Environmental Protection Act
Under Section 169(1) of CEPA, where there is or is a likelihood of a release of a substance into the air in contravention of regulations made by the Governor in Council on international air pollution, persons referred to in Section 169(2) of CEPA must:
- notify an enforcement officer or any other person designated pursuant to the regulations, providing a written report on the matter;
- take all reasonable measures consistent with the protection of the environment and public safety to prevent the release or, if it cannot be prevented, to remedy any dangerous condition or reduce or mitigate any danger to the environment or to human life or health that results from the release of the substance or may reasonably be expected to result if the substance is released; and
- make a reasonable effort to notify any member of the public who may be adversely affected by the release or likely release.
Section 169(2) of CEPA states that §169(1) applies to any person who:
- owns or has charge of the substance immediately before its release or likely release into the air; or
- causes or contributes to the release or increases the likelihood of the release.
Costs and expenses may be recovered from persons referred to in paragraph Section 169(2)(a), as well as persons referred to in Section 169(2)(b) to the extent of their negligence in causing or contributing to the release.
Section 169(3) of CEPA states that where a substance is released as described in Section 169(1), persons other than those described in Section 169(2), whose property is affected by the release, must report the matter to an enforcement officer or any person designated by regulation.
For similar provisions in relation to:
- international water pollution, see Section 179(1)–(3);
- the release of toxic substances, see Section 95(1)-(3);
- environmental emergencies, see Section 201(1)-(3) and Section 205(3)(b);
- release of substances, see Section 212(1)–(3); and
- environmental protection compliance orders, see Section 235(1)–(3).
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Environmental Protection Act
The Canadian Environmental Protection Act, 1999 (‘CEPA‘) regulates the protection of the environment and human health and outlines, among other things, processes to assess risks posed by substances in commerce, timeframes for managing toxic substances, as well as provisions to regulate vehicle, engine, and equipment emissions.
The Government of Canada has published Guidelines on Understanding CEPA, as well as an Overview of CEPA.
Last Updated: July 30, 2019
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