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

Act current to 2024-05-01 and last amended on 2023-06-22. Previous Versions

PART 3Information Gathering, Objectives, Guidelines and Codes of Practice (continued)

Information Gathering (continued)

Marginal note:Additional justification

  •  (1) The Minister may, after studying the reasons provided under section 52, require the person in question to provide, within 20 days and in writing, additional justification for the request for confidentiality.

  • Marginal note:Extension of time

    (2) The Minister may extend the period mentioned in subsection (1) by up to 10 days if the extension is necessary to permit adequate preparation of the additional justification.

  • Marginal note:Minister’s decision

    (3) In determining whether to accept or reject the request, the Minister shall consider whether the reasons are well-founded and, if they are, the Minister may nevertheless reject the request if

    • (a) the disclosure is in the interest of the protection of the environment, public health or public safety; and

    • (b) the public interest in the disclosure outweighs in importance

      • (i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and

      • (ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

  • Marginal note:Acceptance of request

    (4) If the Minister accepts the request, the information shall not be published.

  • Marginal note:Publication

    (5) If the Minister rejects the request,

    • (a) the person has the right to ask the Federal Court to review the matter within 30 days after the person is notified that the request has been rejected or within any further time that the Court may, before the expiry of those 30 days, fix or allow; and

    • (b) the Minister shall advise the person in question of the Minister’s intention to publish the information and of the person’s right to ask the Federal Court to review the matter.

  • Marginal note:Applicable provisions

    (6) Where a person asks the Federal Court to review the matter under paragraph (5)(a), sections 45, 46 and 47 of the Access to Information Act apply, with any modifications that the circumstances require, in respect of a request for a review under that paragraph as if it were an application made under section 44 of that Act.

Objectives, Guidelines and Codes of Practice

Marginal note:Formulation by the Minister

  •  (1) For the purpose of carrying out the Minister’s mandate related to preserving the quality of the environment, the Minister shall issue

    • (a) environmental quality objectives specifying goals or purposes for pollution prevention or environmental control, including goals or purposes stated in quantitative or qualitative terms;

    • (b) environmental quality guidelines specifying recommendations in quantitative or qualitative terms to support and maintain particular uses of the environment;

    • (c) release guidelines recommending limits, including limits expressed as concentrations or quantities, for the release of substances into the environment from works, undertakings or activities; and

    • (d) codes of practice respecting pollution prevention or specifying procedures, practices or release limits for environmental control relating to works, undertakings and activities during any phase of their development and operation, including the location, design, construction, start-up, closure, dismantling and clean-up phases and any subsequent monitoring activities.

  • Marginal note:Scope of objectives, etc.

    (2) The objectives, guidelines and codes of practice referred to in subsection (1) shall relate to

    • (a) the environment;

    • (b) pollution prevention or the recycling, reusing, treating, storing or disposing of substances or reducing the release of substances into the environment;

    • (c) works, undertakings or activities that affect or may affect the environment; or

    • (d) the conservation of natural resources and sustainable development.

  • Marginal note:Consultation

    (3) In carrying out the duties under subsection (1), 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 the quality of the environment.

  • Marginal note:Minister may act

    (3.1) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (3), the Minister may act under subsection (1) 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

    (4) The Minister shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister considers appropriate.

Marginal note:Formulation by the Minister of Health

  •  (1) For the purpose of carrying out the mandate of the Minister of Health related to preserving and improving public health under this Act, the Minister of Health shall issue objectives, guidelines and codes of practice with respect to the elements of the environment that may affect the life and health of the people of Canada.

  • Marginal note:Consultation

    (2) In carrying out the duties under subsection (1), the Minister of Health may consult with a government, a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the preservation and improvement of public health.

  • Marginal note:Publication

    (3) The Minister of Health shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister of Health considers appropriate.

PART 4Pollution Prevention

Pollution Prevention Plans

Marginal note:Requirement for pollution prevention plans

  •  (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of

    • (a) a substance or group of substances specified on the list of toxic substances in Schedule 1;

    • (b) a substance or group of substances with respect to which subsection 166(1) or 176(1) applies; or

    • (c) a product that contains a substance specified on the list of toxic substances in Schedule 1 or that may release such a substance into the environment.

  • Marginal note:Alternatives

    (1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.

  • Marginal note:Contents of notice

    (2) The notice may specify

    • (a) the substance, group of substances or product in relation to which the plan is to be prepared;

    • (b) the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;

    • (c) the factors to be considered in preparing the plan;

    • (d) the period within which the plan is to be prepared;

    • (e) the period within which the plan is to be implemented; and

    • (f) any administrative matter necessary for the purposes of this Part.

