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Slide 17 of 39
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Part 8 of the CEPA regulates environmental emergencies. An emergency is defined in section 193 as an uncontrolled, unplanned or accidental release of a substance into the environment, a release of a substance in contravention of the regulations or the reasonable likelihood of a release of a substance.
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Section 199 permits the Minister to require any class of persons to prepare and implement emergency response and preparedness plans.
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Section 201 sets out the remedial measures that must be taken in the event of a spill.
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Section 203 provides that the Crown may recover the costs and expenses reasonably incurred of any measures taken to prevent an emergency or to repair, reduce or mitigate any negative effects on the environment. These can be recovered from the person who owned or had the charge, management or control of the substance or any other person who causes or contributes to the emergency. The limitation period applicable to such a claim is 5 years.
