Part 1: Administration
6. (1) For the purpose of enabling national action to be carried out and taking cooperative action in matters affecting the environment and for the purpose of avoiding duplication in regulatory activity among governments, the Minister shall establish a National Advisory Committee
- (a) to advise the Ministers on regulations proposed to be made under subsection 93(1);
- (b) to advise the Minister on a cooperative, coordinated intergovernmental approach for the management of toxic substances; and
- (c) to advise the Minister on other environmental matters that are of mutual interest to the Government of Canada and other governments and to which this Act relates.
(1.1) In giving its advice and recommendations, the Committee shall use the precautionary principle.
(2) The Committee shall consist of the following members:
- (a) one representative for each of the Ministers;
- (b) one representative of the government of each of the provinces; and
- (c) subject to subsection (3), not more than six representatives of aboriginal governments, to be selected on the following regional basis,
- (i) one representative for all aboriginal governments, except Inuit, in Newfoundland, Prince Edward Island, Nova Scotia and New Brunswick,
- (ii) one representative for all aboriginal governments, except Inuit, in Quebec,
- (iii) one representative for all aboriginal governments, except Inuit, in Ontario,
- (iv) one representative for all aboriginal governments, except Inuit, in Manitoba, Saskatchewan, Alberta, the Northwest Territories and Nunavut,
- (v) one representative for all aboriginal governments, except Inuit, in British Columbia and the Yukon Territory, and
- (vi) one representative for all Inuit aboriginal governments.
(2.1) The representative of a provincial government shall be selected by that government.
(2.2) Subject to subsection (3), the representative of aboriginal governments shall be selected by the aboriginal governments he or she represents.
(2.3) Subject to subsection (3), the representative of Inuit aboriginal governments shall be selected by those governments.
(3) Where there is no Inuit aboriginal government or aboriginal government for a region referred to in any of subparagraphs (2)(c)(i) to (v), the representative of the Inuit or of aboriginal people for the region, as the case may be, may be selected in accordance with regulations made under subsection (4).
(4) The Minister may make regulations respecting the manner of selecting a representative under subsection (3).
7. (1) For the purpose of carrying out their duties under this Act, the Ministers or either Minister may
- (a) establish advisory committees to report to the Ministers or either Minister; and
- (b) specify the functions that the committees are to perform and the manner in which those functions are to be performed.
(2) The report of a committee established under subsection (1), including its recommendations and reasons, shall be made public.
8. The Minister shall include in the annual report required by section 342 a report of the activities of the Committee and of any committees established under paragraph 7(1)(a).
9. (1) The Minister may negotiate an agreement with a government or with an aboriginal people with respect to the administration of this Act.
(2) The Minister shall publish any agreement negotiated under subsection (1) 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.
(3) Within 60 days after the publication of an agreement or notice of its availability under subsection (2), any person may file with the Minister comments or a notice of objection.
(4) After the end of the period of 60 days referred to in subsection (3), 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.
(5) The Minister may, after publishing a report or notice under subsection (4),
- (a) with the approval of the Governor in Council, enter into an agreement with a government or an aboriginal people with respect to the administration of this Act; and
- (b) subject to any terms and conditions that the Governor in Council may specify in the approval, agree to amendments of the agreement.
(6) The Minister shall publish any agreement under subsection (5), or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.
(7) An agreement made under subsection (5) terminates five years after the date on which it comes into force or may be terminated earlier by either party giving the other at least three months notice.
(8) The Minister shall include in the annual report required by section 342 a report on the administration of this Act under agreements made under subsection (5).
(9) No agreement made under this section shall limit or restrict the carrying out of any action the Minister deems necessary for the administration and enforcement of this Act, including the conduct of inspections or investigations.
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.
(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.
(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 Acts applicable to the jurisdiction of the government
- (a) provisions that are equivalent 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.
(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.
(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.
(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.
(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.
(8) An agreement made under subsection (3) terminates five years after the date on which it comes into force or may be terminated earlier by either party giving the other at least three months notice.
(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.
(10) The Minister shall include in the annual report required by section 342 a report on the administration of this section.
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