Bill C-32
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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
179(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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Prohibition
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181. No person shall carry on a work,
undertaking or activity that results in the
release of a substance in contravention of a
regulation made under section 177.
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Plans and
specifications
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182. (1) If a person carries on or proposes to
carry on a work, undertaking or activity that
results or may result in the release of a
substance that creates, or may reasonably be
anticipated to create, water pollution, the
person shall, at the request of the Minister for
the purposes of this Division and within the
time that the Minister may specify, provide the
Minister with plans, specifications, studies,
procedures, schedules, analyses, samples or
other information relating to the work,
undertaking or activity and with analyses,
samples, evaluations, studies, mitigation
methodologies or other information relating
to the substance.
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Obtaining
information
from
government
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(2) Before making a request to a person
under subsection (1), the Minister shall try to
obtain, within a reasonable time, the samples
or information from the government
responsible for the area in which the person is
situated.
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Interim order
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183. (1) The Minister may make an interim
order that contains any provision that may be
contained in a regulation under section 177 if
the Minister believes
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Effective date
of order
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(2) An interim order has effect from the
time it is made.
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Approval of
Governor in
Council
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(3) An interim order ceases to have effect 14
days after it is made unless it is approved by
the Governor in Council within that period.
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Consultation
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(4) The Governor in Council shall not
approve an interim order unless the Minister
has
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Ministerial
action
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(5) Where the Governor in Council
approves an interim order, the Minister shall,
within 90 days after the approval, take
measures to comply with section 176 in order
to address the significant danger that gave rise
to the interim order.
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Contraven- tion of unpublished order
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(6) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
time of the alleged contravention, the person
had been notified of the interim order.
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Cessation of
effect
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(7) Subject to subsection (3), an interim
order ceases to have effect on the earliest of
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Revocation of
interim order
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(8) No action is required to be taken under
subsection (5) if the interim order is repealed.
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Report to
Parliament
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184. The Minister shall include in the
annual report required by section 342 a report
on the administration of this Division.
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DIVISION 8 |
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CONTROL OF MOVEMENT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL AND OF PRESCRIBED NON-HAZARDOUS WASTE FOR FINAL DISPOSAL |
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Import, export
and transit
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185. (1) No person shall import, export or
convey in transit a hazardous waste or
hazardous recyclable material, or prescribed
non-hazardous waste for final disposal, except
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Refusal to
issue permit
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(2) If the Minister is of the opinion that the
waste or material will not be managed in a
manner that will protect the environment and
human health against the adverse effects that
may result from that waste or material, the
Minister may refuse, in accordance with the
criteria set out in the regulations, to issue a
permit even if the relevant authorities have
given their authorization.
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Consultation
with
governments
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(3) Before refusing under subsection (2) to
issue a permit to import, the Minister shall
consult with the government of the
jurisdiction of destination.
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Special
circumstances
to issue
permits
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(4) Where the Minister is of the opinion that
the waste or material will be managed in a
manner that will protect the environment and
human health against the adverse effects that
may result from that waste or material, the
Minister may issue a permit if the relevant
authorities inform the Minister that they lack
the legal authority to authorize the movement,
final disposal or recycling but are not opposed
to it.
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Prohibi- tions - import, export and transit
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186. (1) For the purpose of implementing
international agreements respecting the
environment, the Minister may, with the
approval of the Governor in Council and
taking into account Canada's international
obligations, prohibit, completely or partially
and under any conditions that may be
prescribed, the import, export or transit of
waste or material referred to in subsection
185(1).
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Prohibition of
abandonment
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(2) No person shall abandon any waste or
material referred to in subsection 185(1) in the
course of import, export or transit.
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Publication
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187. After the Minister receives a
notification of the proposed import, export or
transit of a waste or material referred to in
paragraph 185(1)(a), the Minister shall
publish in the Canada Gazette, or in any other
manner that the Minister considers
appropriate, the name or specifications of the
waste or material and
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Reduction of
export for
final disposal
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188. (1) For the purpose of reducing or
phasing out the export of hazardous waste or
prescribed non-hazardous waste for final
disposal, the Minister may require an
exporter, or a class of exporters, of hazardous
waste to
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Declaration of
implementa- tion
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(2) Every person who is required to
implement a plan under paragraph (1)(b) shall
file with the Minister, within 30 days after the
completion of each stage of the plan, a written
declaration that the implementation has been
completed.
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Sanction
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(3) The Minister may refuse to issue a
permit to an exporter who does not comply
with subsection (1) or (2).
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Movement
within Canada
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189. (1) No person shall undertake
movement within Canada of hazardous waste
or hazardous recyclable material otherwise
than in accordance with this Division and the
regulations and unless the person pays the
prescribed fee.
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Publication
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(2) The Minister shall publish in the
Canada Gazette, or in any other manner that
the Minister considers appropriate,
information derived from documents received
under regulations made for the purpose of this
section.
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Permits based
on equivalent
environ- mental safety level
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190. (1) The Minister may issue a permit
authorizing, subject to conditions fixed by the
Minister, any activity to be conducted in a
manner that does not comply with this
Division if the Minister is satisfied that
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Scope of
permit
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(2) The permit may authorize the activity in
terms of the persons who may conduct the
activity and in terms of the waste and material
that it may involve.
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Revocation of
permit
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(3) The Minister may revoke the permit if
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Publication
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(4) The Minister shall publish in the
Canada Gazette, or in any other manner that
the Minister considers appropriate, a copy of
each permit issued under this section.
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Regulations
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191. The Governor in Council may, on the
recommendation of the Minister, make
regulations generally for carrying out the
purposes and provisions of this Division,
including regulations
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Forms
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192. The Minister may establish forms for
the purposes of this Division.
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