Canadian Environmental Protection Act, 1999

Marginal note:Non-application of regulations

• 10 (1) Except with respect to Her Majesty in right of Canada, the provisions of a regulation made under subsection 93(1), 200(1) or 209(1) or (2) do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

• Marginal note:Non-application of regulations

  (2) Except with respect to a federal source, the provisions of a regulation made under section 167 or 177 do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

• Marginal note:Declaration of equivalent provisions

  (3) Subject to subsections (4), (5) and (6), where the Minister and a government agree in writing that there are in force by or under the laws applicable to the jurisdiction of the government

  • (a) provisions that are equivalent in effect to a regulation made under a provision referred to in subsection (1) or (2), and

  • (b) provisions that are similar to sections 17 to 20 for the investigation of alleged offences under environmental legislation of that jurisdiction,

  the Governor in Council may, on the recommendation of the Minister, make an order declaring that the provisions of the regulation do not apply in an area under the jurisdiction of the government.

• Marginal note:Publication of agreements

  (4) The Minister shall publish any agreement referred to in subsection (3) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

• Marginal note:Comments or objections

  (5) Within 60 days after the publication of an agreement or notice of its availability under subsection (4), any person may file with the Minister comments or a notice of objection.

• Marginal note:Publication by Minister of results

  (6) After the end of the period of 60 days referred to in subsection (5), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with.

• Marginal note:Publication of final agreements

  (7) The Minister shall publish any agreement referred to in subsection (3) after it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

• Marginal note:Termination

  (8) An agreement made under subsection (3) may be terminated by either party giving the other at least three months notice.

• Marginal note:Revocation of order

  (9) The Governor in Council may, on the recommendation of the Minister, revoke an order made under subsection (3) if the agreement referred to in that subsection terminates or is terminated.

• Marginal note:Report to Parliament

  (10) The Minister shall include in the annual report required by section 342 a report on the administration of this section.