Bill C-32
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TABLE OF PROVISIONS |
AN ACT RESPECTING POLLUTION PREVENTION AND THE
PROTECTION OF THE ENVIRONMENT AND HUMAN
HEALTH IN ORDER TO CONTRIBUTE TO SUSTAINABLE
DEVELOPMENT
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SHORT TITLE |
1. Short title
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ADMINISTRATIVE DUTIES |
2. Duties of the Government of Canada
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INTERPRETATION |
3. Definitions
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4. Aboriginal rights
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HER MAJESTY |
5. Binding on Her Majesty
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PART 1 |
ADMINISTRATION |
Advisory Committees |
6. National Advisory Committee
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7. Ministerial advisory committees
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8. Report of various committees
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Agreements Respecting Administration |
9. Negotiation of agreement
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Agreements Respecting Equivalent Provisions |
10. Non-application of regulations or orders
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PART 2 |
PUBLIC PARTICIPATION |
Interpretation |
11. Definition of ``environmental protection action''
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Environmental Registry |
12. Establishment of Environmental Registry
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13. Contents of Environmental Registry
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14. Protection from civil proceeding or prosecution
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Rights under Other Parts |
15. Additional rights
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Voluntary Reports |
16. Voluntary reports
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Investigation of Offences |
17. Application for investigation by Minister
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18. Investigation by Minister
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19. Progress reports
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20. Minister may send evidence to Attorney General of Canada
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21. Discontinuation of investigation
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Environmental Protection Action |
22. Circumstances when an individual may bring an action
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23. Limitation period of two years
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24. No action for remedial conduct
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25. Exception
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26. Notice of the action
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27. Attorney General to be served
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28. Other participants
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29. Burden of proof
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30. Defences
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31. Undertakings to pay damages
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32. Stay or dismissal
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33. Remedies
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34. Orders to negotiate plans
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35. Restriction on orders to negotiate plans
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36. Settlement or discontinuance
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37. Settlements and orders
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38. Costs
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Action to Prevent or Compensate Loss |
39. Injunction
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40. Civil cause of action
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Other Matters |
41. Evidence of offence
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42. Civil remedies not affected
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PART 3 |
INFORMATION GATHERING, OBJECTIVES, GUIDELINES AND CODES OF PRACTICE |
Interpretation |
43. Definition of ``fish''
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Environmental Data and Research |
44. Monitoring, research and publication
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45. Role of Minister of Health
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Information Gathering |
46. Notice requiring information
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47. Guidelines
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48. National inventory
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49. Publication in whole or in part
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50. Publication of inventory
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51. Request for confidentiality
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52. Reasons
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53. Additional justification
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Objectives, Guidelines and Codes of Practice |
54. Formulation by the Minister
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55. Formulation by the Minister of Health
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PART 4 |
POLLUTION PREVENTION |
Pollution Prevention Plans |
56. Requirement for pollution prevention plans
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57. Plan prepared or implemented for another purpose
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58. Declaration of preparation
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59. Requirement to keep plan
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60. Requirement to submit certain plans
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Model Plans and Guidelines |
61. Model plans
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62. Guidelines
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Other Initiatives |
63. Information clearing-house
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PART 5 |
CONTROLLING TOXIC SUBSTANCES |
Interpretation |
64. Definition of ``virtual elimination''
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65. Toxic substances
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General |
66. Domestic Substances List
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67. Regulation of criteria
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68. Research, investigation and evaluation
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69. Formulation of guidelines by the Ministers
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Information Gathering |
70. Notice to the Minister
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71. Notice requiring information, samples or testing
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72. Exercise of power under paragraph 71(1)(c)
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Priority Substances and Other Substances |
73. Categorization of substances on Domestic Substances List
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74. Screening level risk assessment
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75. Definition of ``jurisdiction''
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76. Priority Substances List
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77. Publication after assessment
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78. Notice of objection
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79. Plans required for virtual elimination
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Substances and Activities New to Canada |
80. Definitions
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81. Manufacture or import of substances
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82. Prohibition of activity
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83. Assessment of information
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84. Action to be taken after assessment
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85. Significant new activity
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86. Notification of persons required to comply
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87. Amendment of Lists
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88. Publication of masked name
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89. Regulations
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Regulation of Toxic Substances |
90. Addition to List of Toxic Substances
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91. Publication of proposed regulation or instrument
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92. Publication of preventive or control actions
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93. Regulations
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94. Interim orders
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Release of Toxic Substances |
95. Report and remedial measures
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96. Voluntary report
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97. Regulations
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98. Recovery of reasonable costs and expenses by Her Majesty
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99. Remedial measures
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Export and Import of Substances |
100. List of Prohibited Substances
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101. List of Substances Requiring Export Notification
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102. Conditions governing export of substances
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103. Publication of List of Substances Authorities
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PART 6 |
BIOTECHNOLOGY |
104. Definitions
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105. Adding living organisms to Domestic Substances List
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106. Manufacture or import of living organisms
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107. Prohibition of activity
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108. Assessment of information
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109. Action to be taken after assessment
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110. Significant new activity
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111. Notification of persons required to comply
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112. Amendment of List
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113. Publication of masked name
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114. Regulations
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115. Other regulations
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PART 7 |
CONTROLLING POLLUTION AND MANAGING WASTES |
DIVISION 1 |
NUTRIENTS |
116. Definitions
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117. Prohibition
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118. Regulations
