Bill C-32
If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.
|
Information about Works and Activities |
|
Minister may
require
information
|
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.
|
|
Kind of
information
|
(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
|
|
|
|
|
|
|
|
|
Release of Substances |
|
Report and
remedial
measures
|
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,
|
|
|
|
|
|
|
|
|
|
|
Application of
subsection (1)
|
(2) Subsection (1) applies to any person
who
|
|
|
|
|
|
|
|
Report by
other persons
|
(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.
|
|
Intervention
by
enforcement
officer
|
(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.
|
|
Limitation on
direction
|
(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.
|
|
Access to
property
|
(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.
|
|
Personal
liability
|
(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.
|
|
Voluntary
report
|
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.
|
|
Request for
confidenti- ality
|
(2) The person making the report may
request that their identity and any information
that could reasonably reveal their identity not
be released.
|
|
Requirement
of confidenti- ality
|
(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.
|
|
Employee
protection
|
(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
|
|
|
|
|
|
|
|
|
|
|
Recovery of
costs and
expenses
|
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
|
|
|
|
|
|
|
|
Reasonably
incurred
|
(2) The costs and expenses may only be
recovered to the extent that they have been
reasonably incurred in the circumstances.
|
|
Liability
|
(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.
|
|
Recourse or
indemnity
|
(4) This section does not limit or restrict any
right of recourse or indemnity that a person
may have against any other person.
|
|
Court and
costs
|
215. (1) A claim under section 214 may be
recovered with costs in any court of competent
jurisdiction.
|
|
Limitation
period
|
(2) Where events giving rise to the claim
occur, no proceedings in respect of the claim
may be instituted more than five years after
the date on which the events occur or the
Minister becomes aware of them, whichever
is later.
|
|
Minister's
certificate
|
(3) A document purporting to have been
issued by the Minister certifying the day on
which the events giving rise to a claim under
section 214 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.
|
|
|
PART 10 |
|
|
ENFORCEMENT |
|
|
Interpretation |
|
Definitions
|
216. The definitions in this section apply in
this Part.
|
|
``conveyance'
' « moyen de transport »
|
``conveyance'' includes any vehicle, ship or
aircraft.
|
|
``place'' « lieu »
|
``place'' includes any platform anchored at
sea, shipping container or conveyance.
|
|
``substance'' « substance »
|
``substance'' includes hazardous wastes,
hazardous recyclable material or
non-hazardous waste, as those expressions
are defined by regulations made under
section 191, and waste or other matter listed
in Schedule 5.
|
|
|
Designation of Enforcement Officers and Analysts |
|
Designation
|
217. (1) The Minister may designate as
enforcement officers or analysts for the
purposes of this Act, or any provision of this
Act,
|
|
|
|
|
|
|
|
Production of
certificate of
designation
|
(2) Every enforcement officer or analyst
shall be furnished with a certificate of
designation as an enforcement officer or
analyst, as the case may be, and on entering
any place under section 218 or 220, as the case
may be, shall, if so requested, produce the
certificate to the person in charge of the place.
|
|
Powers of
enforcement
officers
|
(3) For the purposes of this Act and the
regulations, enforcement officers have all the
powers of a peace officer, but the Minister
may specify limits on those powers when
designating any person or class of persons.
|
|
|
Inspection |
|
Inspection
|
218. (1) Subject to subsection (2), for the
purposes of this Act and the regulations, an
enforcement officer may, at any reasonable
time, enter and inspect any place if the
enforcement officer has reasonable grounds to
believe that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Private
dwelling-plac
e
|
(2) An enforcement officer may not enter a
private dwelling-place or any part of a place
that is designed to be used and is being used as
a permanent or temporary private
dwelling-place except
|
|
|
|
|
|
|
|
Warrant for
inspection of
dwelling-plac
e
|
(3) Where on ex parte application a justice
is satisfied by information on oath that
|
|
|
|
|
|
|
|
|
|
|
|
the justice may issue a warrant authorizing the
enforcement officer named in it to conduct an
inspection of the dwelling-place subject to
any conditions that may be specified in the
warrant, and authorizing any other person
named therein to accompany the enforcement
officer and exercise any power specified in the
warrant.
|
|
Warrants for
inspection of
non-dwellings
|
(4) Where on ex parte application a justice
is satisfied by information on oath that
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
the justice may issue a warrant authorizing the
enforcement officer named in it to conduct an
inspection of the place, subject to any
conditions that may be specified in the
warrant, and authorizing any other person
named therein to accompany the enforcement
officer and exercise any power specified in the
warrant.
|
|
Waiving
notice
|
(5) The justice may waive the requirement
to give notice referred to in subsection (4)
where the justice is satisfied that attempts to
give the notice would be unsuccessful because
the owner, operator or person in charge is
absent from the jurisdiction of the justice or
that it is not in the public interest to give the
notice.
|
|
Use of force
|
(6) In executing a warrant issued under
subsection (3) or (4), an enforcement officer
shall not use force unless the use of force has
been specifically authorized in the warrant.
|
|
Stopping and
detaining
conveyances
|
(7) For the purposes of this Act and the
regulations, an enforcement officer may, at
any reasonable time, direct that any
conveyance be stopped or be moved to a place
where an inspection can be carried out and
may, for a reasonable time, detain any
conveyance, platform or other structure.
|
|
Powers in
relation to
ships, etc.
|
(8) Subject to subsection (2), for the
purposes of this Act and the regulations, an
enforcement officer may, at any reasonable
time,
|
|
|
|
|
|
|
|
Enforcement
officer to
receive
accommoda- tion
|
(9) An enforcement officer who travels on
a ship, aircraft, platform or other structure
under paragraph (8)(b) shall be carried free of
charge to and from the disposal site and the
person in command of the ship or aircraft or in
charge of the platform or structure shall
provide the enforcement officer with suitable
accommodation and food.
|
|
Powers of
enforcement
officer
|
(10) In carrying out an inspection of a place
under this section, an enforcement officer
may, for the purposes of this Act,
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Disposition of
samples
|
(11) An enforcement officer who takes a
sample under paragraph (10)(d) may dispose
of it in any manner that the enforcement
officer considers appropriate.
|
|