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Canadian Environmental Protection Act, 1999

Part 11
Miscellaneous Matters

Disclosure of Information

Request for confidentiality

313. (1) A person who provides information to the Minister under this Act, or to a board of review in respect of a notice of objection filed under this Act, may submit with the information a request that it be treated as confidential.

Contents of request

(2) A request under subsection (1) shall be submitted in writing and contain any supplementary information that may be prescribed.

Prohibition of disclosure

314. The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with section 315, 316 or 317.

Disclosure by Minister for public interest

315. (1) The Minister may disclose information, other than information in respect of which section 318 applies, where

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly 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.

Notice of disclosure

(2) Subject to subsection (3), at least 24 hours before disclosing any information under subsection (1), the Minister shall give notice of the proposed disclosure to the person who provided the information or on whose behalf it was provided.

Exception

(3) Notice under subsection (2)

  • (a) is not required where the person to whom it is to be given cannot be found after reasonable efforts have been made to do so; or

  • (b) may be given later than the time required by that subsection where an emergency exists.

Certain purposes for which information may be disclosed

316. (1) Information may be disclosed

  • (a) with the written consent of the person who provided it or on whose behalf it was provided;

  • (b) as may be necessary for the purposes of the administration or enforcement of this Act;

  • (c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, where

    • (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and

    • (ii) the government, international organization, institution or other minister undertakes to keep the information confidential;

  • (d) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, where the government or organization undertakes to keep the information confidential; or

  • (e) to a physician or prescribed medical professional who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

Disclosure by physician, etc.

(2) A physician or prescribed medical professional to whom information is disclosed under paragraph (1)(e) shall not disclose the information except as may be necessary for the purposes referred to in that paragraph.

Disclosure of personal information

(3) Personal information as defined in section 3 of the Privacy Act may not be disclosed under paragraph (1)(b) or (c) unless

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

Disclosure by Minister

317. (1) The Minister may disclose information in respect of which a request for confidentiality has been made under section 313 where the Minister determines that the disclosure would not be prohibited under section 20 of the Access to Information Act.

Application of certain provisions of Access to Information Act

(2) Where the Minister intends to disclose information under subsection (1), sections 27, 28 and 44 of the Access to Information Act apply, with any modifications that the circumstances require, and, for that purpose, that information is deemed to be contained in a record that the Minister intends to disclose and any reference in those sections to the person who requested access shall be disregarded.

Protection from civil proceeding or prosecution

(3) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or against any person acting on behalf of or under the direction of the Minister, and no proceedings lie against the Crown for the disclosure in good faith of any information under this Act, for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or any other provision of the Access to Information Act if reasonable care is taken to give the required notice.

Hazardous Materials Information Review Act

318. Except as provided in sections 316 and 317, information in respect of which a request for confidentiality has been made under section 313 shall not be disclosed where

  • (a) a claim for exemption has been filed in respect of the information under section 11 of the Hazardous Materials Information Review Act;

  • (b) the information is exempt under section 19 of that Act from the requirement in respect of which the exemption is claimed; and

  • (c) the person claiming the exemption has disclosed the contents of the claim to the Minister.

Regulations

319. The Governor in Council may make regulations prescribing

  • (a) information that shall accompany a request made under section 313; and

  • (b) medical professionals for the purposes of paragraph 316(1)(e).

Non-disclosure by Minister of National Defence

320. Despite any other provision of this Act, the Minister of National Defence may refuse to disclose under this Part any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

Security requirements for disclosure

321. Any person, except an enforcement officer or analyst, who receives, obtains or has access to information under this Act shall comply with any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of the information.

Economic Instruments

Guidelines, programs and other measures

322. The Minister may establish guidelines, programs and other measures for the development and use of economic instruments and market-based approaches to further the purposes of this Act, respecting systems relating to

  • (a) deposits and refunds; and

  • (b) tradeable units.

Consultation

323. (1) In carrying out the responsibilities conferred by section 322, 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 quality of the environment or the preservation and improvement of public health.

Minister may act

(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 322 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.

Publication of guidelines and programs

324. The Minister shall publish any guidelines, programs and other measures established under section 322, or shall give notice of their availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

Regulations for systems relating to deposits and refunds

325. The Governor in Council may, in the exercise of a regulation-making power under section 93, 118 or 209, make regulations respecting systems relating to deposits and refunds, including, but not limited to, regulations providing for, or imposing requirements respecting,

  • (a) deposits, including the amount of any deposit and the substance, product containing a substance or activity in relation to which a deposit is required, the conditions for the use of a deposit and the conditions for and manner of paying a deposit;

  • (b) the period during which a deposit may be held;

  • (c) refunds, including the amount of any refund and the substance, product containing a substance or activity in relation to which a refund may be granted and the conditions for and manner of paying a refund;

  • (d) the establishment of a fund for deposits, and the operation, management and administration of the fund;

  • (e) the designation of a person to administer the fund for deposits and the conditions for the designation;

  • (f) reports and forms related to deposits, refunds and the fund for deposits;

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

  • (h) the forfeiture of deposits, including unclaimed deposits and the conditions under which and the circumstances in which deposits may be forfeited.

Regulations for tradeable units systems

326. The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to tradeable units, including regulations providing for, or imposing requirements respecting,

  • (a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established;

  • (b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system;

  • (c) the description and nature of a tradeable unit, including allowances, credits or coupons;

  • (d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits;

  • (e) the conditions related to the creation, distribution, exchange, sale, use, variation or cancellation of a tradeable unit;

  • (f) the creation, operation and management of a public registry related to the system;

  • (g) the conditions for the use of and participation in the system, including environmental or temporal limits;

  • (h) reports and forms related to the system; and

  • (i) the maintenance of books and records for the administration of any regulation made under this section.

Ministerial orders

327. Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of tradeable units or invalidate any trade of tradeable units where the Ministers are of the opinion that the trade or use of a tradeable unit

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

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

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

Regulations Respecting Fees and Charges

Services and facilities

328. (1) Subject to subsection (2), the Minister may make regulations

  • (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for a service, the use of a facility or any right, privilege, process or approval;

  • (b) prescribing the persons or classes of persons by whom or on whose behalf the fees are to be paid and requiring the fees to be paid by those persons or classes of persons;

  • (c) exempting any person or class of persons from the requirement to pay any of those fees; and

  • (d) generally, in respect of any condition or any other matter in relation to the payment of fees for a service, facility, right, privilege, process or approval referred to in paragraph (a).

Appropriate Minister

(2) For the purpose of subsection (1), where the Minister or the Minister of Health or both Ministers have responsibility for a service, facility, right, privilege, process or approval referred to in paragraph (1)(a), that Minister or both Ministers, as the case may be, have the power to make the regulations under subsection (1) in relation to that service, facility, right, privilege, process or approval.

Amount not to exceed cost

(3) Fees for a service or the use of a facility that are prescribed by or under regulations made under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Amount

(4) Fees for processes or approvals that are prescribed by or under regulations made under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty for the purpose of providing the processes or approvals.

Consultation

329. The Minister making a regulation under section 328 shall do so after consulting with any persons or organizations that the Minister considers to be interested in the matter.

General Regulation-making Powers and Exemptions

Exercise of regulation-making power

330. (1) The Governor in Council may, in the exercise of any regulation-making power under this Act in respect of a substance, prescribe

  • (a) the minimum, average or maximum quantity or concentration of the substance; and

  • (b) the method of determining such a quantity or concentration.

Incorporation by reference

(2) For greater certainty, a regulation made under this Act incorporating by reference a standard, specification, guideline, method, procedure or practice may incorporate the standard, specification, guideline, method, procedure or practice as amended from time to time.

Application throughout Canada

(3) Except as provided in subsection (3.1), a regulation under this Act applies throughout Canada.

Limited geographical application

(3.1) A regulation made under section 93, 140, 167 or 177 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health.

Variation

(3.2) Regulations made under section 93, 140, 145, 167, 177 or 326 may distinguish among any class of persons, works, undertakings, activities or substances, including fuels, that they may establish on the basis of any factor, including

  • (a) quantities of releases;

  • (b) production capacity;

  • (c) technology or techniques used or manufacturing process;

  • (d) feedstocks used;

  • (e) in the case of works or undertakings, the date their operation commenced or the date on which any major alterations are completed;

  • (f) the substance or fuel’s source;

  • (g) the substance or fuel’s commercial designation;

  • (h) the substance or fuel’s physical or chemical properties; and

  • (i) the substance or fuel’s conditions of use or place or time of year of use.

Limitation of Part 7

(3.3) Nothing in Part 7 is to be construed so as to prevent the making of regulations under Part 5.

Manner of service

(4) The Minister may make regulations respecting the manner of providing or serving orders, copies of orders, notices or other documents that are to be provided under this Act.

1999, c. 33, s. 330; 2008, c. 31, s. 5.

Previous Version

Exemption from Statutory Instruments Act

331. An interim order made under section 94, 163, 173, 183 or 200.1

  • (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

  • (b) shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council.

1999, c. 33, s. 331; 2004, c. 15, s. 30.

Previous Version

Prepublication Requirements

Publication of proposed orders and regulations

332. (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1.

Notice of objection

(2) Within 60 days after the publication of a proposed order or regulation in the Canada Gazette under subsection (1) or a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette, any person may file with the Minister comments with respect to the order, regulation or instrument or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection.

Single publication required

(3) No order, regulation or instrument need be published more than once under subsection (1), whether or not it is altered after publication.

1999, c. 33, s. 332; 2004, c. 15, s. 31.

Previous Version

Board of Review Proceedings

Establishment of board of review

333. (1) Where a person files a notice of objection under subsection 77(8) or 332(2) in respect of

  • (a) a decision or a proposed order, regulation or instrument made by the Governor in Council, or

  • (b) a decision or a proposed order or instrument made by either or both Ministers,

the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision is made or the order, regulation or instrument is proposed.

Establishment of board of review

(2) Where a person files a notice of objection under subsection 9(3) or 10(5) in respect of an agreement or a term or condition of the agreement, the Minister may establish a board of review to inquire into the matter.

Mandatory review for international air and water

(3) Where a person or government files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under section 167 or 177 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the nature and extent of the danger posed by the release into the air or water of the substance in respect of which the regulations are proposed.

Mandatory reviews for certain regulations

(4) Where a person files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under Part 9 or section 118 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the matter raised by the notice.

Review for permits

(5) Where a person files with the Minister a notice of objection under section 134 within the time specified in that section, the Minister may establish a board of review to inquire into the matter raised by the notice.

Mandatory review for toxics

(6) Where a person files with the Minister a notice of objection under section 78 in respect of the failure to make a determination about whether a substance is toxic, the Minister shall establish a board of review to inquire into whether the substance is toxic or capable of becoming toxic.

Number of members of board

334. (1) A board of review shall consist of not fewer than three members.

Knowledge requirement

(2) A person is not eligible to be appointed as a member of a board of review unless the person is knowledgeable about the Canadian environment, environmental and human health or traditional aboriginal ecological knowledge.

Appearance before board

335. A board of review shall give any person or government a reasonable opportunity, consistent with the rules of procedural fairness and natural justice, of appearing before it, presenting evidence and making representations.

Withdrawal of notice of objection

336. Where a notice of objection referred to in section 333 is withdrawn by the person who filed it and no other notice of objection is filed in respect of the same matter, the Minister or Ministers may dissolve a board of review established in respect of the notice of objection.

Powers of board

337. For the purposes of an inquiry under this Act, a board of review has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

Costs

338. (1) A board of review may award costs of, and incidental to, any proceedings before it on a final or interim basis and those costs may be fixed at a sum certain or may be taxed.

Payment

(2) A board of review may, in accordance with the rules, direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.

Absent member of board

339. Where a member of a board of review is absent or unable to proceed with or complete an inquiry, the remaining members of the board may, if there is still a quorum, proceed with or complete the inquiry.

Report

340. (1) As soon as possible after the conclusion of an inquiry, a board of review shall submit a report to the Minister or the Ministers who established the board, together with its recommendations and the evidence that was presented to it.

Publication of report

(2) The report of the board of review shall be made public immediately after its receipt by the Minister or Ministers, subject to section 314 or the conditions of any other Act of Parliament.

Rules for boards of review

341. The Minister or the Ministers may, with respect to boards of review that the Minister or the Ministers establish, make rules of either particular or general application

  • (a) for regulating the proceedings of the boards;

  • (b) for regulating the conduct of hearings, including the presentation of evidence, the making of representations, the holding of hearings, the length of hearings and the date on or before which the boards shall report;

  • (c) fixing the remuneration of board members and the travel and living expenses to which they are entitled;

  • (d) prescribing the criteria to be considered by boards in directing interim or final costs to be paid, taxed and allowed and prescribing a scale under which costs are to be taxed; and

  • (e) generally, for regulating the conduct and work of the boards.

Report to Parliament

Annual report

342. (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report on the administration and enforcement of this Act for that year.

Research

(2) The Minister shall include in the annual report a report on the research conducted under the authority of this Act during the fiscal year being reported.

Permanent review of Act

343. (1) The administration of this Act shall, every five years after the coming into force of this Act, stand referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for that purpose.

Review and report

(2) The committee designated or established for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons, the Senate or both Houses of Parliament, as the case may be, may authorize, submit a report to Parliament thereon, including a statement of any changes to this Act or its administration that the committee would recommend.

 
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