Guidelines for the use of information gathering authorities: chapter 2

Section 2: Summary of the Information Gathering Provision under Section 46

Information gathering powers are required to collect the data necessary to administer CEPA '99. section 46 provides the Minister with the authority to gather the best information available for meeting various obligations under the Act and for enabling decision making that contributes to the protection of the environment and human health.

Under subsection 46(1), the Minister of the Environment may issue notices requiring information for the purposes of:

• conducting research;
• creating an inventory of data;
• formulating objectives and codes of practice;
• issuing guidelines; or
• assessing or reporting on the state of the environment.

The Minister may require information that is not specified in paragraphs (a) to (m) of subsection 46(1) (Appendix 1), provided that the information required meets the general purposes of the section and falls within the purposes of CEPA '99.

The authority applies to information that may be in the possession of the person to whom a request is directed, or information to which the person may reasonably be expected to have access.