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

“environmental emergency” means

(a) an uncontrolled, unplanned or accidental release, or release in contravention of regulations or interim orders made under this Part, of a substance into the environment; or

(b) the reasonable likelihood of such a release into the environment.

“substance” means, except in sections 199 and 200.1, a substance on a list of substances established under regulations or interim orders made under this Part.

1999, c. 33, s. 193; 2004, c. 15, s. 26.

194. For the purposes of this Part, any power, duty or function conferred or imposed under this Part may only be exercised or performed in relation to those aspects of an environmental emergency that

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

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

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

195. Despite subsection 36(3) of the Fisheries Act, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d) and 209(2)(a), (b), (c) and (d), the Minister may

(a) examine and conduct research, including tests, respecting the causes, circumstances and effects of and remedial measures for an environmental emergency; and

(b) conduct and publicize demonstration projects.

196. The Minister may issue guidelines and codes of practice 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.

197. (1) In carrying out the responsibilities conferred by section 196, 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 or environmental emergencies.

(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 196 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.

198. The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, guidelines and codes of practice issued under section 196 or a notice stating where copies of those documents may be obtained.

199. (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 an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency in respect of

(a) a substance or group of substances on the List of Toxic Substances in Schedule 1; or

(b) a substance or group of substances in relation to which there has been published in the Canada Gazette

(i) a statement of the Ministers under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1, or

(ii) a copy of an order proposed to be made under subsection 90(1).

(2) The notice shall specify

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

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

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

(d) any other matter that the Minister considers necessary.

(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) Subject to subsection (5), where a person who is required to prepare or implement an environmental emergency plan under a notice published under this section has prepared or implemented a plan in respect of environmental emergencies 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 an environmental emergency plan that has been prepared or implemented under this Part.

(5) Where a person uses a plan under subsection (4) 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 environmental emergency plan that meets the remainder of those requirements.

(6) Sections 58 and 59 apply to environmental emergency plans, with any modifications that the circumstances require, as if any reference to a pollution prevention plan were read as a reference to an environmental emergency plan.

(7) 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 or implement an environmental emergency plan under subsection (1) or 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.

200. (1) The Governor in Council may, on the recommendation of the Minister and after the Committee is given an opportunity to provide its advice to the Minister under section 6, make regulations

(a) establishing a list of substances that, if they enter the environment as a result of an environmental emergency,

(i) have or may have an immediate or long-term harmful effect on the environment or its biological diversity,

(ii) constitute or may constitute a danger to the environment on which human life depends, or

(iii) constitute or may constitute a danger in Canada to human life or health;

(b) prescribing, in respect of a substance on the list established under paragraph (a), a minimum quantity;

(c) respecting the identification of the places in Canada where a substance referred to in paragraph (a), in any quantity or in the quantity prescribed for that substance under paragraph (b), is located and requiring notification to the Minister of those places;

(d) respecting the prevention of, preparedness for, response to and recovery from an environmental emergency in respect of a substance;

(e) respecting the notification and reporting of an environmental emergency;

(f) respecting the notification and reporting of the measures taken

(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;

(g) respecting the implementation of international agreements entered into by Canada in relation to environmental emergencies; and

(h) respecting any other matter necessary for the purposes of this Part.

(2) The Governor in Council shall not make a regulation under subsection (1) in respect of a matter if, by order, the Governor in Council states that it is of the opinion that

(a) the matter is regulated by or under any other Act of Parliament that contains provisions that are similar in effect to sections 194 to 205; and

(b) that Act or any regulation made under that Act provides sufficient protection to human health and the environment or its biological diversity.

200.1 (1) The Minister may make an interim order, in respect of a substance, that contains any provision that may be contained in a regulation made under this Part, if

(a) the substance

(i) is not on the list established under regulations made under this Part and the Ministers believe that, if it enters the environment as a result of an environmental emergency,

(A) it would have or may have an immediate or long-term harmful effect on the environment or its biological diversity,

(B) it would constitute or may constitute a danger to the environment on which human life depends, or

(C) it would constitute or may constitute a danger in Canada to human life or health, or

(ii) is on that list and the Ministers believe that it is not adequately regulated; and

(b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health.

(2) Subject to subsection (3), an interim order has effect

(a) from the time it is made; and

(b) as if it were a regulation made under this Part.

(3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.

(4) The Governor in Council shall not approve an interim order unless the Minister has

(a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and

(b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

(5) If the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Minister intends to recommend to the Governor in Council

(a) that a regulation having the same effect as the order be made under this Part; and

(b) if the order was made in respect of a substance that was not on the list established under regulations made under this Part, that the substance be added to that list.

(6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.

(7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

(a) the day it is repealed,

(b) the day a regulation referred to in subsection (5) is made, and

(c) two years after the order is made.

(8) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.

(9) In order to comply with subsection (8), the interim order may be sent to the Clerk of the House if the House is not sitting.

2004, c. 15, s. 27.

