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Bill C-32

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	DIVISION 4
	FUELS
	Interpretation
Definition of ``national fuels mark''	138. In this Division, ``national fuels mark'' means a mark established by regulation for use in respect of fuels.
	General Requirements for Fuels
Prohibition	139. (1) No person shall produce, import or sell a fuel that does not meet the requirements of the regulations.
Exceptions	(2) A person does not contravene subsection (1) if
	(a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit;
	(b) the fuel is produced or sold for export and there is written evidence establishing that the fuel will be exported;
	(c) subject to the regulations, the fuel is being imported and there is written evidence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold; or
	(d) subject to the regulations, the fuel is being imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.
Regulations	140. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139, including regulations respecting
	(a) the concentrations or quantities of an element, component or additive in a fuel;
	(b) the physical or chemical properties of a fuel;
	(c) the characteristics of a fuel, based on a formula related to the fuel's properties or conditions of use;
	(d) the transfer and handling of a fuel;
	(e) the keeping of books and records by persons who produce, sell or import fuel;
	(f) the auditing of the books and records and the submission of audit reports and copies of the books and records;
	(g) the submission, by persons who produce, import or sell fuel, of information regarding
	(i) the fuel and any element, component or additive contained in the fuel,
	(ii) any physical or chemical property of the fuel or any substance intended for use as an additive to the fuel,
	(iii) the adverse effects from the use of the fuel on the environment, on human life or health, on combustion technology or on emission control equipment, and
	(iv) the techniques that may be used to detect and measure elements, components, additives and physical and chemical properties;
	(h) the conduct of sampling, analyses, tests, measurements or monitoring of fuels and additives and the submission of the results;
	(i) the submission of samples of fuels and additives; and
	(j) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring.
Significant contribution	(2) The Governor in Council may make a regulation under any of paragraphs (1)(a) to (d) only if the Governor in Council is of the opinion that the regulation could make a significant contribution to the prevention of, or reduction in, air pollution resulting from
	(a) direct or indirect effects of the fuel; or
	(b) the fuel's effect on the operation, performance or introduction of combustion technology or emission control equipment.
Variations in fuels	(3) A regulation may distinguish among fuels according to their commercial designation, source, physical or chemical properties, class, conditions of use or place or time of year of use.
Consultation	(4) Before recommending a regulation to the Governor in Council under subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment.
	National Fuels Marks
Nature of mark	141. (1) The national fuels marks are national trade-marks.
Property rights	(2) The exclusive property in and, except as otherwise provided in this Division, the right to the use of the national fuels marks are hereby vested in Her Majesty in right of Canada.
Prohibition	142. (1) No person shall use a national fuels mark except in accordance with this Division and the regulations.
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.
Require- ments for use	143. A person may use a national fuels mark in respect of a prescribed fuel if
	(a) the use is authorized by the Minister;
	(b) the fuel conforms to the requirements for that fuel provided for by regulations made under section 145 and any requirements that are applicable to that fuel and that may be provided for by regulations made under subsection 93(1) or 140(1);
	(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 requirements 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. (1) The Governor in Council may, on the recommendation of the Minister, make regulations 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 any condition or requirement that must be met for a national fuels mark to be used if, in the opinion of the Governor in Council, regulations respecting that condition or requirement may not be made under section 140;
	(d) respecting the conditions and procedures 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 regulations.
Consultation	(2) Before recommending a regulation to the Governor in Council under subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment.
Variations in fuels	146. A regulation may distinguish among fuels according to their commercial designation, 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 circumstances, grant a temporary waiver from any of the requirements of a regulation made under section 140 or 145 on any conditions and for any period that 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 a regulation 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 paragraphs (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 incidental to taking any measures under subsection (2) from the person referred to in that subsection.
	DIVISION 5
	VEHICLE, ENGINE AND EQUIPMENT EMISSIONS
	Interpretation
Definitions	149. The definitions in this section apply in this Division and in Part 10 as it relates to the enforcement of this Division.
``company'' « entre- prise »	``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 equipment obtained directly from a person described in paragraph (a) or the agent of such a person; or
	(c) imports any vehicle, engine or equipment into Canada for the purpose of sale.
``engine'' « moteur »	``engine'' means any prescribed internal combustion engine, but does not include an engine 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.
``equip- ment'' « équipe- ment »	``equipment'' means any prescribed equipment that is designed for use in or on a vehicle or engine.
``manufac- ture'' « fabrica- tion » ou « construc- tion »	``manufacture'' includes any process of assembling or altering any vehicle, engine or equipment before its sale to the first retail purchaser.
``national emissions mark'' « marque nationale »	``national emissions mark'' means a mark established by regulation for use in respect of emissions from vehicles, engines or equipment.
``standard'' « norme »	``standard'' means a standard that governs the design, construction, functioning or marking of vehicles, engines or equipment for the purpose of controlling or monitoring their emissions.
``vehicle'' « véhicule »	``vehicle'' means any prescribed self-propelled 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 regulations, 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 equipment 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 equipment to which a national emissions mark has been applied or import any vehicle, engine or equipment unless
	(a) the vehicle, engine or equipment conforms to the standards prescribed for vehicles, engines or equipment of its class at the time its main assembly or manufacture was completed;

Bill C-32

DIVISION 4

FUELS

DIVISION 5

VEHICLE, ENGINE AND EQUIPMENT EMISSIONS