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Canadian Environmental Protection Act, 1999

Version of section 201 from 2002-12-31 to 2004-09-30:

Marginal note:Remedial measures

  •  (1) Subject to any regulations made under subsection 200(1), where there occurs an environmental emergency in respect of a substance on the list established under the regulations, any person described in subsection (2) shall, as soon as possible in the circumstances,

    • (a) notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the environmental emergency to the enforcement officer or other person;

    • (b) take all reasonable emergency measures consistent with the protection of the environment and public safety

      • (i) to prevent the environmental emergency, or

      • (ii) to repair, reduce or mitigate any negative effects on the environment or human life or health that result from the environmental emergency or that may reasonably be expected to result from it; and

    • (c) make a reasonable effort to notify any member of the public who may be adversely affected by the environmental emergency.

  • Marginal note:Application

    (2) Subsection (1) applies to any person who

    • (a) owns or has the charge, management or control of a substance immediately before the environmental emergency; or

    • (b) causes or contributes to the environmental emergency.

  • Marginal note:Report by other persons

    (3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report an environmental emergency to an enforcement officer or to a person designated by the regulations if their property is affected by the environmental emergency.

  • Marginal note:Intervention by enforcement officer

    (4) Where any person fails to take any measures required under subsection (1), an enforcement officer may take those measures, cause them to be taken or direct any person referred to in subsection (2) to take them.

  • Marginal note:Limitation on power of direction

    (5) Any direction of an enforcement officer under subsection (4) that is inconsistent with a requirement imposed by or under any other Act of Parliament is void to the extent of the inconsistency.

  • Marginal note:Access to property

    (6) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (4) may enter and have access to any place or property and may do anything reasonable that may be necessary in the circumstances.

  • Marginal note:Personal liability

    (7) Any person, other than a person described in subsection (2), 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 in respect of 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.

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