COMMISSION FOR ENVIRONMENTAL COOPERATION
THREE COUNTRIES WORKING TOGETHER TO PROTECT OUR SHARED ENVIRONMENT
Article 37: Enforcement Principle
Nothing in this Agreement shall be construed to empower a Party's authorities to
undertake environmental law enforcement activities in the territory of another Party.
Article 38: Private Rights
No Party may provide for a right of action under its law against any other Party on
the ground that another Party has acted in a manner inconsistent with this Agreement.
Article 39: Protection of Information
1. Nothing in this Agreement shall be construed to require a Party to make available or allow access to information:
(a) the disclosure of which would impede its environmental law enforcement; or
(b) that is protected from disclosure by its law governing business or proprietary information, personal privacy or the confidentiality of governmental decision making.
2. If a Party provides confidential or proprietary information to another Party, the Council, the Secretariat or the Joint Public Advisory Committee, the recipient shall treat the information on the same basis as the Party providing the information.
3. Confidential or proprietary information provided by a Party to a panel under this Agreement shall be treated in accordance with the rules of procedure established under Article 28.
Article 40: Relation to Other Environmental Agreements
Nothing in this Agreement shall be construed to affect the existing rights and obligations of the Parties under other international environmental agreements, including conservation agreements, to which such Parties are party.
Article 41: Extent of Obligations
Annex 41 applies to the Parties specified in that Annex.
Article 42: National Security
Nothing in this Agreement shall be construed:
(a) to require any Party to make available or provide access to information the disclosure of which it determines to be contrary to its essential security interests; or
(b) to prevent any Party from taking any actions that it considers necessary for the protection of its essential security interests relating to
(i) arms, ammunition and implements of war, or
(ii) the implementation of national policies or international agreements respecting the non-proliferation of nuclear weapons or other nuclear explosive devices.
Article 43: Funding of the Commission
Each Party shall contribute an equal share of the annual budget of the Commission, subject to the availability of appropriated funds in accordance with the Party’s legal procedures. No Party shall be obligated to pay more than any other Party in respect of an annual budget.
Article 44: Privileges and Immunities
The Executive Director and staff of the Secretariat shall enjoy in the territory of each Party such privileges and immunities as are necessary for the exercise of their functions.
Article 45: Definitions
1. For purposes of this Agreement:
A Party has not failed to “effectively enforce its environmental law” or to comply with Article 5(1) in a particular case where the action or inaction in question by agencies or officials of that Party:
(a) reflects a reasonable exercise of their discretion in respect of investigatory, prosecutorial, regulatory or compliance matters; or
(b) results from bona fide decisions to allocate resources to enforcement in respect of other environmental matters determined to have higher priorities;
"non-governmental organization" means any scientific, professional, business, non-profit, or public interest organization or association which is neither affiliated with, nor under the direction of, a government;
"persistent pattern" means a sustained or recurring course of action or inaction beginning after the date of entry into force of this Agreement;
“province” means a province of Canada, and includes the Yukon Territory and the Northwest Territories and their successors; and
“territory” means for a Party the territory of that Party as set out in Annex 45.
2. For purposes of Article 14(l) and Part Five:
(a) “environmental law” means any statute or regulation of a Party, or provision thereof, the primary purpose of which is the protection of the environment, or the prevention of a danger to human life or health, through
(i) the prevention, abatement or control of the release, discharge, or emission of pollutants or environmental contaminants,
(ii) the control of environmentally hazardous or toxic chemicals, substances, materials and wastes, and the dissemination of information related thereto, or
(iii) the protection of wild flora or fauna, including endangered species, their habitat, and specially protected natural areas
in the Party's territory, but does not include any statute or regulation, or provision thereof, directly related to worker safety or health.
(b) For greater certainty, the term “environmental law” does not include any statute or regulation, or provision thereof, the primary purpose of which is managing the commercial harvest or exploitation, or subsistence or aboriginal harvesting, of natural resources.
(c) The primary purpose of a particular statutory or regulatory provision for purposes of subparagraphs (a) and (b) shall be determined by reference to its primary purpose, rather than to the primary purpose of the statute or regulation of which it is part.
3. For purposes of Article 14(3), “judicial or administrative proceeding” means:
(a) a domestic judicial, quasi-judicial or administrative action pursued by the Party in a timely fashion and in accordance with its law. Such actions comprise: mediation; arbitration; the process of issuing a license, permit, or authorization; seeking an assurance of voluntary compliance or a compliance agreement; seeking sanctions or remedies in an administrative or judicial forum; and the process of issuing an administrative order; and
(b) an international dispute resolution proceeding to which the Party is party.