Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Report to Parliament

317.3 The Minister shall include in the annual report required by section 342 a report respecting the explicit chemical or biological names of substances and the explicit biological names of living organisms disclosed under section 317.1 or 317.2.

Marginal note: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.

Marginal note: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).

Marginal note: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.

Marginal note: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

Marginal note: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) compliance units.

Marginal note:Consultation

• 323 (1) 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.

• Marginal note:Minister may act

  (2) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (1), the Minister may act under section 322 if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.

Marginal note: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.

Marginal note: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 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.

Marginal note:Regulations for compliance 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 compliance 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 compliance 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, trade, sale, use, variation or cancellation of a compliance 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.

Marginal note: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 compliance units or invalidate any trade of compliance units if the Ministers are of the opinion that the trade or use of a compliance 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.

Marginal note:Environmental Economic Instruments Fund

• 327.1 (1) There is established an account in the accounts of Canada to be called the Environmental Economic Instruments Fund, consisting of a sub-account for each funding program that meets the following conditions:

  • (a) its purpose is provided for in a regulation made under section 326 and any of sections 93, 118, 140, 167, 177 and 209; and

  • (b) it is under the responsibility of the Minister.

• Marginal note:Amounts paid into C.R.F.

  (2) The amounts received by His Majesty in right of Canada as contributions to a funding program referred to in subsection (1) are to be paid into the Consolidated Revenue Fund and credited to the sub-account for that program.

• Marginal note:Interest

  (3) The Minister of Finance shall cause to be credited to each sub-account an amount representing interest, calculated in the manner and at the rate determined by the Governor in Council on the recommendation of that Minister, on the amount standing to the credit of that sub-account.

• Marginal note:Amounts paid out of C.R.F.

  (4) On the Minister’s request, one or more amounts not exceeding in total the amount standing in the sub-account for a funding program referred to in subsection (1), including interest, may be paid out of the Consolidated Revenue Fund for the purpose for which that funding program was established. The amount of all such payments is to be charged to that sub-account.

• Marginal note:Administration of Fund

  (5) The Minister is responsible for the administration of the Environmental Economic Instruments Fund.

• Marginal note:Use of amounts

  (6) Amounts credited to a sub-account for a funding program referred to in subsection (1) may be used for the administration of that sub-account.

• Marginal note:Designation

  (7) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in subsections (4) and (5).

Regulations Respecting Fees and Charges

Marginal note:Services and facilities

• 328 (1) Subject to subsection (2), the Minister may make regulations

  • (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for a service, the use of a facility or any right, privilege, process or approval;

  • (b) prescribing the persons or classes of persons by whom or on whose behalf the fees are to be paid and requiring the fees to be paid by those persons or classes of persons;

  • (c) exempting any person or class of persons from the requirement to pay any of those fees; and

  • (d) generally, in respect of any condition or any other matter in relation to the payment of fees for a service, facility, right, privilege, process or approval referred to in paragraph (a).

• Marginal note:Appropriate Minister

  (2) For the purpose of subsection (1), where the Minister or the Minister of Health or both Ministers have responsibility for a service, facility, right, privilege, process or approval referred to in paragraph (1)(a), that Minister or both Ministers, as the case may be, have the power to make the regulations under subsection (1) in relation to that service, facility, right, privilege, process or approval.

• Marginal note:Amount not to exceed cost

  (3) Fees for a service or the use of a facility that are prescribed by or under regulations made under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

• Marginal note:Amount

  (4) Fees for processes or approvals that are prescribed by or under regulations made under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty for the purpose of providing the processes or approvals.

Marginal note:Consultation

329 The Minister making a regulation under section 328 shall do so after consulting with any persons or organizations that the Minister considers to be interested in the matter.

General Regulation-making Powers and Exemptions

Marginal note:Exercise of regulation-making power

• 330 (1) The Governor in Council may, in the exercise of any regulation-making power under this Act in respect of a substance, prescribe

  • (a) the minimum, average or maximum quantity or concentration of the substance; and

  • (b) the method of determining such a quantity or concentration.

• Marginal note:Incorporation by reference

  (2) For greater certainty, a regulation made under this Act incorporating by reference a standard, specification, guideline, method, procedure or practice may incorporate the standard, specification, guideline, method, procedure or practice as amended from time to time.

• (3) [Repealed, 2023, c. 12, s. 54]

• (3.1) [Repealed, 2023, c. 12, s. 54]

• Marginal note:Variation

  (3.2) Regulations made under section 93, 140, 145, 167, 177 or 326 may distinguish among any class of persons, works, undertakings, activities or substances, including fuels, that they may establish on the basis of any factor, including

  • (a) quantities of releases;

  • (b) production capacity;

  • (c) technology or techniques used or manufacturing process;

  • (d) feedstocks used;

  • (e) in the case of works or undertakings, the date their operation commenced or the date on which any major alterations are completed;

  • (f) the substance or fuel’s source;

  • (g) the substance or fuel’s commercial designation;

  • (h) the substance or fuel’s physical or chemical properties; and

  • (i) the substance or fuel’s conditions of use or place or time of year of use.

• Marginal note:Limitation of Part 7

  (3.3) Nothing in Part 7 is to be construed so as to prevent the making of regulations under Part 5.

• Marginal note:Manner of service

  (4) The Minister may make regulations respecting the manner of providing or serving orders, copies of orders, notices or other documents that are to be provided under this Act.