Slide 19 of 39
Notes:
Part 2 of the CEPA contains various provisions intended to encourage public participation in the enforcement of the Act. Section 16 permits any person to report an offence under the Act and to require that their name be kept confidential. Further, no employee may be dismissed or harassed for making such a report.
Section 17 permits an individual to apply for an investigation to be conducted under the Act. Section 22 permits any individual who has applied for an investigation to bring an environmental protection action but may not claim damages in any such action.
Section 39 permits any person who has suffered or is about to suffer loss or damage as a result of conduct that contravenes the Act or regulations to bring an application for an injunction. Section 40 permits the same persons to bring an action against the person who contravened the Act for damages and costs.
Section 42 provides that the remedies in the Act are in addition to other remedies except in relation to damage caused by a ship. Subsection 42(3) provides that no claim may be made under the Act for damage caused by a ship to the extent that a claim may be made under the Canada Shipping Act or the Arctic Waters Pollution Prevention Act.
