Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note: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.

Marginal note: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.