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Bill C-74

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First Reading

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Confusing marks	(2) No person shall use any other mark in such a manner that it is likely to be mistaken for a national fuels mark.
Requirements for use	143. A person may use a national fuels mark in respect of a prescribed fuel if
	(a) authorized by the Minister;
	(b) the fuel conforms to the requirements prescribed for that fuel;
	(c) evidence of such conformity has been obtained and produced in accordance with the regulations; and
	(d) prescribed information relating to the fuel has been submitted to the Minister in the prescribed manner.
Cross- boundary shipments	144. (1) No person shall import, or transport within Canada, a prescribed fuel if the require ments set out in paragraphs 143(b) to (d) are not met.
Exceptions	(2) Except as otherwise provided by the regulations, subsection (1) does not apply if
	(a) the requirements are met before the fuel is used or sold; or
	(b) the fuel is being used in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.
Regulations	145. The Governor in Council may, on the recommendation of the Minister, make regu lations for carrying out the purposes and provisions of sections 141 to 144 and 147, including regulations
	(a) establishing the national fuels marks;
	(b) determining the fuels for which a national fuels mark may be used;
	(c) respecting the conditions and require ments that must be met for a national fuels mark to be used;
	(d) respecting the conditions and proce dures for obtaining authorization to use a national fuels mark;
	(e) respecting the information or other evidence necessary under sections 143 and 144; and
	(f) prescribing or providing for anything that by sections 141 to 144 and 147 is to be prescribed or provided for by the regula tions.
Variations in fuels	146. A regulation may distinguish among fuels according to their commercial designa tion, source, physical or chemical properties, class, conditions of use or place or time of year of use.
	Temporary Waivers
Temporary waiver	147. The Minister may, in prescribed cir cumstances, grant a temporary waiver from any of the requirements of a regulation made under section 140 or 145 on such conditions and for such period as may be determined by the Minister.
	Remedial Measures
Remedial measures	148. (1) If, in respect of a fuel, there is a contravention of this Division or any regula tion made under this Division, the Minister may, in writing, direct a producer, processor, importer, retailer or distributor of the fuel to take any or all of the following measures in a manner and within the period directed by the Minister:
	(a) give public notice of the relevant characteristics of the fuel and of any danger to the environment or to human life or health that might be posed by the fuel;
	(b) mail a notice as described in paragraph (a) to producers, processors, importers, retailers or distributors of the fuel;
	(c) mail a notice as described in paragraph (a) to persons to whom the fuel is known to have been delivered or sold;
	(d) replace the fuel with fuel that meets the applicable requirements;
	(e) accept the return of the fuel from the purchaser and refund the purchase price;
	(f) take other measures to mitigate the effect of the contravention on the environment or on human life or health; and
	(g) report to the Minister on the steps taken in satisfaction of any direction under para graphs (a) to (f).
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.
Recovery of costs	(3) Her Majesty in right of Canada may recover the costs and expenses of and inciden tal to taking any measures under subsection (2) from the person referred to in that subsec tion.
	DIVISION V
	VEHICLE, ENGINE AND EQUIPMENT EMISSIONS
	Interpretation
Definitions	149. The definitions in this section apply in this Division and in Part X.
``company'' « entreprise »	``company'' means a person who
	(a) is engaged in the business of manufacturing vehicles, engines or equipment in Canada;
	(b) is engaged in the business of selling to other persons, for the purpose of resale by those persons, vehicles, engines or equip ment obtained directly from a person described in paragraph (a) or the agent of such a person; or
	(c) imports any vehicle, engine or equip ment into Canada for the purpose of sale.
``engine'' « moteur »	``engine'' means any prescribed internal com bustion engine, but does not include an en gine designed to propel
	(a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;
	(b) rolling stock as defined in section 6 of the Canada Transportation Act; or
	(c) a steamer, steamship or tug as defined in section 2 of the Canada Shipping Act.
``equipment'' « équipement »	``equipment'' means any prescribed equip ment that is designed for use in or on a ve hicle or engine.
``manufacture '' « fabrica- tion » ou « construc- tion »	``manufacture'' includes any process of as sembling or altering any vehicle, engine or equipment before its sale to the first retail purchaser.
``national emissions mark'' « marque nationale pour les émissions » ou « marque nationale »	``national emissions mark'' means a mark es tablished by regulation for use in respect of emissions from vehicles, engines or equip ment.
``standard'' « norme »	``standard'' means a standard that governs the design, construction, functioning or mark ing of vehicles, engines or equipment for the purpose of controlling or monitoring their emissions.
``vehicle'' « véhicule »	``vehicle'' means any prescribed self-pro pelled vehicle, but does not include
	(a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;
	(b) rolling stock as defined in section 6 of the Canada Transportation Act; or
	(c) a steamer, steamship or tug as defined in section 2 of the Canada Shipping Act.
	National Emissions Marks
Nature of marks	150. (1) The national emissions marks are national trade-marks.
Property rights	(2) The exclusive property in and, except as otherwise provided in this Division, the right to use a national emissions mark are hereby vested in Her Majesty in right of Canada.
Prohibition	(3) No person shall use a national emissions mark except in accordance with this Division and the regulations.
Confusing marks	(4) No person shall use any other mark in such a manner that it is likely to be mistaken for a national emissions mark.
Use of marks	151. A company authorized by the Minister may, subject to this Division and the regula tions, apply a national emissions mark to vehicles, engines or equipment.
Transporta- tion within Canada	152. No company shall transport within Canada a prescribed vehicle, engine or equip ment that does not have a national emissions mark applied to it.
