Enviromental Protection Act.


Ontario Environmental Protection Act.



Interpretation

1. (1) In this Act,

“adverse effect” means one or more of,

(a) impairment of the quality of the natural environment for any use that can be made of it,

(b) injury or damage to property or to plant or animal life,

(c) harm or material discomfort to any person,

(d) an adverse effect on the health of any person,

(e) impairment of the safety of any person,

(f) rendering any property or plant or animal life unfit for human use,

(g) loss of enjoyment of normal use of property, and

(h) interference with the normal conduct of business; (“conséquence préjudiciable”)

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e19_e.htm







Canadian Environmental Protection Act, 1999.
Duties of the Government of Canada
(1) In the administration of this Act, the Government of Canada shall, having regard to the Constitution and laws of Canada and subject to subsection (1.1),
(a) exercise its powers in a manner that protects the environment and human health, applies the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation, and promotes and reinforces enforceable pollution prevention approaches;
(a.1) take preventive and remedial measures to protect, enhance and restore the environment;
(b) take the necessity of protecting the environment into account in making social and economic decisions;
(c) implement an ecosystem approach that considers the unique and fundamental characteristics of ecosystems;
(d) endeavour to act in cooperation with governments to protect the environment;
(e) encourage the participation of the people of Canada in the making of decisions that affect the environment;
(f) facilitate the protection of the environment by the people of Canada;
(g) establish nationally consistent standards of environmental quality;
(h) provide information to the people of Canada on the state of the Canadian environment;
(i) apply knowledge, including traditional aboriginal knowledge, science and technology, to identify and resolve environmental problems;
(j) protect the environment, including its biological diversity, and human health, from the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;
(j.1) protect the environment, including its biological diversity, and human health, by ensuring the safe and effective use of biotechnology;
(k) endeavour to act expeditiously and diligently to assess whether existing substances or those new to Canada are toxic or capable of becoming toxic and assess the risk that such substances pose to the environment and human life and health;
(l) endeavour to act with regard to the intent of intergovernmental agreements and arrangements entered into for the purpose of achieving the highest level of environmental quality throughout Canada;
(m) ensure, to the extent that is reasonably possible, that all areas of federal regulation for the protection of the environment and human health are addressed in a complementary manner in order to avoid duplication and to provide effective and comprehensive protection;
(n) endeavour to exercise its powers to require the provision of information in a coordinated manner; and
(o) apply and enforce this Act in a fair, predictable and consistent manner.


Canadian Environmental Protection Act, 1999
S.C. 1999, c. 33
Assented to 1999-09-14
An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development
Declaration
It is hereby declared that the protection of the environment is essential to the well-being of Canadians and that the primary purpose of this Act is to contribute to sustainable development through pollution prevention.
Preamble
Whereas the Government of Canada seeks to achieve sustainable development that is based on an ecologically efficient use of natural, social and economic resources and acknowledges the need to integrate environmental, economic and social factors in the making of all decisions by government and private entities;
Whereas the Government of Canada is committed to implementing pollution prevention as a national goal and as the priority approach to environmental protection;
Whereas the Government of Canada acknowledges the need to virtually eliminate the most persistent and bioaccumulative toxic substances and the need to control and manage pollutants and wastes if their release into the environment cannot be prevented;
Whereas the Government of Canada recognizes the importance of an ecosystem approach;
Whereas the Government of Canada will continue to demonstrate national leadership in establishing environmental standards, ecosystem objectives and environmental quality guidelines and codes of practice;
Whereas the Government of Canada is committed to implementing the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation;
Whereas the Government of Canada recognizes that all governments in Canada have authority that enables them to protect the environment and recognizes that all governments face environmental problems that can benefit from cooperative resolution;
Whereas the Government of Canada recognizes the importance of endeavouring, in cooperation with provinces, territories and aboriginal peoples, to achieve the highest level of environmental quality for all Canadians and ultimately contribute to sustainable development;
Whereas the Government of Canada recognizes that the risk of toxic substances in the environment is a matter of national concern and that toxic substances, once introduced into the environment, cannot always be contained within geographic boundaries;
Whereas the Government of Canada recognizes the integral role of science, as well as the role of traditional aboriginal knowledge, in the process of making decisions relating to the protection of the environment and human health and that environmental or health risks and social, economic and technical matters are to be considered in that process;
Whereas the Government of Canada recognizes the responsibility of users and producers in relation to toxic substances and pollutants and wastes, and has adopted the “polluter pays” principle;
Whereas the Government of Canada is committed to ensuring that its operations and activities on federal and aboriginal lands are carried out in a manner that is consistent with the principles of pollution prevention and the protection of the environment and human health;
Whereas the Government of Canada will endeavour to remove threats to biological diversity through pollution prevention, the control and management of the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes, and the virtual elimination of persistent and bioaccumulative toxic substances;
Whereas the Government of Canada recognizes the need to protect the environment, including its biological diversity, and human health, by ensuring the safe and effective use of biotechnology;
And whereas the Government of Canada must be able to fulfil its international obligations in respect of the environment;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short title
This Act may be cited as the Canadian Environmental Protection Act, 1999.
Duties of the Government of Canada
(1) In the administration of this Act, the Government of Canada shall, having regard to the Constitution and laws of Canada and subject to subsection (1.1),
(a) exercise its powers in a manner that protects the environment and human health, applies the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation, and promotes and reinforces enforceable pollution prevention approaches;
(a.1) take preventive and remedial measures to protect, enhance and restore the environment;
(b) take the necessity of protecting the environment into account in making social and economic decisions;
(c) implement an ecosystem approach that considers the unique and fundamental characteristics of ecosystems;
(d) endeavour to act in cooperation with governments to protect the environment;
(e) encourage the participation of the people of Canada in the making of decisions that affect the environment;
(f) facilitate the protection of the environment by the people of Canada;
(g) establish nationally consistent standards of environmental quality;
(h) provide information to the people of Canada on the state of the Canadian environment;
(i) apply knowledge, including traditional aboriginal knowledge, science and technology, to identify and resolve environmental problems;
(j) protect the environment, including its biological diversity, and human health, from the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;
(j.1) protect the environment, including its biological diversity, and human health, by ensuring the safe and effective use of biotechnology;
(k) endeavour to act expeditiously and diligently to assess whether existing substances or those new to Canada are toxic or capable of becoming toxic and assess the risk that such substances pose to the environment and human life and health;
(l) endeavour to act with regard to the intent of intergovernmental agreements and arrangements entered into for the purpose of achieving the highest level of environmental quality throughout Canada;
(m) ensure, to the extent that is reasonably possible, that all areas of federal regulation for the protection of the environment and human health are addressed in a complementary manner in order to avoid duplication and to provide effective and comprehensive protection;
(n) endeavour to exercise its powers to require the provision of information in a coordinated manner; and
(o) apply and enforce this Act in a fair, predictable and consistent manner.
Considerations
(1.1) The Government of Canada shall consider the following before taking any measure under paragraph (1)(a.1):
(a) the short- and long-term human and ecological benefits arising from the environmental protection measure;
(b) the positive economic impacts arising from the measure, including those cost-savings arising from health, environmental and technological advances and innovation, among others; and
(c) any other benefits accruing from the measure.
Action not limited
(2) Nothing in this section shall be construed so as to prevent the taking of any action to protect the environment or human health for the purposes of this Act.