11. In this Part, “environmental protection action” means an action under section 22.

12. The Minister shall establish a registry, to be called the Environmental Registry, for the purpose of facilitating access to documents relating to matters under this Act.

13. (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Minister, and shall also include, subject to the Access to Information Act and the Privacy Act,

(a) notices of objection and of any approval granted under this Act;

(b) a copy of every policy and of every proposed regulation or order made under this Act; and

(c) copies of documents submitted to a court by the Minister relating to any environmental protection action.

(2) The Minister may determine the form of the Environmental Registry, how it is to be kept and how access to it is to be provided.

14. (1) Despite any other Act of Parliament, no civil or criminal proceedings may be brought against any person mentioned in subsection (2) for the full or partial disclosure in good faith of any notice or other document through the Environmental Registry or any consequences of its disclosure.

(2) The persons against whom the proceedings may not be brought are Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister.

15. The rights conferred by this Part are in addition to the right to request the addition of a substance to the Priority Substance List, the right to file a notice of objection under Parts 1, 5, 7 and 11 and the right to request under Parts 5, 7 and 11 that a board of review be established under section 333.

16. (1) Where a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Act, but is not required to report the matter under this Act, the person may report any information relating to the offence or likely offence to an enforcement officer or any person to whom a report may be made under this Act.

(2) The person making the report may request that their identity, and any information that could reasonably be expected to reveal their identity, not be disclosed.

(3) No person shall disclose or cause to be disclosed the identity of a person who makes a request under subsection (2) or any information that could reasonably be expected to reveal their identity unless the person authorizes the disclosure in writing.

(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

(a) the employee has made a report under subsection (1);

(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or

(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act.

17. (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Act that the individual alleges has occurred.

(2) The application shall include a solemn affirmation or declaration

(a) stating the name and address of the applicant;

(b) stating that the applicant is at least 18 years old and a resident of Canada;

(c) stating the nature of the alleged offence and the name of each person alleged to have contravened, or to have done something in contravention of, this Act or the regulations; and

(d) containing a concise statement of the evidence supporting the allegations of the applicant.

(3) The Minister may prescribe the form in which an application under this section is required to be made.

18. The Minister shall acknowledge receipt of the application within 20 days of the receipt and shall investigate all matters that the Minister considers necessary to determine the facts relating to the alleged offence.

19. After acknowledging receipt of the application, the Minister shall report to the applicant every 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take, and the Minister shall include in the report an estimate of the time required to complete the investigation or to implement the action, but a report is not required if the investigation is discontinued before the end of the 90 days.

20. At any stage of an investigation, the Minister may send any documents or other evidence to the Attorney General of Canada for consideration of whether an offence has been or is about to be committed under this Act and for any action that the Attorney General may wish to take.

21. (1) The Minister may discontinue the investigation if the Minister is of the opinion that

(a) the alleged offence does not require further investigation; or

(b) the investigation does not substantiate the alleged offence.

(2) If the investigation is discontinued, the Minister shall

(a) prepare a report in writing describing the information obtained during the investigation and stating the reasons for its discontinuation; and

(b) send a copy of the report to the applicant and to any person whose conduct was investigated.

A copy of the report sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them.

22. (1) An individual who has applied for an investigation may bring an environmental protection action if

(a) the Minister failed to conduct an investigation and report within a reasonable time; or

(b) the Minister’s response to the investigation was unreasonable.

(2) The action may be brought in any court of competent jurisdiction against a person who committed an offence under this Act that

(a) was alleged in the application for the investigation; and

(b) caused significant harm to the environment.

(3) In the action, the individual may claim any or all of the following:

(a) a declaratory order;

(b) an order, including an interlocutory order, requiring the defendant to refrain from doing anything that, in the opinion of the court, may constitute an offence under this Act;

(c) an order, including an interlocutory order, requiring the defendant to do anything that, in the opinion of the court, may prevent the continuation of an offence under this Act;

(d) an order to the parties to negotiate a plan to correct or mitigate the harm to the environment or to human, animal or plant life or health, and to report to the court on the negotiations within a time set by the court; and

(e) any other appropriate relief, including the costs of the action, but not including damages.

23. (1) An environmental protection action may be brought only within a limitation period of two years beginning when the plaintiff becomes aware of the conduct on which the action is based, or should have become aware of it.

(2) The limitation period does not include any time following the plaintiff’s application for an investigation, but before the plaintiff receives a report under subsection 21(2).

24. An environmental protection action may not be brought if the alleged conduct

(a) was taken

(i) to correct or mitigate harm or the risk of harm to the environment or to human, animal or plant life or health, or

(ii) to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization; and

(b) was reasonable and consistent with public safety.

