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The Act: Table of Contents: Table of Provisions
TABLE OF PROVISIONS
AN ACT RESPECTING POLLUTION PREVENTION AND THE PROTECTION OF THE ENVIRONMENT AND HUMAN HEALTH IN ORDER TO CONTRIBUTE TO SUSTAINABLE DEVELOPMENT.
SHORT TITLE
ADMINISTRATIVE DUTIES
- 2. Duties of the Government of Canada
INTERPRETATION
- 3. Definitions
- 4. Aboriginal rights
HER MAJESTY
- 5. Binding on Her Majesty
PART 1
ADMINISTRATION
- Advisory Committees
- 6. National Advisory Committee
- 7. Ministerial advisory committees
- 8. Report of various committees
- Agreements Respecting Administration
- 9. Negotiation of agreement
- Agreements Respecting Equivalent Provisions
- 10. Non-application of regulations
PART 2
PUBLIC PARTICIPATION
- Interpretation
- 11. Definition of "environmental protection action"
- Environmental Registry
- 12. Establishment of Environmental Registry
- 13. Contents of Environmental Registry
- 14. Protection from civil proceeding or prosecution
- Rights under Other Parts
- Voluntary Reports
- Investigation of Offences
- 17. Application for investigation by Minister
- 18. Investigation by Minister
- 19. Progress reports
- 20. Minister may send evidence to Attorney General of Canada
- 21. Discontinuation of investigation
- Environmental Protection Action
- 22. Circumstances when an individual may bring an action
- 23. Limitation period of two years
- 24. No action for remedial conduct
- 25. Exception
- 26. Notice of the action
- 27. Attorney General to be served
- 28. Other participants
- 29. Burden of proof
- 30. Defences
- 31. Undertakings to pay damages
- 32. Stay or dismissal
- 33. Remedies
- 34. Orders to negotiate plans
- 35. Restriction on orders to negotiate plans
- 36. Settlement or discontinuance
- 37. Settlements and orders
- 38. Costs
- Action to Prevent or Compensate Loss
- 39. Injunction
- 40. Civil cause of action
- Other Matters
- 41. Evidence of offence
- 42. Civil remedies not affected
PART 3
INFORMATION GATHERING, OBJECTIVES, GUIDELINES AND CODES OF PRACTICE
- Interpretation
- Environmental Data and Research
- 44. Monitoring, research and publication
- 45. Role of Minister of Health
- Information Gathering
- 46. Notice requiring information
- 47. Guidelines
- 48. National inventory
- 49. Publication in whole or in part
- 50. Publication of inventory
- 51. Request for confidentiality
- 52. Reasons
- 53. Additional justification
- Objectives, Guidelines and Codes of Practice
- 54. Formulation by the Minister
- 55. Formulation by the Minister of Health
PART 4
POLLUTION PREVENTION
- Pollution Prevention Plans
- 56. Requirement for pollution prevention plans
- 57. Plan prepared or implemented for another purpose
- 58. Declaration of preparation
- 59. Requirement to keep plan
- 60. Requirement to submit certain plans
- Model Plans and Guidelines
- 61. Model plans
- 62. Guidelines
- Other Initiatives
- 63. Information clearing-house
PART 5
CONTROLLING TOXIC SUBSTANCES
- Interpretation
- 64. Toxic substances
- 65. Definition of "virtual elimination"
- 65.1 Definition of "level of quantification"
- General
- 66. Domestic Substances List
- 67. Regulation of criteria
- 68. Research, investigation and evaluation
- 69. Formulation of guidelines by the Ministers
- Information Gathering
- 70. Notice to the Minister
- 71. Notice requiring information, samples or testing
- 72. Exercise of power under paragraph 71(1)(c)
- Priority Substances and Other Substances
- 73. Categorization of substances on Domestic Substances List
- 74. Screening level risk assessment
- 75. Definition of "jurisdiction"
- 76. Priority Substances List
- 76.1 Weight of evidence and precautionary principle
- 77. Publication after assessment
- 78. Notice of objection
- 79. Plans required for virtual elimination
- Substances and Activities New to Canada
- 80. Definitions
- 81. Manufacture or import of substances