	Vehicle, Engine and Equipment Standards
Compliance by companies	153. (1) No company shall apply a national emissions mark to any vehicle, engine or equipment, sell any vehicle, engine or equip ment to which a national emissions mark has been applied or import any vehicle, engine or equipment unless
	(a) the vehicle, engine or equipment con forms to the standards prescribed for ve hicles, engines or equipment of its class at the time its main assembly or manufacture was completed;
	(b) evidence of such conformity has been obtained and produced in the prescribed form and manner or, if the regulations so provide, in a form and manner satisfactory to the Minister;
	(c) prescribed information relating to stan dards for emissions from the vehicle, en gine or equipment has been submitted to the Minister in the prescribed manner;
	(d) information is marked on the vehicle, engine or equipment in accordance with the regulations;
	(e) if required by the regulations, prescribed documentation or accessories accompany the vehicle, engine or equipment;
	(f) prescribed information relating to the operation or use of the vehicle, engine or equipment is disseminated in the prescribed form and manner;
	(g) records are maintained and furnished in the prescribed form and manner in relation to the design, manufacture, testing and field performance of the vehicle, engine or equipment, for the purpose of
	(i) enabling an inspector to determine whether the vehicle, engine or equipment conforms to all prescribed standards applicable to it, and
	(ii) facilitating the identification and analysis of defects referred to in subsec tion 157(1); and
	(h) in the case of engines and equipment, the company maintains a registration sys tem in the prescribed form and manner.
Exception	(2) Except as otherwise provided by the regulations, subsection (1) does not apply with respect to the application of a national emis sions mark or an importation referred to in that subsection if the requirements under that subsection are met before the vehicle, engine or equipment leaves the possession or control of the company and, in the case of a vehicle, before the vehicle is presented for registration under the laws of a province or an aboriginal government.
Certification by foreign agency	(3) Any vehicle, engine or equipment is deemed to conform to a prescribed standard if
	(a) the regulations provide that an enact ment of a foreign government corresponds to that standard; and
	(b) a prescribed agency of that government has certified that the vehicle, engine or equipment conforms to the enactment as applied by the agency, unless the Minister determines otherwise.
Compliance on importation	154. No person shall import any vehicle, engine or equipment of a prescribed class unless the requirements of paragraphs 153(1)(a), (b), (d) and (e) are met in respect of the vehicle, engine or equipment.
Exceptions for certain importations	155. (1) Sections 153 and 154 do not apply in respect of the importation of any vehicle, engine or equipment if
	(a) the person importing the vehicle, engine or equipment makes a declaration in the prescribed form and manner that the ve hicle, engine or equipment will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing and will remain in Canada for not longer than one year or such other period as the Minister specifies;
	(b) the vehicle, engine or equipment is in transit through Canada, from a place out side Canada, to another place outside Canada and is accompanied by written evidence establishing that the vehicle, en gine or equipment will not be sold or used in Canada; or
	(c) the vehicle, engine or equipment is being imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country.
Vehicles sold in United States	(2) Except as otherwise provided by the regulations, sections 153 and 154 do not apply in respect of the importation of a vehicle that has been sold at the retail level in the United States if the person importing the vehicle makes a declaration in the prescribed form and manner that, before the vehicle is presented for registration under the laws of a province or an aboriginal government,
	(a) those requirements will be met; and
	(b) the vehicle will be certified, in accor dance with the regulations, as conforming.
Change in standard since manufacture	(3) Sections 153 and 154 do not apply in respect of the importation of any vehicle, engine or equipment that does not conform to a standard prescribed for its class at the time of its main assembly or manufacture if, at the time of its importation, that standard is no longer in effect and
	(a) the vehicle, engine or equipment con forms to the corresponding standard pre scribed for its class at that time; or
	(b) there is no corresponding standard at that time.
Imported vehicle or engine	(4) A vehicle or engine that is imported and for which there is no prescribed standard must conform to the standard prescribed for the class of equivalent vehicles or engines before presentation for registration under the laws of a province or an aboriginal government.
Declarations binding	(5) No person who makes a declaration referred to in paragraph (1)(a) or subsection (2), or provides evidence referred to in paragraph (1)(b), in respect of any vehicle, engine or equipment shall use or dispose of the vehicle, engine or equipment in a manner contrary to the terms of that declaration or evidence.
Record keeping	(6) Every person who makes a declaration referred to in paragraph (1)(a) or subsection (2), or provides evidence referred to in paragraph (1)(b), in respect of any vehicle, engine or equipment shall keep a record of the use or disposition of the vehicle, engine or equipment in accordance with the regulations.
	Vehicle or Engine Exemptions
Exemption from standards	156. (1) On application by a company in the prescribed form, supported by prescribed technical and financial information, the Gov ernor in Council may, by order, grant an exemption for a specified period, subject to any conditions specified in the order, for any model of vehicle or engine manufactured or imported by the company from conformity with any prescribed standard applicable to that model if conformity with that standard would, in the opinion of the Governor in Council,
	(a) create substantial financial hardship for the company;
	(b) impede the development of new features for safety, emission monitoring or emission control that are equivalent to or superior to those that conform to prescribed standards; or
	(c) impede the development of new kinds of vehicles, engines or vehicle or engine systems or components.

Bill C-74

DIVISION V

VEHICLE, ENGINE AND EQUIPMENT EMISSIONS