  • Marginal note:Extension of time

    (3) Where the Minister is of the opinion that further time is necessary to prepare or implement the plan, the Minister may extend the period for a person who submits a written request before the expiry of the period referred to in the notice or of any extended period.

  • Marginal note:Publication of notice of extension

    (4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.

  • Marginal note:Application for waiver

    (5) On a written request submitted by any person to whom a notice under subsection (1) is directed, the Minister may waive the requirement for that person to consider a factor specified under paragraph (2)(c) where the Minister is of the opinion that it is not reasonable or practicable to consider the factor on the basis of reasons provided in the request.

  • Marginal note:Progress reports

    (6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.

Marginal note:Plan prepared or implemented for another purpose

  •  (1) Subject to subsection (2), where a person who is required to prepare or implement a pollution prevention plan under a notice published under section 56 has prepared or implemented a plan in respect of pollution prevention on a voluntary basis or for another government or under another Act of Parliament that meets all or some of the requirements of the notice, the person may use that plan for the purposes of meeting the requirements of this Part and, in that case, the plan shall be considered to be a pollution prevention plan that has been prepared or implemented under this Part.

  • Marginal note:Where partial requirements met

    (2) Where a person uses a plan under subsection (1) that does not meet all of the requirements of the notice, the person shall

    • (a) amend the plan so that it meets all of those requirements; or

    • (b) prepare an additional pollution prevention plan that meets the remainder of those requirements.

Marginal note:Declaration of preparation

  •  (1) Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the end of the period for the preparation of the plan specified in the notice referred to in subsection 56(1) or extended under subsection 56(3), or specified by the court under section 291 or in the agreement, as the case may be, a written declaration to the Minister that the plan has been prepared and is being implemented.

  • Marginal note:Declaration of implementation

    (2) Every person who is required to implement a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the completion of the implementation of the plan, a written declaration to the Minister that the implementation of the plan has been completed.

  • Marginal note:Filing of amended declaration

    (3) Where a person has filed a declaration under subsection (1) or (2) and the declaration contains information that, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after that time.

  • Marginal note:Form of declaration

    (4) A declaration referred to in subsection (1), (2) or (3) shall be filed in the form and manner and contain the information specified by the Minister.

Marginal note:Requirement to keep plan

 Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

Marginal note:Requirement to submit certain plans

  •  (1) The Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice who are required to prepare and implement a pollution prevention plan under section 56 to submit, within the period specified by the Minister, the plan or any part of the plan for the purpose of determining and assessing preventive or control actions in respect of a substance, group of substances or product.

  • Marginal note:Submission of plans required by court or agreement

    (2) The Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice who are required to prepare and implement a pollution prevention plan under section 291 or under an agreement in respect of environmental protection alternative measures to submit, within the period specified by the Minister, the plan or any part of the plan.

Model Plans and Guidelines

Marginal note:Model plans

 For the purpose of providing guidance in the preparation of a pollution prevention plan, the Minister may publish in the Canada Gazette or in any other manner that the Minister considers appropriate a model pollution prevention plan or a notice stating where a copy of the plan may be obtained.

Marginal note:Guidelines

  •  (1) The Minister shall, with particular consideration of paragraph 2(1)(m), develop guidelines respecting the circumstances in which and the conditions under which pollution prevention planning is appropriate.

  • Marginal note:Consultation

    (2) In carrying out the duties under subsection (1), 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 the quality of the environment.

  • Marginal note:Minister may act

    (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) 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.

Other Initiatives

Marginal note:Information clearing-house

  •  (1) The Minister may, for the purposes of encouraging and facilitating pollution prevention, establish and maintain a national pollution prevention information clearing-house in order to collect, exchange and distribute information relating to pollution prevention.

  • Marginal note:Recognition program

    (2) The Minister may establish a program to publicly recognize significant achievements in the area of pollution prevention.

  • Marginal note:Cooperation with other bodies

    (3) The Minister may, in exercising the powers conferred by subsections (1) and (2), act alone or in cooperation with any government in Canada or government of a foreign state or any of its institutions or any person.

PART 5Controlling Toxic Substances

Interpretation

Marginal note:Toxic substances

 For the purposes of this Part and Part 6, except where the expression “inherently toxic” appears, a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that

  • (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;

  • (b) constitute or may constitute a danger to the environment on which life depends; or

  • (c) constitute or may constitute a danger in Canada to human life or health.

 

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