- 82. Prohibition of activity
- 83. Assessment of information
- 84. Action to be taken after assessment
- 85. Significant new activity
- 86. Notification of persons required to comply
- 87. Amendment of Lists
- 88. Publication of masked name
- 89. Regulations
- Regulation of Toxic Substances
- 90. Addition to List of Toxic Substances
- 91. Publication of proposed regulation or instrument
- 92. Publication of preventive or control actions
- 92.1 Regulations
- 93. Regulations
- 94. Interim orders
- Release of Toxic Substances
- 95. Report and remedial measures
- 96. Voluntary report
- 97. Regulations
- 98. Recovery of reasonable costs and expenses by Her Majesty
- 99. Remedial measures
- Export of Substances
- 100. Export Control List
- 101. Notice to Minister
- 102. Regulations respecting exports
- 103. Publication of exports
PART 6
ANIMATE PRODUCTS OF BIOTECHNOLOGY
- 104. Definitions
- 105. Adding living organisms to Domestic Substances List
- 106. Manufacture or import of living organisms
- 107. Prohibition of activity
- 108. Assessment of information
- 109. Action to be taken after assessment
- 110. Significant new activity
- 111. Notification of persons required to comply
- 112. Amendment of List
- 113. Publication of masked name
- 114. Regulations
- 115. Other regulations
PART 7
CONTROLLING POLLUTION AND MANAGING WASTES
- Division 1
Nutrients
- 116. Definitions
- 117. Prohibition
- 118. Regulations
- 119. Remedial measures
- Division 2
Protection of the Marine Environment from Land-based Sources of Pollution
- 120. Definitions
- 121. Objectives, guidelines and codes of practice
- Division 3
Disposal at Sea
- Interpretation
- Purpose
- Prohibitions
- 123. Imports for disposal in waters under Canadian jurisdiction
- 124. Loading in Canada for disposal at sea
- 125. Disposal in waters under Canadian jurisdiction
- 126. Incineration
- Permits
- 127. Minister may issue permit
- 128. Exception
- 129. Conditions of permit
- Exception for Safety Reasons
- 130. Exception
- 131. Fisheries Act not applicable
- Site Monitoring
- Publication
- 133. Publication in the Canada Gazette
- Notice of Objection
- Regulations
- Costs and Expenses of the Crown
- 136. Costs and expenses recoverable
- Service of Documents
- Division 4
Fuels
- Interpretation
- General Requirements for Fuels
- 139. Prohibition
- 140. Regulations
- National Fuels Marks
- 141. Nature of mark
- 142. Prohibition
- 143. Requirements for use
- 144. Cross-boundary shipments
- 145. Regulations
- 146. Variations in fuels
- Temporary Waivers
- Remedial Measures
- Division 5
Vehicle, Engine and Equipment Emissions
- Interpretation
- National Emissions Marks
- 150. Nature of marks
- 151. Use of marks
- 152. Transportation within Canada
- Vehicle, Engine and Equipment Standards
- 153. Compliance by companies
- 154. Compliance on importation
- 155. Exceptions for certain importations
- Vehicle or Engine Exemptions
- 156. Exemption from standards
- Notice of Defects
- 157. Obligation to give notice
- Research and Testing
- 158. Powers of Minister
- 159. Emission control tests
- Regulations
- 160. Regulations
- 161. Definition of "technical standards document"
- 162. Emission credits
- 163. Interim order
- Evidence
- 164. Evidence
- 165. Evidence
- Division 6
International Air Pollution
- 166. Determination of international air pollution
- 167. Regulations
- 168. Notice to other country
- 169. Report and remedial measures
- 170. Recovery of reasonable costs and expenses by Her Majesty
- 171. Prohibition
- 172. Plans and specifications
- 173. Interim order
- 174. Report to Parliament
- Division 7
International Water Pollution
- 175. Definition of "water pollution"
- 176. Determination of international water pollution
- 177. Regulations
- 178. Notice to other country
- 179. Report and remedial measures
- 180. Recovery of reasonable costs and expenses by Her Majesty
- 181. Prohibition
