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

Marginal note:Voluntary report

• 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:Request for confidentiality

  (2) The person making the report may request that their identity and any information that could reasonably reveal their identity not be released.

• Marginal note:Requirement of confidentiality

  (3) No person shall disclose, or have disclosed, the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the disclosure in writing.

• Marginal note:Employee protection

  (4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

  • (a) the employee has made a report under subsection (1);

  • (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or

  • (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act.

Marginal note:Recovery of costs and expenses

• 214. (1) The costs and expenses related to taking any measures under subsection 212(4) may be recovered by Her Majesty in right of Canada from

  • (a) any person referred to in paragraph 212(2)(a); and

  • (b) any person referred to in paragraph 212(2)(b) to the extent of their negligence or wilful conduct in causing or contributing to the release.

• Marginal note:Reasonably incurred

  (2) The costs and expenses may only be recovered to the extent that they have been reasonably incurred in the circumstances.

• Marginal note:Liability

  (3) Persons from whom the costs and expenses may be recovered are jointly and severally liable or solidarily liable for them. 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.

• Marginal note:Recourse or indemnity

  (4) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

Marginal note:Court and costs

• 215. (1) A claim under section 214 may be recovered with costs in any court of competent jurisdiction.

• Marginal note:Limitation period

  (2) Where events giving rise to the claim occur, no proceedings in respect of the claim may be instituted more than five years after the date on which the events occur or the Minister becomes aware of them, whichever is later.

• Marginal note:Minister’s certificate

  (3) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under section 214 came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.