25. An environmental protection action may not be brought against a person if the person was convicted of an offence under this Act, or environmental protection alternative measures within the meaning of Part 10 were used to deal with the person, in respect of the alleged conduct on which the action is based.

26. (1) The plaintiff in an environmental protection action shall give notice of the action to the Minister no later than 10 days after the document originating the action is first served on a defendant, and the Minister shall give notice of the action in the Environmental Registry as soon as possible after receipt of the plaintiff’s notice.

(2) In an environmental protection action,

(a) the court may order any party to the action to give notice to the Minister of any matter relating to the action, within the time specified by the court; and

(b) the Minister shall give notice of that matter in the Environmental Registry as soon as possible after receipt of the party’s notice.

27. (1) A plaintiff shall serve the Attorney General of Canada with a copy of the document originating an environmental protection action within 20 days after first serving the document on a defendant.

(2) The Attorney General of Canada is entitled to participate in the action, either as a party or otherwise. Notice of his or her decision to participate shall be given to the plaintiff and be included in the Environmental Registry within 45 days after the copy of the originating document is served on the Attorney General.

(3) The Attorney General of Canada is entitled to appeal from a judgment in the action and to make submissions and present evidence in an appeal.

28. (1) A court may allow any person to participate in an environmental protection action in order to provide fair and adequate representation of the private and public interests involved.

(2) The court may determine the manner and terms of the person’s participation, including the payment of costs.

29. The offence alleged in an environmental protection action and the resulting significant harm are to be proved on a balance of probabilities.

30. (1) The following defences are available in an environmental protection action:

(a) the defence of due diligence in complying with this Act and the regulations;

(b) the defence that the alleged conduct is authorized by or under an Act of Parliament;

(c) except with respect to Her Majesty in right of Canada or a federal source, the defence that the alleged conduct is authorized by or under a law of a government that is the subject of an order made under subsection 10(3); and

(d) the defence of officially induced mistake of law.

(2) This section does not limit the availability of any other defences.

31. In deciding whether to dispense with an undertaking to pay damages caused by an interlocutory order in an environmental protection action, the court may consider any special circumstances, including whether the action is a test case or raises a novel point of law.

32. (1) A court may stay or dismiss an environmental protection action if it is in the public interest to do so.

(2) In deciding whether to stay or dismiss the action, the court may consider

(a) environmental, health, safety, economic and social concerns;

(b) whether the issues raised in the action would be better resolved in some other way;

(c) whether the Minister has an adequate plan to correct or mitigate the harm to the environment or human, animal or plant life or health or otherwise to address the issues raised in the action; and

(d) any other relevant matter.

33. If a court finds that the plaintiff is entitled to judgment in an environmental protection action, it may grant any relief mentioned in subsection 22(3).

34. (1) A court order to negotiate a plan to correct or mitigate the harm to the environment or human, animal or plant life or health may, to the extent that it is reasonable, practicable and ecologically sound, require the plan to provide for

(a) the prevention, reduction or elimination of the harm;

(b) the restoration of the environment;

(c) the restoration of all uses, including enjoyment, of the environment affected by the offence;

(d) the payment of money by the defendant as the court may direct to achieve the plan’s purposes; and

(e) monitoring the implementation of the plan and the progress made in achieving its purposes.

Before making the order, the court must take into account any efforts that the defendant has already made to deal with the harm.

(2) The court may also make interlocutory or ancillary orders to ensure that the negotiation of the plan runs smoothly, including orders

(a) for the payment of the costs of negotiation;

(b) requiring the plaintiff or the defendant to prepare a draft of the plan; and

(c) setting a time limit for the negotiations.

(3) The court may appoint a person who is not a party to prepare a draft plan if the parties cannot agree on the plan or the court is not satisfied with the plan that they negotiate.

(4) The court may order the parties to prepare another plan if it is not satisfied with the plan that they negotiate.

(5) The court may approve a plan that the parties negotiate or a plan prepared by a person appointed under subsection (3) and the approved plan comes into effect on a day determined by the court.

35. A court may not order the negotiation of a plan to correct or mitigate the harm to the environment or human, animal or plant life or health if it determines that

(a) the harm has already been corrected or mitigated; or

(b) adequate measures to correct or mitigate the harm have already been ordered under this Act or any other law in force in Canada.

36. An environmental protection action may be settled or discontinued only with the approval of the court and on terms that it considers appropriate.

