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

Marginal note:Prohibition of disclosure

314 The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with any of sections 315 to 317.2.

Marginal note:Disclosure by Minister for public interest

• 315 (1) The Minister may disclose information, other than information in respect of which section 318 applies, where

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly outweighs in importance

    • (i) any material financial loss or prejudice to the competitive position of the person who provided the information or on whose behalf it was provided, and

    • (ii) any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

• Marginal note:Notice of disclosure

  (2) Subject to subsection (3), at least 24 hours before disclosing any information under subsection (1), the Minister shall give notice of the proposed disclosure to the person who provided the information or on whose behalf it was provided.

• Marginal note:Exception

  (3) Notice under subsection (2)

  • (a) is not required where the person to whom it is to be given cannot be found after reasonable efforts have been made to do so; or

  • (b) may be given later than the time required by that subsection where an emergency exists.

Marginal note:Certain purposes for which information may be disclosed

• 316 (1) Information may be disclosed

  • (a) with the written consent of the person who provided it or on whose behalf it was provided;

  • (b) as may be necessary for the purposes of the administration or enforcement of this Act;

  • (c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada or a board or agency of the Government of Canada, if

    • (i) the purpose of the agreement or arrangement is the administration or enforcement of a law, and

    • (ii) the government, international organization, institution, other minister, board or agency undertakes to keep the information confidential;

  • (d) under an agreement or arrangement between the Government of Canada and the government of a foreign state or an international organization, where the government or organization undertakes to keep the information confidential; or

  • (e) to a physician or prescribed medical professional who requests the information for the purpose of making a medical diagnosis of, or rendering medical treatment to, a person in an emergency.

• Marginal note:Disclosure by physician, etc.

  (2) A physician or prescribed medical professional to whom information is disclosed under paragraph (1)(e) shall not disclose the information except as may be necessary for the purposes referred to in that paragraph.

• Marginal note:Disclosure of personal information

  (3) Personal information as defined in section 3 of the Privacy Act may not be disclosed under paragraph (1)(b) or (c) unless

  • (a) the disclosure is in the interest of public health, public safety or the protection of the environment; and

  • (b) the public interest in the disclosure clearly outweighs in importance any damage to the privacy, reputation or human dignity of any individual that may result from the disclosure.

Marginal note:Disclosure by Minister

• 317 (1) The Minister may disclose information in respect of which a request for confidentiality has been made under section 313 where the Minister determines that the disclosure would not be prohibited under section 20 of the Access to Information Act.

• Marginal note:Application of certain provisions of Access to Information Act

  (2) Where the Minister intends to disclose information under subsection (1), sections 27, 28 and 44 of the Access to Information Act apply, with any modifications that the circumstances require, and, for that purpose, that information is deemed to be contained in a record that the Minister intends to disclose and any reference in those sections to the person who requested access shall be disregarded.

• Marginal note:Protection from civil proceeding or prosecution

  (3) Despite any other Act of Parliament, no civil or criminal proceedings lie against the Minister, or against any person acting on behalf of or under the direction of the Minister, and no proceedings lie against the Crown for the disclosure in good faith of any information under this Act, for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or any other provision of the Access to Information Act if reasonable care is taken to give the required notice.

Marginal note:Disclosure — substance

• 317.1 (1) The Minister may disclose the explicit chemical or biological name of a substance in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures:

  • (a) to permit, under paragraph 84(1)(a), the manufacture or importation of the substance, subject to any conditions that are specified;

  • (b) to prohibit the manufacture or importation of the substance under paragraph 84(1)(b);

  • (c) to publish, in respect of the substance, a notice under subsection 85(1) or (4); or

  • (d) to amend the Domestic Substances List in respect of the substance under subsection 87(3) or (4.1).

• Marginal note:Disclosure — living organism

  (2) The Minister may disclose the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures:

  • (a) to permit, under paragraph 109(1)(a), the manufacture or importation of the living organism, subject to any conditions that are specified;

  • (b) to prohibit the manufacture or importation of the living organism under paragraph 109(1)(b);

  • (c) to publish, in respect of the living organism, a notice under subsection 110(1) or (4); or

  • (d) to amend the Domestic Substances List in respect of the living organism under subsection 112(3) or (5).

• Marginal note:Disclosure — Ministers’ recommendation

  (3) The Minister shall disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Ministers recommend or have recommended to the Governor in Council the addition of the substance or the living organism to Part 1 or 2 of the list of toxic substances in Schedule 1 under subsection 90(1).

Marginal note:Disclosure after expiry

• 317.2 (1) The Minister may disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism after the expiry of a period of 10 years after the day on which a request for confidentiality under section 313 is made.

• Marginal note:Publication — notice of intent

  (2) The Minister shall publish a notice in the Canada Gazette of the Minister’s intention to disclose the explicit chemical or biological name under subsection (1) at least 60 days before the proposed disclosure.

• Marginal note:Comments

  (3) Within 60 days after the publication of the notice, the person who made the request for confidentiality or the person’s successor or assign may file with the Minister comments respecting

  • (a) whether the public interest in the disclosure of the name clearly outweighs in importance

    • (i) any material financial loss or prejudice to the competitive position of the person or the person’s successor or assign, and

    • (ii) any damage to the privacy, reputation or human dignity of any person that may result from the disclosure of that name; and

  • (b) whether the disclosure is prohibited under section 20 of the Access to Information Act.

• Marginal note:Notice of disclosure

  (4) At least 24 hours before disclosing the name under subsection (1), the Minister shall give notice of the proposed disclosure to the person who made the request for confidentiality or the person’s successor or assign. The notice is not required if the person to whom it is to be given cannot be found after reasonable efforts have been made to do so.

• Marginal note:Emergency

  (5) If an emergency exists, subsections (2) and (3) do not apply and the notice of disclosure required in subsection (4) may be given later than the time provided for in that subsection.

Marginal note:Report to Parliament

317.3 The Minister shall include in the annual report required by section 342 a report respecting the explicit chemical or biological names of substances and the explicit biological names of living organisms disclosed under section 317.1 or 317.2.

Marginal note:Hazardous Materials Information Review Act

318 Except as provided in sections 316 and 317, information in respect of which a request for confidentiality has been made under section 313 shall not be disclosed where

• (a) a claim for exemption has been filed in respect of the information under section 11 of the Hazardous Materials Information Review Act;

• (b) the information is exempt under section 19 of that Act from the requirement in respect of which the exemption is claimed; and

• (c) the person claiming the exemption has disclosed the contents of the claim to the Minister.

Marginal note:Regulations

319 The Governor in Council may make regulations prescribing

• (a) information that shall accompany a request made under section 313; and

• (b) medical professionals for the purposes of paragraph 316(1)(e).

Marginal note:Non-disclosure by Minister of National Defence

320 Despite any other provision of this Act, the Minister of National Defence may refuse to disclose under this Part any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

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.

Economic Instruments

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) compliance 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 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.

Marginal note:Regulations for compliance units systems

326 The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to compliance units, including regulations providing for, or imposing requirements respecting,

• (a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established;

• (b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system;

• (c) the description and nature of a compliance unit, including allowances, credits or coupons;

• (d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits;

• (e) the conditions related to the creation, distribution, trade, sale, use, variation or cancellation of a compliance unit;

• (f) the creation, operation and management of a public registry related to the system;

• (g) the conditions for the use of and participation in the system, including environmental or temporal limits;

• (h) reports and forms related to the system; and

• (i) the maintenance of books and records for the administration of any regulation made under this section.