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Bill C-32

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No bar to proceedings	(2) The issuance of or compliance with an order in respect of a person's alleged contravention of this Act or the regulations is not a bar to any proceedings against the person under this or any other Act in relation to the alleged contravention by that person.
Intervention by enforcement officer	239. (1) Where any person fails to take any measures specified in an order, an enforcement officer may take the measures or cause them to be taken.
Access to property	(2) An enforcement officer or other person authorized or required to take measures under subsection (1) may enter and have access to any place or property and may do any reasonable things that may be necessary in the circumstances.
Personal liability	(3) Any person, other than a person described in subsection 235(3), who provides assistance or advice in taking the measures specified in an order or who takes any measures authorized under subsection (1) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under that subsection unless it is established that the person acted in bad faith.
Recovery of reasonable costs and expenses by Her Majesty	240. (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 239(1) from
	(a) any person referred to in paragraph 235(3)(a); and
	(b) any person referred to in paragraph 235(3)(b) to the extent of the person's negligence in causing or contributing to the alleged contravention.
Reasonably incurred	(2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.
Liability	(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.
Limitation	(4) A person referred to in paragraph 235(3)(b) shall not be held liable under subsection (3) to an extent greater than the extent of their negligence in causing or contributing to the alleged contravention.
Procedure	(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.
Recourse or indemnity	(6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.
Limitation period	(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.
Minister's certificate	(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.
Variation or cancellation of order	241. (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may, in accordance with section 236, after giving reasonable notice,
	(a) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order;
	(b) cancel the order;
	(c) correct a clerical error in the order; or
	(d) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to the order.
Notice of intent	(2) Except in exigent circumstances, the enforcement officer shall, wherever practicable, before exercising a power under paragraph (1)(a) or (d),
	(a) provide an oral or a written notice of the intent of the enforcement officer to do so to every person who will be subject to the order; and
	(b) allow a reasonable opportunity in the circumstances for the person to make oral representations.
Contents of notice of intent	(3) A notice of intent to exercise a power under paragraph (1)(a) shall include
	(a) a statement of the purpose of the notice;
	(b) a reference to the statutory authority under which the power will be exercised; and
	(c) a statement that the party notified may make oral representations to the enforcement officer within the period stated in the notice.
Limitations on exercise of enforcement officer's powers	(4) An enforcement officer shall not exercise any of the powers referred to in paragraph (1)(a), (b) or (d) if doing so would result in
	(a) impairment or serious risk of impairment of the quality of the environment for any use that can be made of it;
	(b) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or
	(c) danger to the health or safety of any person.
Regulations	242. The Minister may make regulations
	(a) prescribing the form of reporting to enforcement officers under subparagraph 235(4)(f)(ii) and specifying the information required to be contained in or to accompany the report; and
	(b) of either particular or general application, respecting representations made to enforcement officers under subsection 237(1) or 241(2).
	Review Officers
Roster of review officers	243. The Minister shall establish and maintain a roster of review officers.
Chief Review Officer	244. (1) The Minister shall appoint one of the review officers as the Chief Review Officer to perform the functions of the Chief Review Officer as and when required.
Functions of Chief Review Officer	(2) The Chief Review Officer shall
	(a) perform administrative functions related to the work of review officers, including assigning review officers to conduct review hearings; and
	(b) in certain cases, conduct review hearings.
Absence, etc., of Chief Review Officer	(3) If the Chief Review Officer is absent or unable to act or if the office is vacant, any other review officer that is designated by the Minister shall perform the functions of the Chief Review Officer.
Term of members	245. (1) Review officers shall be appointed to hold office during good behaviour for a term of not more than three years, but may be removed by the Minister at any time for cause.
Re-appoint- ment	(2) A review officer may be re-appointed.
Publication in Canada Gazette	246. The Minister shall publish the roster of review officers in the Canada Gazette.
Knowledge	247. A person is not eligible to be appointed as a review officer unless the person is knowledgeable about the Canadian environment, environmental and human health, administrative law or traditional aboriginal ecological knowledge.
Other employment	248. Review officers shall not accept or hold any office or employment inconsistent with their functions under this Act.
Remunera- tion and fees	249. (1) The Chief Review Officer shall be paid such remuneration as is fixed by the Governor in Council, and each other review officer is entitled to be paid such fees for that other review officer's services as are fixed by the Governor in Council.
Expenses	(2) Review officers are entitled to be paid
	(a) reasonable travel and other expenses incurred by them in the course of their duties under this Act while absent from their ordinary place of work; and
	(b) any other reasonable expenses incurred by them in the course of their duties under this Act.
Acting after expiry of term	250. If a person who is engaged as a review officer in respect of any matter ceases to be a review officer before rendering a decision in respect of the matter, the person may, with the authorization of the Chief Review Officer, continue, during a period of not more than 180 days, to act as a review officer in respect of the matter.