37. If an environmental protection action results in an order of a court or a settlement approved by a court,

(a) the resolution of any question of fact by the order or settlement is binding on a court in any other environmental protection action in which that question arises; and

(b) no other environmental protection action may be brought with respect to the offence or alleged offence dealt with by the order or settlement.

38. In deciding whether to award costs in an environmental protection action, the court may consider any special circumstances, including whether the action is a test case or raises a novel point of law.

39. Any person who suffers, or is about to suffer, loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may seek an injunction from a court of competent jurisdiction ordering the person engaging in the conduct

(a) to refrain from doing anything that it appears to the court causes or will cause the loss or damage; or

(b) to do anything that it appears to the court prevents or will prevent the loss or damage.

40. Any person who has suffered loss or damage as a result of conduct that contravenes any provision of this Act or the regulations may, in any court of competent jurisdiction, bring an action to recover from the person who engaged in the conduct

(a) an amount equal to the loss or damage proved to have been suffered by the person; and

(b) an amount to compensate for the costs that the person incurs in connection with the matter and proceedings under this section.

41. (1) In an action under this Part, the record of proceedings in any court in which a defendant was convicted of an offence under this Act is evidence that the defendant committed the offence.

(2) In the action, evidence that a defendant was convicted of an offence under this Act may be given by a certificate stating with reasonable particularity the conviction and sentence of the defendant.

(3) The certificate shall be signed by

(a) the person who made the conviction; or

(b) the clerk of the court in which the conviction was made.

Once it is proved that the defendant is the offender mentioned in the certificate, it is evidence without proof of the signature or the official character of the person appearing to have signed it.

42. (1) No civil remedy for any conduct is suspended or affected by reason only that the conduct is an offence under this Act.

(2) Nothing in this Act shall be interpreted so as to repeal, remove or reduce any remedy available to any person under any law in force in Canada.

(3) No claim for damage caused by a ship may be made under this Act to the extent that a claim for that damage may be made under the Marine Liability Act or the Arctic Waters Pollution Prevention Act.

1999, c. 33, s. 42; 2001, c. 6, s. 112.

43. The definitions in this section apply in this Part.

“fish” has the meaning assigned by section 2 of the Fisheries Act.

“hormone disrupting substance” means a substance having the ability to disrupt the synthesis, secretion, transport, binding, action or elimination of natural hormones in an organism, or its progeny, that are responsible for the maintenance of homeostasis, reproduction, development or behaviour of the organism.

44. (1) The Minister shall

(a) establish, operate and maintain a system for monitoring environmental quality;

(b) conduct research and studies relating to pollution prevention, the nature, transportation, dispersion, effects, control and abatement of pollution and the effects of pollution on environmental quality, and provide advisory and technical services and information related to that research and those studies;

(c) conduct research and studies relating to

(i) environmental contamination arising from disturbances of ecosystems by human activity,

(ii) changes in the normal geochemical cycling of toxic substances that are naturally present in the environment, and

(iii) detection and damage to ecosystems;

(d) collect, process, correlate, interpret, create an inventory of and publish on a periodic basis data on environmental quality in Canada from monitoring systems, research, studies and any other sources;

(e) formulate plans for pollution prevention and the control and abatement of pollution, including plans respecting the prevention of, preparedness for and response to an environmental emergency and for restoring any part of the environment damaged by or during an emergency, and establish, operate and publicize demonstration projects and make them available for demonstration; and

(f) publish, arrange for the publication of or distribute through an information clearing-house

(i) information respecting pollution prevention,

(i) pertinent information in respect of all aspects of environmental quality, and

(ii) a periodic report on the state of the Canadian environment.

(2) The Minister may

(a) in establishing a system referred to in paragraph (1)(a), cooperate with governments, foreign governments and aboriginal people and with any person who has established or proposes to establish any such system; and

(b) with the approval of the Governor in Council, enter into agreements for the operation or maintenance of a system referred to in paragraph (1)(a) by the Minister on behalf of any government, aboriginal people or any person or for the operation or maintenance of any such system by the government or any person on behalf of the Minister.

(3) The Minister may, in exercising the powers conferred by paragraphs (1)(b) to (e), act in cooperation with any government, foreign government, government department or agency, institution, aboriginal people or any person and may sponsor or assist in any of their research, studies, planning or activities in relation to environmental quality, pollution prevention, environmental emergencies or the control or abatement of pollution.

(4) The Ministers shall conduct research or studies relating to hormone disrupting substances, methods related to their detection, methods to determine their actual or likely short-term or long-term effect on the environment and human health, and preventive, control and abatement measures to deal with those substances to protect the environment and human health.