201. (1) Subject to any regulations made under subsection 200(1) or any interim orders made under section 200.1, if there occurs an environmental emergency in respect of a substance on a list established under the regulations or interim orders, any person described in subsection (2) shall, as soon as possible in the circumstances,

( a) notify an enforcement officer or any other person designated by regulation or interim order 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.

(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.

(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 regulation or interim order if their property is affected by the environmental emergency.

(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.

(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.

(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.

(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.

1999, c. 33, s. 201; 2004, c. 15, s. 28.

202. (1) If a person knows about an environmental emergency but the person is not required to report the matter under this Act, the person may report any information about the environmental emergency to an enforcement officer or to a person designated by regulation or interim order.

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

(3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request 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.

1999, c. 33, s. 202; 2004, c. 15, s. 29.

203. (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 201(4) from

(a) any person referred to in paragraph 201(2)(a); and

(b) any person referred to in paragraph 201(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency.

(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.

(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.

(4) A person referred to in paragraph 201(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the environmental emergency.

(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.

(6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

(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.

(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.

204. (1) The Minister may establish, in cooperation with the governments of the provinces and aboriginal governments and government departments or agencies, a national system for the notification and reporting of environmental emergencies.

(2) Subject to section 314, any person may have access to and a copy of any information contained in the national system established under subsection (1).

205. (1) Subject to this Part, the person who owns or has the charge, management or control of a substance immediately before an environmental emergency is liable

(a) for restoring any part of the environment damaged by or during the emergency;

(b) for costs and expenses incurred by a public department within the meaning of the Criminal Code or other public authority in Canada in respect of measures taken to prevent, repair, remedy or minimize the damage to the environment resulting from the emergency, including measures taken in anticipation of the environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures; and

(c) for costs and expenses incurred by the Minister in respect of measures taken to prevent, repair, remedy or minimize the environmental emergency to the extent that the measures taken and the costs and expenses are reasonable, and for any loss or damage caused by such measures.

(2) In subsection (1), “public authority in Canada” means Her Majesty in right of a province, an aboriginal government or any other body designated by the Governor in Council for the purposes of that subsection as a public authority in Canada.

(3) The person’s liability under subsection (1) does not depend on proof of fault or negligence, but the owner is not liable under that subsection if the owner establishes that the environmental emergency

(a) resulted from an act of war, hostilities or insurrection or from a natural phenomenon of an exceptional, inevitable and irresistible character;

(b) was wholly caused by an act or omission of a third party with intent to cause damage; or

(c) was wholly caused by the negligence or other wrongful act of government, public department or public authority.

(4) Where the person who is liable under subsection (1) establishes that the environmental emergency resulted wholly or partially from

(a) an act or omission done by the person who suffered the damage with intent to cause damage, or

(b) the negligence or wilful conduct of that person,

the liability of the person referred to in subsection (1) to that other person is reduced or nullified in proportion to the degree to which the environmental emergency resulted from the factors mentioned in paragraphs (a) and (b).

(5) Nothing in this Part shall be construed as limiting or restricting any right of recourse that the person who is liable under subsection (1) may have against any other person.

(6) Costs and expenses incurred by the person referred to in subsection (1) in respect of measures voluntarily taken to prevent, repair, remedy or minimize damage from the environmental emergency, including measures taken in anticipation of an environmental emergency, to the extent that the measures taken and the costs and expenses are reasonable, rank equally with other claims against any security given by that person in respect of that person’s liability under this section.

206. In this Part, “regulations” means regulations made under this Part.

207. (1) This Part applies to

( a) departments, boards and agencies of the Government of Canada;

( b) federal works and undertakings;

( c) aboriginal land, federal land, persons on that land and other persons in so far as their activities involve that land; and

( d) Crown corporations, as defined in subsection 83(1) of the Financial Administration Act.

(1.1) This Part does not apply to public real property under the administration and control of the Commissioner of Yukon pursuant to the Yukon Act.

(2) This Part does not restrict any of the following powers in so far as they may be exercised in relation to air and all layers of the atmosphere above federal land or aboriginal land:

( a) powers under the Aeronautics Act or a provision of any other Act of Parliament relating to aeronautics or air transportation; or

( b) powers under the National Defence Act or a provision of any other Act of Parliament relating to national defence and security.

1999, c. 33, s. 207; 2002, c. 7, s. 125.

208. (1) The Minister shall establish objectives, guidelines and codes of practice for the purpose of carrying out the Minister’s duties and functions under this Part related to the quality of the environment.

(2) In establishing an objective, a guideline or a code of practice under subsection (1), the Minister

(a) shall offer to consult with the government of a territory if the objective, guideline or code of practice applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and

(b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

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

209. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the protection of the environment, including, but not limited to, regulations respecting

(a) the establishment of environmental management systems;

(b) pollution prevention and pollution prevention plans;

(c) environmental emergencies, releases of substances and likely releases, including their prevention, preparedness for them, reporting them, both as soon as possible in the circumstances and in detail at a later stage, and the measures to be taken to respond to them and to correct damage to the environment;

(d) the designation of persons for the purposes of paragraph 212(1)(a) and subsections 212(3) and 213(1) and prescribing the form of the report to be made under those provisions and the information to be contained in it;

(e) the circumstances in which a report is not required under paragraph 212(1)(a);

(f) any substance; and

(g) any other matter necessary to carry out the purposes of this Part.