Secretary and other staff	251. The Minister may, at the request of the Chief Review Officer, make available to review officers any staff and other assistance that are necessary for the proper conduct of the business of review officers.
Government services and facilities	252. In performing their functions a review officer shall, where appropriate, make use of the services and facilities of departments, boards and agencies of the Government of Canada.
Immunity	253. No criminal or civil proceedings lie against a review officer for anything done or omitted to be done in good faith in performing any functions of a review officer under this Act.
Crown not relieved	254. Section 253 does not, by reason of section 10 of the Crown Liability and Proceedings Act, relieve the Crown of liability in respect of a tort or extracontractual civil liability to which the Crown would otherwise be subject.
Liability	255. Review officers are servants of Her Majesty in right of Canada for the purposes of the law of tort or of extracontractual civil liability.
	Reviews
Request for review	256. (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after receipt by the person of a copy of the written order or after the oral order is given, make a request to the Chief Review Officer for a review of the order.
Extension of period for request	(2) The Chief Review Officer may extend the period within which a request for a review may be made where, in the Chief Review Officer's opinion, it is in the public interest to do so.
Review	257. On receipt of a notice under subsection 256(1), the Chief Review Officer shall conduct a review of the order, including a hearing, or cause a review and hearing of the order to be conducted by a review officer assigned by the Chief Review Officer.
No automatic stay on appeal	258. (1) Subject to subsection (2), the request for a review by a review officer does not suspend the operation of an order.
Suspension on application	(2) A review officer may, on application made by a person subject to the order before the beginning of the hearing, suspend the operation of the order if the review officer considers it appropriate in the circumstances and, in that case, impose on all the persons subject to the order conditions that are reasonable in the circumstances and consistent with the protection of the environment and public safety.
Suspension of 180 day period	(3) Where the operation of an order is suspended under subsection (2), the period for which the order is issued is suspended until the review is completed.
Right to appear	259. All parties to the review, including the Minister, may appear in person or may be represented by counsel or by an agent.
Powers	260. (1) A review officer may summon any person to appear as a witness before the review officer and may order the witness to
	(a) give evidence orally or in writing; and
	(b) produce any documents and things that the review officer considers necessary or desirable for the purpose of performing any of the review officer's functions.
Fees for witnesses	(2) A witness who is served with a summons under subsection (1) is entitled to receive the fees and allowances to which persons who are summoned to appear as witnesses before the Federal Court are entitled.
Enforcement of summonses and orders	261. Any summons to a witness issued or order made under subsection 260(1) by a review officer may be made a summons to a witness or an order of the Federal Court or of the superior court of a province and is enforceable in the same manner as a summons to a witness or an order of that court.
Procedure	262. To make a summons issued or an order made under subsection 260(1) by a review officer a summons or an order of the Federal Court or of the superior court of a province, the usual practice and procedure of the court in such matters may be followed, or a certified copy of the summons or order may be filed with the registrar of the court and the summons or order thereupon becomes a summons or an order of the court.
Powers of review officer	263. The review officer, after reviewing the order and after giving all persons who are subject to the order, and the Minister, reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for those persons and the Minister to make oral representations, may
	(a) confirm or cancel the order;
	(b) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; or
	(c) extend the duration of the order for a period of not more than 180 days less the number of days that have passed since the day on which the order was received by the person who is subject to the order, not counting the days during which the order was suspended under subsection 258(3).
Variation or cancellation of review officer's decision	264. At any time before a notice of appeal to the Federal Court is filed in relation to an order, the review officer may, on the review officer's own motion, after giving reasonable notice orally or in writing and allowing a reasonable opportunity in the circumstances for the person subject to the order to make oral representations, modify the decision of the review officer in respect of the order and exercise any of the powers of the review officer under section 263 in respect of the order.
Limitations on exercise of review officer's powers	265. A review officer shall not exercise any of the powers referred to in section 263 if doing so would result in
	(a) impairment or serious risk of impairment of the quality of the environment for any use that can be made of it;
	(b) injury or damage or serious risk of injury or damage to any property or to any plant or animal life; or
	(c) danger to the health or safety of any person.
Decision of review officer	266. The review officer shall, within five days after the completion of the review of an order, render a decision and give written reasons for doing so within 10 days after the completion of the review, and provide a copy of the decision and those reasons to all persons to whom the order was directed and to the Minister.
Rules	267. The Chief Review Officer may make rules
	(a) governing the practice and procedure in respect of the review of orders;
	(b) generally, for the work of review officers; and
	(c) for preventing trade secrets and information described in section 20 of the Access to Information Act from being disclosed or made public as a result of their being used as evidence before a review officer, including rules providing for hearings or parts of hearings to be held in public or private.
Orders and notices	268. Every order or varied order under section 263 or 264 or a copy of one and every notice under those sections shall be provided to the Minister and every person to whom the original order is directed and, where applicable, all other persons to whom the amended order is directed, in accordance with Part 11.

Bill C-32

Review Officers

Reviews