45. The Minister of Health shall

(a) conduct research and studies relating to the role of substances in illnesses or in health problems;

(b) collect, process, correlate and publish on a periodic basis data from any research or studies done under paragraph (a); and

(c) distribute available information to inform the public about the effects of substances on human health.

46. (1) The Minister may, for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person described in the notice to provide the Minister with any information that may be in the possession of that person or to which the person may reasonably be expected to have access, including information regarding the following:

(a) substances on the Priority Substances List;

(b) substances that have not been determined to be toxic under Part 5 because of the current extent of the environment’s exposure to them, but whose presence in the environment must be monitored if the Minister considers that to be appropriate;

(c) substances, including nutrients, that can be released into water or are present in products like water conditioners and cleaning products;

(d) substances released, or disposed of, at or into the sea;

(e) substances that are toxic under section 64 or that may become toxic;

(f) substances that may cause or contribute to international or interprovincial pollution of fresh water, salt water or the atmosphere;

(g) substances or fuels that may contribute significantly to air pollution;

(h) substances that, if released into Canadian waters, cause or may cause damage to fish or to their habitat;

(i) substances that, if released into areas of Canada where there are migratory birds, endangered species or other wildlife regulated under any other Act of Parliament, are harmful or capable of causing harm to those birds, species or wildlife;

(j) substances that are on the list established under regulations made under subsection 200(1);

(k) the release of substances into the environment at any stage of their life-cycle;

(l) pollution prevention; and

(m) use of federal land and of aboriginal land.

(2) The Minister may, in accordance with an agreement signed with a government, require that a person to whom a notice is directed submit the information to the Minister or to that government.

(3) An agreement referred to in subsection (2) shall set out conditions respecting access by the Minister or other government to all or part of the information that the person is required to submit and may set out any other conditions respecting the information.

(4) A notice referred to in subsection (1) must indicate the period during which it is in force, which may not exceed three years, and the date or dates within which the person to whom the notice is directed shall comply with the notice.

(5) Every person to whom a notice is directed shall comply with the notice.

(6) The Minister may, on request in writing from any person to whom a notice is directed, extend the date or dates within which the person shall comply with the notice.

(7) The notice must indicate the manner in which the information is to be provided.

(8) The notice may indicate the period during which, and the location where, the person to whom the notice is directed shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based. The period may not exceed three years from the date the information is required to be submitted to the Minister.

47. (1) The Minister shall issue guidelines respecting the use of the powers provided for by subsection 46(1) and, in issuing those guidelines, the Minister shall take into account any factor that the Minister considers relevant, including, but not limited to,

(a) the costs and benefits to the Minister and the person to whom the notice under subsection 46(1) is directed;

(b) the co-ordination of requests for information with other governments, to the extent practicable; and

(c) the manner in which the information collected under subsection 46(1) is to be used.

(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.

(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.

48. The Minister shall establish a national inventory of releases of pollutants using the information collected under section 46 and any other information to which the Minister has access, and may use any information to which the Minister has access to establish any other inventory of information.

49. The notice published under subsection 46(1) must indicate whether or not the Minister intends to publish the information and, if so, whether in whole or in part.

50. Subject to subsection 53(4), the Minister shall publish the national inventory of releases of pollutants in any manner that the Minister considers appropriate and may publish or give notice of the availability of any other inventory of information established under section 48, in any manner that the Minister considers appropriate.

51. A person who provides information to the Minister under subsection 46(1) may, if the Minister’s intention to publish the information has been indicated under section 49, submit with the information a written request, setting out a reason referred to in section 52, that the information be treated as confidential.

52. Despite Part 11, a request under section 51 may only be based on any of the following reasons:

(a) the information constitutes a trade secret;

(b) the disclosure of the information would likely cause material financial loss to, or prejudice to the competitive position of, the person providing the information or on whose behalf it is provided; and

(c) the disclosure of the information would likely interfere with contractual or other negotiations being conducted by the person providing the information or on whose behalf it is provided.

53. (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.

(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.

(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.

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

(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.

(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.

54. (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.

(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.

(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.

(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.

(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.

55. (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.

(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.

(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.

56. (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 substance or group of substances specified on the List of Toxic Substances in Schedule 1, or to which subsection 166(1) or 176(1) applies.

(2) The notice may specify

(a) the substance or group of substances 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.

(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.

(4) The Minister shall publish in the Canada Gazette 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 implementation of the plan, and the duration of the period of the extension.

(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.

57. (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.

(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.

58. (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.

(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.

(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.

(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.

59. 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.

60. (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 or group of substances.

(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.

61. 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.

62. (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.

(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.

(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.

63. (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.

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

(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.