PART 7Controlling Pollution and Managing Wastes (continued)
DIVISION 7International Water Pollution (continued)
Marginal note:Recovery of reasonable costs and expenses by Her Majesty
180 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 179(5) from
(a) any person referred to in paragraph 179(2)(a); and
(b) any person referred to in paragraph 179(2)(b) to the extent of the person’s negligence in causing or contributing to the release.
Marginal note:Only if reasonably incurred
(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 179(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person’s negligence in causing or contributing to the release.
(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.
Marginal note:Recourse or indemnity
(6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.
Marginal note:Limitation period
(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.
Marginal note:Minister’s certificate
(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.
181 No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 177.
Marginal note:Plans and specifications
182 (1) If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, water pollution, the person shall, at the request of the Minister for the purposes of this Division and within the time that the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity and with analyses, samples, evaluations, studies, mitigation methodologies or other information relating to the substance.
Marginal note:Obtaining information from government
(2) Before making a request to a person under subsection (1), the Minister shall try to obtain, within a reasonable time, the samples or information from the government responsible for the area in which the person is situated.
Marginal note:Interim order
183 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 177 if the Minister believes
(a) that the substance or source referred to in subsection 176(1) is not adequately regulated; and
(b) that immediate action is required to deal with a significant danger to the environment or to human life or health.
Marginal note:Effective date of order
(2) An interim order has effect from the time it is made.
Marginal note:Approval of Governor in Council
(3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.
(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.
Marginal note:Ministerial action
(5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 176 in order to address the significant danger that gave rise to the interim order.
Marginal note:Contravention of unpublished order
(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.
Marginal note:Cessation of effect
(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 is made in accordance with subsection (5), and
(c) two years after the order is made.
Marginal note:Revocation of interim order
(8) No action is required to be taken under subsection (5) if the interim order is repealed.
Marginal note:Report to Parliament
184 The Minister shall include in the annual report required by section 342 a report on the administration of this Division.
DIVISION 8Control of Movement of Hazardous Waste and Hazardous Recyclable Material and of Prescribed Non-hazardous Waste for Final Disposal
Marginal note:Import, export and transit
185 (1) No person shall import, export or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except
(a) after notifying the Minister and paying the prescribed fee;
(b) after receiving from the Minister whichever one of the following permits is applicable:
(i) an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or
(ii) a transit permit that states that the Minister has authorized the movement; and
(c) in accordance with the prescribed conditions.
Marginal note:Refusal to issue permit
(2) If the Minister is of the opinion that the waste or material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse, in accordance with the criteria set out in the regulations, to issue a permit even if the relevant authorities have given their authorization.
Marginal note:Consultation with governments
(3) Before refusing under subsection (2) to issue a permit to import, the Minister shall consult with the government of the jurisdiction of destination.
Marginal note:Special circumstances to issue permits
(4) Where the Minister is of the opinion that the waste or material will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may issue a permit if the relevant authorities inform the Minister that they lack the legal authority to authorize the movement, final disposal or recycling but are not opposed to it.
Marginal note:Prohibitions — import, export and transit
186 (1) For the purpose of implementing international agreements respecting the environment, the Minister may, with the approval of the Governor in Council and taking into account Canada’s international obligations, prohibit, completely or partially and under any conditions that may be prescribed, the import, export or transit of waste or material referred to in subsection 185(1).
Marginal note:Prohibition of abandonment
(2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of import, export or transit.
187 After the Minister receives a notification of the proposed import, export or transit of a waste or material referred to in paragraph 185(1)(a), the Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, the name or specifications of the waste or material and
(a) in the case of a proposed import, the name of the jurisdiction of origin and the name of the importer;
(b) in the case of a proposed export, the name of the jurisdiction of destination and the name of the exporter; and
(c) in the case of a proposed transit, the names of the jurisdictions of origin and of destination and the name of the conveyor.
Marginal note:Reduction of export for final disposal
188 (1) For the purpose of reducing or phasing out the export of hazardous waste or prescribed non-hazardous waste for final disposal, the Minister may require an exporter, or a class of exporters, of hazardous waste to
(a) submit to the Minister, at the same time as the notification referred to in paragraph 185(1)(a) and at any other prescribed time, a plan in accordance with the regulations; and
(b) implement that plan.
Marginal note:Declaration of implementation
(2) Every person who is required to implement a plan under paragraph (1)(b) shall file with the Minister, within 30 days after the completion of each stage of the plan, a written declaration that the implementation has been completed.
(3) The Minister may refuse to issue a permit to an exporter who does not comply with subsection (1) or (2).
Marginal note:Movement within Canada
189 (1) No person shall undertake movement within Canada of hazardous waste or hazardous recyclable material otherwise than in accordance with this Division and the regulations and unless the person pays the prescribed fee.
(2) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, information derived from documents received under regulations made for the purpose of this section.
Marginal note:Permits based on equivalent environmental safety level
190 (1) The Minister may issue a permit authorizing, subject to conditions fixed by the Minister, any activity to be conducted in a manner that does not comply with this Division if the Minister is satisfied that
(a) the manner in which the activity will be conducted provides a level of environmental safety at least equivalent to that provided by compliance with this Division; and
(b) in the case of the importation, exportation or transit of a waste or material referred to in subsection 185(1), the activity is consistent with international environmental agreements binding on Canada.
Marginal note:Scope of permit
(2) The permit may authorize the activity in terms of the persons who may conduct the activity and in terms of the waste and material that it may involve.
Marginal note:Revocation of permit
(3) The Minister may revoke the permit if
(a) the Minister is of the opinion that paragraph (1)(a) or (b) no longer applies;
(b) the regulations have been amended and address the activity authorized by the permit; or
(c) the permit holder does not comply with the conditions of the permit.
(4) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, a copy of each permit issued under this section.
191 The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Division, including regulations
(a) defining, for the purposes of this Division and Part 10, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to those definitions;
(b) respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division;
(c) establishing criteria for the purpose of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party;
(d) for establishing a classification system for waste and material;
(e) respecting information and documents to be provided to the Minister;
(f) respecting conditions governing the import, export, transit and movement within Canada of waste and material;
(g) respecting plans referred to in subsection 188(1), taking into account
(i) the benefit of using the nearest appropriate disposal facility, and
(ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters; and
(h) prescribing anything that by this Division is to be prescribed.
192 The Minister may establish forms for the purposes of this Division.
PART 8Environmental Matters Related to Emergencies
193 The definitions in this section apply in this Part.
- environmental emergency
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. (urgence environnementale)
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. (substance)
- 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.
- Date modified: