(6) The Minister shall publish any agreement under subsection (5), or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Marginal note:Publication of preventive or control actions. 65 (1) In this Part, virtual elimination means, in respect of a toxic substance released into the environment as a result of human activity, the ultimate reduction of the quantity or concentration of the substance in the release below the level of quantification specified by the Ministers in the List referred to in subsection (2). (vi) the ability of the substance to cause reproductive or survival impairment of an organism. (1.1) No ship shall incinerate a substance on board the ship in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless, (a) the substance is waste generated on board the ship during normal operations; or. Marginal note:Permits for emergency disposal, (2) The Minister may, on application, issue a permit to dispose of or incinerate a substance if the Minister is of the opinion that, (a) the disposal or incineration of a certain quantity of the substance is necessary to avert an emergency that poses an unacceptable risk relating to the environment or to human health; and. (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. 64 For the purposes of this Part and Part 6, except where the expression “inherently toxic” appears, a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that. Permit issuance or renewal shall be subject to compliance with this requirement. (d) prescribed information relating to the fuel has been submitted to the Minister in the prescribed manner. (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. (4) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section. (a) in the opinion of the Ministers, the information is not needed in order to determine whether the substance is toxic or capable of becoming toxic; (b) the substance is to be used for a prescribed purpose or manufactured at a location where, in the opinion of the Ministers, the person requesting the waiver is able to contain the substance so as to satisfactorily protect the environment and human health; or. Marginal note:Vehicle from United States or Mexico. (b) the fuel is being used in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air. (iii) whether organisms are exposed to the substance via multiple pathways. Marginal note:Application of provisions re declarations and keeping plans. (4) A technical standards document is not a regulation for the purposes of the Statutory Instruments Act. (2) Anything referred to in subsection (1) that has been seized under section 220, or any security given to the Minister under subsection (1), shall be returned or paid to the person from whom the thing was seized within 30 days after the seizure unless, before the expiry of those 30 days, proceedings are instituted in respect of an offence under this Act alleged to have been committed by the owner of the thing. Marginal note:Weight of evidence and precautionary principle, 76.1 When the Ministers are conducting and interpreting the results of. (4) Where environmental protection alternative measures have been used to deal with a person alleged to have committed an offence, the court shall dismiss the charge laid against the person in respect of that offence where the court is satisfied on a balance of probabilities that the person has complied with the agreement. (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. 263 The review officer, after reviewing the order and after giving all persons who are subject to the order, and the Minister, reasonable notice orally or in writing of a hearing and allowing a reasonable opportunity in the circumstances for those persons and the Minister to make oral representations, may, (b) amend or suspend a term or condition of the order, or add a term or condition to, or delete a term or condition from, the order; or. Marginal note:Safety marks and prescribed documents. 225 (1) If an enforcement officer has reasonable grounds to believe that the owner or master of a ship has committed an offence under this Act and that a ship was used in connection with the commission of the offence, the enforcement officer may make a detention order in respect of the ship. Marginal note:Intervention by enforcement officer. (3) If a corporation commits an offence arising out of a contravention of Division 3 of Part 7, a regulation made under that Division or an order or direction of, or prohibition or requirement imposed by, the Minister, an enforcement officer or a review officer in connection with an obligation or prohibition under that Division or a regulation made under that Division, every director and officer of the corporation who directed or influenced the corporation’s policies or activities in respect of conduct that is the subject matter of the offence is a party to and guilty of the offence, and is liable to the penalty provided by this Act for an individual in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted or convicted. (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. Marginal note:Powers of enforcement officers. This inventory shall include, but not be limited to, transformers, capacitors, breakers, rectifiers and other electrical equipment containing oil, manufactured prior to 1980. (b) the purposes for which the living organism is manufactured or imported. Marginal note:Additional measures in relation to virtual elimination. 142 (1) No person shall use a national fuels mark except in accordance with this Division and the regulations. (3) No person shall use a national emissions mark except in accordance with this Division and the regulations. that a substance is toxic or capable of becoming toxic, the Minister may exercise any of the powers referred to in paragraphs 84(1)(a) to (c). (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. (b) allow a reasonable opportunity in the circumstances for every such person to make oral representations. (4) Where the Minister includes a substance on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were not met in respect of the substance, the Minister shall delete the substance from the List and may add it to the Non-domestic Substances List. 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. (c) the conditions under which and the circumstances in which the living organism is manufactured or imported. 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. (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. Marginal note:Security requirements for disclosure. (e) disposal on land, into the air and in water. 250 If a person who is engaged as a review officer in respect of any matter ceases to be a review officer before rendering a decision in respect of the matter, the person may, with the authorization of the Chief Review Officer, continue, during a period of not more than 180 days, to act as a review officer in respect of the matter. Nothing in this Agreement bars CEPA 1999 enforcement officers and analysts from conducting inspections or investigations that they are legally authorized to conduct. Marginal note:Absence, etc., of Chief Review Officer. (5) If there are no regulations made under subsection (4), the court shall require the person to remit or cancel tradeable units of a type and in the number that, in the court’s opinion, the person failed to remit or cancel. These pipelines are the large energy highways that deliver oil and natural gas across the country to where people need it, and into ports for export to the world. (a) the disposal of a substance at sea from a ship, an aircraft, a platform or another structure. (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. Despite the Criminal Code, if the ship does not so appear, a court may, on proof of service of the summons, proceed to hold the trial. (d) subject to subsection (4), be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading, disposal or incineration described in the application or in any other publication specified by the Minister. (6) Within one year after this subsection comes into force and every two years thereafter, a comprehensive review of the environmental and economic aspects of biofuel production in Canada should be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose. 114 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations. is deemed to have been made under this Act, and continues in force, subject to being amended or repealed under this Act. 223 (1) Whenever, during the course of an inspection or a search, an enforcement officer has reasonable grounds to believe that a provision of this Act or the regulations has been contravened, the enforcement officer may seize and detain anything, (a) by means of or in relation to which the enforcement officer reasonably believes the contravention occurred; or. Marginal note:Minister may send evidence to Attorney General of Canada. Marginal note:Substances regulated under other Acts of Parliament. 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. Marginal note:Functions of Chief Review Officer, (a) perform administrative functions related to the work of review officers, including assigning review officers to conduct review hearings; and. 206 In this Part, regulations means regulations made under this Part. Notwithstanding the above, reports relating to the administration of or compliance with this Agreement shall be accessible to the public in accordance with section 301 of CEPA 1999. (5) The use of environmental protection alternative measures in respect of a person who is alleged to have committed an offence is not a bar to any proceedings against the person under this Act.

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