Bill C-32
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Definition of
``public
authority in
Canada''
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(2) In subsection (1), ``public authority in
Canada'' means Her Majesty in right of a
province, an aboriginal government or any
other body designated by the Governor in
Council for the purposes of that subsection as
a public authority in Canada.
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Strict liability
subject to
certain
defences
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(3) The person's liability under subsection
(1) does not depend on proof of fault or
negligence, but the owner is not liable under
that subsection if the owner establishes that
the environmental emergency
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Reduced
liability
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(4) Where the person who is liable under
subsection (1) establishes that the
environmental emergency resulted wholly or
partially from
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the liability of the person referred to in
subsection (1) to that other person is reduced
or nullified in proportion to the degree to
which the environmental emergency resulted
from the factors mentioned in paragraphs (a)
and (b).
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Person's
rights against
third parties
preserved
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(5) Nothing in this Part shall be construed as
limiting or restricting any right of recourse
that the person who is liable under subsection
(1) may have against any other person.
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Person's own
claim for costs
and expenses
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(6) Costs and expenses incurred by the
person referred to in subsection (1) in respect
of measures voluntarily taken to prevent,
repair, remedy or minimize damage from the
environmental emergency, including
measures taken in anticipation of an
environmental emergency, to the extent that
the measures taken and the costs and expenses
are reasonable, rank equally with other claims
against any security given by that person in
respect of that person's liability under this
section.
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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
``regula- tions''
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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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Minister may
act
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(3) At any time after the 60th day following
the day on which the Minister offers to consult
in accordance with paragraph (2)(a), the
Minister may act under subsection (1) if the
offer to consult is not accepted by the
government of a territory or members of the
Committee who are representatives of
aboriginal governments.
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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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Minister may
act
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(4) At any time after the 60th day following
the day on which the Minister offers to consult
in accordance with paragraph (3)(a), the
Minister may recommend a regulation to the
Governor in Council under this section if the
offer to consult is not accepted by the
government of a territory or members of the
Committee who are representatives of
aboriginal governments.
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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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