- 182. Plans and specifications
- 183. Interim order
- 184. Report to Parliament
- Division 8
Control of Movement of Hazardous Waste and Hazardous Recyclable Material and of Prescribed Non-hazardous Waste for Final Disposal
- 185. Import, export and transit
- 186. Prohibitions - import, export and transit
- 187. Publication
- 188. Reduction of export for final disposal
- 189. Movement within Canada
- 190. Permits based on equivalent environmental safety level
- 191. Regulations
- 192. Forms
PART 8
ENVIRONMENTAL MATTERS RELATED TO EMERGENCIES
- 193. Definitions
- 194. Application
- 195. Research
- 196. Guidelines and codes of practice
- 197. Consultation
- 198. Publication of guidelines and codes of practice
- 199. Requirements for environmental emergency plans
- 200. Regulations
- 200.1 Interim Orders
- 201. Remedial measures
- 202. Voluntary report
- 203. Recovery of costs and expenses
- 204. National notification and reporting system
- 205. Liability of owner of substance
PART 9
GOVERNMENT OPERATIONS AND FEDERAL AND ABORIGINAL LAND
- Interpretation
- 206. Definition of "regulations"
- Application
- 207. Application to Government, etc.
- Objectives, Guidelines and Codes of Practice
- 208. Minister shall establish
- Regulations
- 209. Regulations for the protection of the environment
- 210. Non-application of regulations
- Information about Works and Activities
- 211. Minister may require information
- Release of Substances
- 212. Report and remedial measures
- 213. Voluntary report
- 214. Recovery of costs and expenses
- 215. Court and costs
PART 10
ENFORCEMENT
- Interpretation
- 216. Definitions
- 216.1 Definition of "ship that is not a Canadian ship"
- Designation of Enforcement Officers and Analysts
- Inspection
- 218. Inspection
- 219. Production of documents and samples
- Search
- 220. Authority to issue warrant for search and seizure
- 221. Custody
- 222. Redelivery on deposit of security
- Arrest Without Warrant
- 222.1 Arrest without warrant
- Detention
- 223. Seizure
- 224. Application to extend period of detention
- Detention of Ships
- Direction of Ships
- 225.1 Power to direct ship
- Assistance to Enforcement Officers and Analysts
- 226. Right of passage
- 227. Assistance
- 228. Obstruction
- Forfeiture
- 229. Forfeiture on consent
- 230. Forfeiture by order of court
- 231. Court may order forfeiture
- 232. Disposal of forfeited ship, aircraft, etc.
- 233. Application by person claiming interest
- Environmental Protection Compliance Orders
- 234. Definition of "order"
- 235. Order
- 236. Exigent circumstances
- 237. Notice of intent
- 238. Compliance with the order
- 239. Intervention by enforcement officer
- 240. Recovery of reasonable costs and expenses by Her Majesty
- 241. Variation or cancellation of order
- 242. Regulations
- Review Officers
- 243. Roster of review officers
- 244. Chief Review Officer
- 245. Term of members
- 246. Publication in Canada Gazette
- 247. Knowledge
- 248. Other employment
- 249. Remuneration and fees
- 250. Acting after expiry of term
- 251. Secretary and other staff
- 252. Government services and facilities
- 253. Immunity
- 254. Crown not relieved
- 255. Liability
- Reviews
- 256. Request for review
- 257. Review
- 258. No automatic stay on appeal
- 259. Right to appear
- 260. Powers
- 261. Enforcement of summonses and orders
- 262. Procedure
- 263. Powers of review officer
- 264. Variation or cancellation of review officer's decision
- 265. Limitations on exercise of review officer's powers
- 266. Decision of review officer
- 267. Rules
- 268. Orders and notices
- Federal Court
- 269. Appeal to Federal Court
- 270. Standing on appeal to Federal Court
- 271. Order not suspended
- Acts Committed Outside Canada
- 271.1 Offences under this Act deemed committed in Canada
- Offences and Punishment
- 272. Contravention of the Act, the regulations or agreements
- 273. False or misleading information, etc.
