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

Marginal note:Interim order

• 183. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 177 if the Minister believes

  • (a) that the substance or source referred to in subsection 176(1) is not adequately regulated; and

  • (b) that immediate action is required to deal with a significant danger to the environment or to human life or health.

• Marginal note:Effective date of order

  (2) An interim order has effect from the time it is made.

• Marginal note:Approval of Governor in Council

  (3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.

• Marginal note:Consultation

  (4) The Governor in Council shall not approve an interim order unless the Minister has

  • (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and

  • (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

• Marginal note:Ministerial action

  (5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 176 in order to address the significant danger that gave rise to the interim order.

• Marginal note:Contravention of unpublished order

  (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order.

• Marginal note:Cessation of effect

  (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

  • (a) the day it is repealed,

  • (b) the day a regulation is made in accordance with subsection (5), and

  • (c) two years after the order is made.

• Marginal note:Revocation of interim order

  (8) No action is required to be taken under subsection (5) if the interim order is repealed.

Marginal note:Report to Parliament

184. The Minister shall include in the annual report required by section 342 a report on the administration of this Division.

Marginal note:Import, export and transit

• 185. (1) No person shall import, export or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except

  • (a) after notifying the Minister and paying the prescribed fee;

  • (b) after receiving from the Minister whichever one of the following permits is applicable:

    • (i) an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or

    • (ii) a transit permit that states that the Minister has authorized the movement; and

  • (c) in accordance with the prescribed conditions.

• Marginal note:Refusal to issue permit

  (2) If the Minister is of the opinion that the waste or material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse, in accordance with the criteria set out in the regulations, to issue a permit even if the relevant authorities have given their authorization.

• Marginal note:Consultation with governments

  (3) Before refusing under subsection (2) to issue a permit to import, the Minister shall consult with the government of the jurisdiction of destination.

• Marginal note:Special circumstances to issue permits

  (4) Where the Minister is of the opinion that the waste or material will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may issue a permit if the relevant authorities inform the Minister that they lack the legal authority to authorize the movement, final disposal or recycling but are not opposed to it.