Marginal note:Remedial measures
119. (1) Where there is a contravention of section 117 or the regulations, the Minister may, in writing, direct a manufacturer or importer of a nutrient, cleaning product or water conditioner to take any or all of the following measures in the manner and within the period directed by the Minister:
(a) give public notice of the contravention and of any danger to the environment or to human life or health posed by the nutrient, cleaning product or water conditioner;
(b) mail a notice as described in paragraph (a) to manufacturers, processors, distributors or retailers of the nutrient, cleaning product or water conditioner;
(c) mail a notice as described in paragraph (a) to persons to whom the nutrient, cleaning product or water conditioner is known to have been delivered or sold;
(d) replace the nutrient, cleaning product or water conditioner with one that meets the applicable requirements;
(e) accept the return of the nutrient, cleaning product or water conditioner from the purchaser and refund the purchase price;
(f) take other measures for the protection of the environment or human life or health; and
(g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).
Marginal note:Intervention of Minister
(2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.
Marginal note:Recovery of costs
(3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.
Division 2Protection of the Marine Environment from Land-based Sources of Pollution
120. The definitions in this section apply in this Division.
« sources telluriques »
“land-based sources” means point and diffuse sources on land from which substances or energy reach the sea by water, through the air or directly from the coast. It includes any sources under the sea bed made accessible from land by tunnel, pipeline or other means.
« pollution des mers »
“marine pollution” means the introduction by humans, directly or indirectly, of substances or energy into the sea that results, or is likely to result, in
(a) hazards to human health;
(b) harm to living resources or marine ecosystems;
(c) damage to amenities; or
(d) interference with other legitimate uses of the sea.
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