.
Protection from civil proceeding or prosecution	(3) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or against any person acting on behalf of or under the direction of the Minister, and no proceedings lie against the Crown for the disclosure in good faith of any information under this Act, for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or any other provision of the Access to Information Act if reasonable care is taken to give the required notice.
Hazardous Materials Information Review Act	318. Except as provided in sections 316 and 317, information in respect of which a request for confidentiality has been made under section 313 shall not be disclosed where
	(a) a claim for exemption has been filed in respect of the information under section 11 of the Hazardous Materials Information Review Act;
	(b) the information is exempt under section 19 of that Act from the requirement in respect of which the exemption is claimed; and
	(c) the person claiming the exemption has disclosed the contents of the claim to the Minister.
Regulations	319. The Governor in Council may make regulations prescribing
	(a) information that shall accompany a request made under section 313; and
	(b) medical professionals for the purposes of paragraph 316(1)(e).
Non- disclosure by Minister of National Defence	320. Despite any other provision of this Act, the Minister of National Defence may refuse to disclose under this Part any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.
Security requirements for disclosure	321. Any person, except an enforcement officer or analyst, who receives, obtains or has access to information under this Act shall comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of the information.
	Economic Instruments
Guidelines, programs and other measures	322. The Minister may establish guidelines, programs and other measures for the development and use of economic instruments and market-based approaches to further the purposes of this Act, respecting systems relating to
	(a) deposits and refunds; and
	(b) tradeable units.
Consultation	323. In carrying out the responsibilities conferred by section 322, 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 quality of the environment or the preservation and improvement of public health.
Publication of guidelines and programs	324. The Minister shall publish any guidelines, programs and other measures established under section 322, or shall give notice of their availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.
Regulations for systems relating to deposits and refunds	325. The Governor in Council may, in the exercise of a regulation-making power under section 93, 118 or 209, make regulations respecting systems relating to deposits and refunds, including, but not limited to, regulations providing for, or imposing requirements respecting,
	(a) deposits, including the amount of any deposit and the substance, product containing a substance or activity in relation to which a deposit is required, the conditions for the use of a deposit and the conditions for and manner of paying a deposit;
	(b) the period during which a deposit may be held;
	(c) refunds, including the amount of any refund and the substance, product containing a substance or activity in relation to which a refund may be granted and the conditions for and manner of paying a refund;
	(d) the establishment of a fund for deposits, and the operation, management and administration of the fund;
	(e) the designation of a person to administer the fund for deposits and the conditions for the designation;
	(f) reports and forms related to deposits, refunds and the fund for deposits;
	(g) the maintenance of books and records for the administration of any regulation made under this section; and
	(h) the forfeiture of deposits, including unclaimed deposits and the conditions under which and the circumstances in which deposits may be forfeited.
Regulations for tradeable units systems	326. The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to tradeable units, including regulations providing for, or imposing requirements respecting,
	(a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established;
	(b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system;
	(c) the description and nature of a tradeable unit, including allowances, credits or coupons;
	(d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits;
	(e) the conditions related to the creation, distribution, exchange, sale, use, variation or cancellation of a tradeable unit;
	(f) the creation, operation and management of a public registry related to the system;
	(g) the conditions for the use of and participation in the system, including environmental or temporal limits;
	(h) reports and forms related to the system; and
	(i) the maintenance of books and records for the administration of any regulation made under this section.
Ministerial orders	327. Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of tradeable units or invalidate any trade of tradeable units where the Ministers are of the opinion that the trade or use of a tradeable unit
	(a) has or may have an immediate or long-term harmful effect on the environment;
	(b) constitutes or may constitute a danger to the environment on which human life depends; or
	(c) constitutes or may constitute a danger in Canada to human life or health.

Bill C-32

Contraventions

Other Remedies

Defence

PART 11

MISCELLANEOUS MATTERS

Disclosure of Information

Economic Instruments