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

Marginal note:Circumstances when an individual may bring an action

• 22. (1) An individual who has applied for an investigation may bring an environmental protection action if

  • (a) the Minister failed to conduct an investigation and report within a reasonable time; or

  • (b) the Minister’s response to the investigation was unreasonable.

• Marginal note:Nature of the action

  (2) The action may be brought in any court of competent jurisdiction against a person who committed an offence under this Act that

  • (a) was alleged in the application for the investigation; and

  • (b) caused significant harm to the environment.

• Marginal note:Relief that may be claimed

  (3) In the action, the individual may claim any or all of the following:

  • (a) a declaratory order;

  • (b) an order, including an interlocutory order, requiring the defendant to refrain from doing anything that, in the opinion of the court, may constitute an offence under this Act;

  • (c) an order, including an interlocutory order, requiring the defendant to do anything that, in the opinion of the court, may prevent the continuation of an offence under this Act;

  • (d) an order to the parties to negotiate a plan to correct or mitigate the harm to the environment or to human, animal or plant life or health, and to report to the court on the negotiations within a time set by the court; and

  • (e) any other appropriate relief, including the costs of the action, but not including damages.

Marginal note:Limitation period of two years

• 23. (1) An environmental protection action may be brought only within a limitation period of two years beginning when the plaintiff becomes aware of the conduct on which the action is based, or should have become aware of it.

• Marginal note:Time during investigation not included

  (2) The limitation period does not include any time following the plaintiff’s application for an investigation, but before the plaintiff receives a report under subsection 21(2).

Marginal note:No action for remedial conduct

24. An environmental protection action may not be brought if the alleged conduct

• (a) was taken

  • (i) to correct or mitigate harm or the risk of harm to the environment or to human, animal or plant life or health, or

  • (ii) to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization; and

• (b) was reasonable and consistent with public safety.