- 274. Damage to environment and risk of death or harm to persons
- 275. Limitation period
- 275.1 When consent of Attorney General of Canada required
- 276. Continuing offence
- 277. Construction of subsection 389(5) of Canada Shipping Act
- 278. Regulations
- 278.1 Jurisdiction of justices and judges
- 279. Jurisdiction of court
- 280. Liability of directors, officers and agents
- 280.1 Duties of directors and officers
- 280.2 Duties of masters and chief engineers
- 280.3 Duties of owner
- 280.4 For greater certainty
- 280.5 Directions
- 281. Identifying owner, master, etc.
- 281.1 Proceedings against ships
- 282. Proof of offence
- 283. Defence
- 284. Importing substances by analysts
- 285. Certificate of analyst
- 286. Safety marks and prescribed documents
- Sentencing Criteria
- 287. Sentencing considerations
- Discharge
- 288. Absolute or conditional discharge
- 289. Suspended sentence
- 290. Additional fine
- 291. Orders of court
- 292. Compensation for loss of property
- 293. Variation of sanctions
- 294. Subsequent applications with leave
- Environmental Protection Alternative Measures
- 295. Definitions
- 296. When measures may be used
- 297. Sentencing considerations
- 298. Nature of measures contained in agreement
- 299. Duration of agreement
- 300. Filing in court for the purpose of public access
- 301. Filing in Environmental Registry
- 302. Stay and recommencement of proceedings
- 303. Application to vary agreement
- 304. Records of persons
- 305. Records of police forces and investigative bodies
- 306. Government records
- 307. Disclosure of records
- 308. Agreements respecting exchange of information
- 309. Regulations
- Contraventions
- Other Remedies
- Defence
PART 11
MISCELLANEOUS MATTERS
- Disclosure of Information
- 313. Request for confidentiality
- 314. Prohibition of disclosure
- 315. Disclosure by Minister for public interest
- 316. Certain purposes for which information may be disclosed
- 317. Disclosure by Minister
- 318. Hazardous Materials Information Review Act
- 319. Regulations
- 320. Non-disclosure by Minister of National Defence
- 321. Security requirements for disclosure
- Economic Instruments
- 322. Guidelines, programs and other measures
- 323. Consultation
- 324. Publication of guidelines and programs
- 325. Regulations for systems relating to deposits and refunds
- 326. Regulations for tradeable units systems
- 327. Ministerial orders
- Regulations Respecting Fees and Charges
- 328. Services and facilities
- 329. Consultation
- General Regulation-making Powers and Exemptions
- 330. Exercise of regulation-making power
- 331. Exemption from Statutory Instruments Act
- Prepublication Requirements
- 332. Publication of proposed orders and regulations
- Board of Review Proceedings
- 333. Establishment of board of review
- 334. Number of members of board
- 335. Appearance before board
- 336. Withdrawal of notice of objection
- 337. Powers of board
- 338. Costs
- 339. Absent member of board
- 340. Report
- 341. Rules for boards of review
- Report to Parliament
- 342. Annual report
- 343. Permanent review of Act
PART 12
CONSEQUENTIAL AMENDMENTS, REPEAL, TRANSITIONAL PROVISION AND COMING INTO FORCE
- Consequential Amendments
- 344. Access to Information Act
- 345. Canada Shipping Act
- 346. Criminal Code
- 347. Food and Drugs Act
- 348-349. Manganese-based Fuel Additives Act
- 350-354. Motor Vehicle Safety Act
- Repeal
- Transitional
- Coming into Force
SCHEDULES 1 TO 6
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