- (a) the process under subsection 76.1(1) in respect of the protection of the right to a healthy environment.
- (a) the principles to be considered in the administration of this Act, such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity, according to which it is important to meet the needs of the present generation without compromising the ability of future generations to meet their own needs;
- (b) research, studies or monitoring activities to support the protection of the right to a healthy environment referred to in paragraph 2(1)(a.2);
- (c) the relevant factors to be taken into account in interpreting and applying that right and in determining the reasonable limits to which it is subject, including social, health, scientific and economic factors; and
- (d) mechanisms to support the protection of that right.
Advisory Committees
Marginal note: National Advisory Committee
- 6 (1) For the purpose of enabling national action to be carried out and taking cooperative action in matters affecting the environment and for the purpose of avoiding duplication in regulatory activity among governments, the Minister shall establish a National Advisory Committee
- (a) to advise the Ministers on regulations proposed to be made under subsection 93(1);
- (b) to advise the Minister on a cooperative, coordinated intergovernmental approach for the management of toxic substances; and
- (c) to advise the Minister on other environmental matters that are of mutual interest to the Government of Canada and other governments and to which this Act relates.
- (a) one representative for each of the Ministers;
- (b) one representative of the government of each of the provinces; and
- (c) subject to subsection (3), not more than six representatives of aboriginal governments, to be selected on the following regional basis,
- (i) one representative for all aboriginal governments, except Inuit, in Newfoundland and Labrador, Prince Edward Island, Nova Scotia and New Brunswick,
- (ii) one representative for all aboriginal governments, except Inuit, in Quebec,
- (iii) one representative for all aboriginal governments, except Inuit, in Ontario,
- (iv) one representative for all aboriginal governments, except Inuit, in Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut,
- (v) one representative for all aboriginal governments, except Inuit, in British Columbia and Yukon, and
- (vi) one representative for all Inuit aboriginal governments.
- 1999, c. 33, s. 6
- 2002, c. 7, s. 124
- 2015, c. 3, s. 172
Marginal note: Ministerial advisory committees
- 7 (1) For the purpose of carrying out their duties under this Act, the Ministers or either Minister may
- (a) establish advisory committees to report to the Ministers or either Minister; and
- (b) specify the functions that the committees are to perform and the manner in which those functions are to be performed.
Marginal note: Report of various committees
8 The Minister shall include in the annual report required by section 342 a report of the activities of the Committee and of any committees established under paragraph 7(1)(a).
Agreements Respecting Administration
Marginal note: Negotiation of agreement
- 9 (1) The Minister may negotiate an agreement with a government or with an aboriginal people with respect to the administration of this Act.
- Marginal note: Publication of negotiated agreements (2) The Minister shall publish any agreement negotiated under subsection (1) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.
- Marginal note: Comments or objections (3) Within 60 days after the publication of an agreement or notice of its availability under subsection (2), any person may file with the Minister comments or a notice of objection.
- Marginal note: Publication by Minister of results (4) After the end of the period of 60 days referred to in subsection (3), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with.
- Marginal note: Entering into agreements (5) The Minister may, after publishing a report or notice under subsection (4),
- (a) with the approval of the Governor in Council, enter into an agreement with a government or an aboriginal people with respect to the administration of this Act; and
- (b) subject to any terms and conditions that the Governor in Council may specify in the approval, agree to amendments of the agreement.
Agreements Respecting Equivalent Provisions
Marginal note: Non-application of regulations
- 10 (1) Except with respect to Her Majesty in right of Canada, the provisions of a regulation made under subsection 93(1), 200(1) or 209(1) or (2) do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.
- Marginal note: Non-application of regulations (2) Except with respect to a federal source, the provisions of a regulation made under section 167 or 177 do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.
- Marginal note: Declaration of equivalent provisions (3) Subject to subsections (4), (5) and (6), where the Minister and a government agree in writing that there are in force by or under the laws applicable to the jurisdiction of the government
- (a) provisions that are equivalent to a regulation made under a provision referred to in subsection (1) or (2), and
- (b) provisions that are similar to sections 17 to 20 for the investigation of alleged offences under environmental legislation of that jurisdiction,
the Governor in Council may, on the recommendation of the Minister, make an order declaring that the provisions of the regulation do not apply in an area under the jurisdiction of the government.
PART 2 Public Participation
Interpretation
11 In this Part, means an action under section 22.
Environmental Registry
Marginal note: Establishment of Environmental Registry
12 The Minister shall establish a registry, to be called the Environmental Registry, for the purpose of facilitating access to documents relating to matters under this Act.
Marginal note: Contents of Environmental Registry
- 13 (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Ministers or either Minister under this Act, and shall also include, subject to the Access to Information Act and the Privacy Act ,
- (a) notices of objection and of any approval granted under this Act;
- (b) a copy of every policy and of every proposed regulation or order made under this Act; and
- (c) copies of documents submitted to a court by the Minister relating to any environmental protection action.
- 1999, c. 33, s. 13
- 2023, c. 12, s. 5.1
Marginal note: Protection from civil proceeding or prosecution
- 14 (1) Despite any other Act of Parliament, no civil or criminal proceedings may be brought against any person mentioned in subsection (2) for the full or partial disclosure in good faith of any notice or other document through the Environmental Registry or any consequences of its disclosure.
- Marginal note: Persons protected (2) The persons against whom the proceedings may not be brought are Her Majesty in right of Canada, the Minister and any person acting on behalf of or under the direction of the Minister.
Rights under Other Parts
Marginal note: Additional rights
15 The rights conferred by this Part are in addition to the right to request, under section 76, that a substance be assessed, the right to file a notice of objection under Parts 1, 7 and 11 and the right to request under Parts 7 and 11 that a board of review be established under section 333.
- 1999, c. 33, s. 15
- 2023, c. 12, s. 6