(2) Regulations with respect to any substance may provide for, or impose requirements respecting,

(a) the quantity or concentration of any substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;

(b) the places or areas where the substance may be released;

(c) the commercial, manufacturing, processing or other activity in the course of which the substance may be released;

(d) the manner in which and the conditions under which the substance may be released into the environment, either alone or in combination with any other substance;

(e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;

(f) the purposes for which the substance or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;

(g) the manner in which and the conditions under which the substance or a product containing it may be imported, manufactured, processed or used;

(h) the quantities or concentrations in which the substance may be used;

(i) the quantities or concentrations of the substance that may be imported;

(j) the countries from or to which the substance may be imported or exported;

(k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;

(l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing the substance and the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;

(m) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada;

(n) the manner in which, the conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;

(o) the manner in which and the conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;

(p) the packaging and labelling of the substance or a product containing it;

(q) the manner, conditions, places and method of disposal or recycling of the substance or a product containing it, including standards for the construction, maintenance and inspection of disposal or recycling sites;

(r) the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance;

(s) the maintenance of books and records for the administration of any regulation made under this section;

(t) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;

(u) the submission of samples of the substance to the Minister;

(v) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;

(w) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify

(i) any requirement for sampling, analyses, tests, measurements or monitoring, or

(ii) conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and

(x) the decommissioning and decontamination of storage, handling, transportation, disposal and recycling sites for the substance.

(3) Before recommending to the Governor in Council a regulation under this section, the Minister

(a) shall offer to consult with the government of a territory if the regulation applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and

(b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

(4) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (3)(a), the Minister may recommend a regulation to the Governor in Council under this section if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.

210. Where the Governor in Council is of the opinion that provisions of any other Part of this Act or any other Act of Parliament, or regulations made under them,

(a) are in force in respect of an aspect of the protection of the environment,

(b) apply to a federal work or undertaking, federal land or aboriginal land, and

(c) provide sufficient protection to the environment and human health,

the Governor in Council may make an order stating that opinion and, if such an order is made, regulations made under this Part relating to the same aspect do not apply to the federal work or undertaking, the federal land or the aboriginal land.

211. (1) For the purpose of making regulations, the Minister may require information from any person who carries on, or proposes to carry on, a federal work or undertaking or an activity on federal land or aboriginal land.

(2) The required information shall be information that will enable the Minister to determine any environmental effects that the work, undertaking or activity may have, and it may include

(a) plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity; and

(b) analyses, samples, evaluations, studies or other information relating to the environment that is or is likely to be affected by the work, undertaking or activity.

212. (1) If a substance is released into the environment in contravention of a regulation, or if there is a likelihood of such a release, a person described in subsection (2) shall, as soon as possible in the circumstances,

(a) subject to the regulations, notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person;

(b) take all reasonable measures consistent with the protection of the environment and public safety to prevent or eliminate any dangerous condition or minimize any danger to the environment or to human life or health that results from the release or may reasonably be expected to result if the substance is released; and

(c) make a reasonable effort to notify any members of the public who may be adversely affected by the release or likely release.

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

(a) owns or has the charge, management or control of the substance immediately before its release or its likely release into the environment; or

(b) causes or contributes to the release or increases the likelihood of the release.

(3) A person, other than a person described in subsection (2), shall, as soon as possible in the circumstances, report a release of a substance to an enforcement officer or to a person designated by the regulations if their property is affected by the release and they know that the substance has been released in contravention of a regulation.

(4) Where measures required by subsection (1) are not taken, an enforcement officer may take them, have them taken or direct a person described in subsection (2) to take them.

(5) If the direction to the person described in subsection (2) is inconsistent with a requirement imposed by or under any other Act of Parliament, it is void to the extent of the inconsistency.

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

(7) A person 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 for 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.

213. (1) If a person knows about a release or likely release of a substance into the environment in contravention of a regulation but the person is not required to report the matter under this Act, the person may report any information about the release or likely release to an enforcement officer or to a person designated by the regulations.

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

(3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request 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.

214. (1) The costs and expenses related to taking any measures under subsection 212(4) may be recovered by Her Majesty in right of Canada from

(a) any person referred to in paragraph 212(2)(a); and

(b) any person referred to in paragraph 212(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the release.

(2) The costs and expenses may only be recovered to the extent that they have been reasonably incurred in the circumstances.

(3) Persons from whom the costs and expenses may be recovered are jointly and severally liable or solidarily liable for them. However, a person mentioned in paragraph 212(2)(b) is not liable to an extent greater than the extent of their negligence or wilful conduct in causing or contributing to the release.

(4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

215. (1) A claim under section 214 may be recovered with costs in any court of competent jurisdiction.

(2) Where events giving rise to the claim occur, no proceedings in respect of the claim may be instituted more than five years after the date on which the events occur or the Minister becomes aware of them, whichever is later.

(3) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under section 214 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.