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119. Remedial measures
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DIVISION 2 |
PROTECTION OF THE MARINE ENVIRONMENT FROM LAND-BASED SOURCES OF POLLUTION |
120. Definitions
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121. Objectives, guidelines and codes of practice
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DIVISION 3 |
DISPOSAL AT SEA |
Interpretation
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122. Definitions
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Prohibitions
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123. Imports for disposal in waters under Canadian jurisdiction
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124. Loading in Canada for disposal at sea
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125. Disposal in waters under Canadian jurisdiction
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126. Incineration
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Permits
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127. Minister may issue permit
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128. Exception
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129. Conditions of permit
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Exception for Safety Reasons
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130. Exception
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131. Fisheries Act not applicable
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Site Monitoring
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132. Monitoring of sites
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Publication
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133. Publication in the Canada Gazette
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Notice of Objection
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134. Notice of objection
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Regulations
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135. Regulations
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Costs and Expenses of the Crown
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136. Costs and expenses recoverable
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Service of Documents
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137. Manner of service
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DIVISION 4 |
FUELS |
Interpretation
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138. Definition of ``national fuels mark''
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General Requirements for Fuels
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139. Prohibition
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140. Regulations
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National Fuels Marks
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141. Nature of mark
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142. Prohibition
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143. Requirements for use
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144. Cross-boundary shipments
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145. Regulations
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146. Variations in fuels
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Temporary Waivers
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147. Temporary waiver
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Remedial Measures
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148. Remedial measures
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DIVISION 5 |
VEHICLE, ENGINE AND EQUIPMENT EMISSIONS |
Interpretation
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149. Definitions
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National Emissions Marks
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150. Nature of marks
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151. Use of marks
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152. Transportation within Canada
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Vehicle, Engine and Equipment Standards
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153. Compliance by companies
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154. Compliance on importation
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155. Exceptions for certain importations
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Vehicle or Engine Exemptions
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156. Exemption from standards
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Notice of Defects
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157. Obligation to give notice
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Research and Testing
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158. Powers of Minister
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159. Emission control tests
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Regulations
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160. Regulations
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161. Definition of ``technical standards document''
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162. Emission credits
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163. Interim order
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Evidence
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164. Evidence
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165. Evidence
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DIVISION 6 |
INTERNATIONAL AIR POLLUTION |
166. Determination of international air pollution
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167. Regulations
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168. Notice to other country
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169. Report and remedial measures
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170. Recovery of reasonable costs and expenses by Her Majesty
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171. Prohibition
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172. Plans and specifications
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173. Interim order
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174. Report to Parliament
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DIVISION 7 |
INTERNATIONAL WATER POLLUTION |
175. Definition of ``water pollution''
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176. Determination of international water pollution
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177. Regulations
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178. Notice to other country
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179. Report and remedial measures
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180. Recovery of reasonable costs and expenses by Her Majesty
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181. Prohibition
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182. Plans and specifications
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183. Interim order
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184. Report to Parliament
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DIVISION 8 |
CONTROL OF MOVEMENT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL AND OF PRESCRIBED NON-HAZARDOUS WASTE FOR FINAL DISPOSAL |
185. Import, export and transit
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186. Prohibitions - import, export and transit
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187. Publication
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188. Reduction of export for final disposal
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189. Movement within Canada
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190. Permits based on equivalent environmental safety level
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191. Regulations
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192. Forms
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PART 8 |
ENVIRONMENTAL MATTERS RELATED TO EMERGENCIES |
193. Definitions
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194. Application
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195. Research
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196. Guidelines and codes of practice
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197. Consultation
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198. Publication of guidelines and codes of practice
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199. Requirements for environmental emergency plans
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200. Regulations
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201. Remedial measures
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202. Voluntary report
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203. Recovery of costs and expenses
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204. National notification and reporting system
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205. Liability of owner of substance
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PART 9 |
GOVERNMENT OPERATIONS AND FEDERAL AND ABORIGINAL LAND |
Interpretation |
206. Definition of ``regulations''
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Application |
207. Application to Government, etc.
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Objectives, Guidelines and Codes of Practice |
208. Minister shall establish
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Regulations |
209. Regulations for the protection of the environment
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210. Non-application of regulations
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Information about Works and Activities |
211. Minister may require information
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Release of Substances |
212. Report and remedial measures
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213. Voluntary report
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214. Recovery of costs and expenses
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215. Court and costs
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PART 10 |
ENFORCEMENT |
Interpretation |
216. Definitions
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Designation of Inspectors, Investigators and Analysts |
217. Designation
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Inspection |
218. Inspection
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219. Production of documents and samples
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Search |
220. Authority to issue warrant for search and seizure
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221. Custody
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222. Redelivery on deposit of security
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Detention |
223. Seizure
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224. Application to extend period of detention
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Detention of Ships |
225. Detention of ships
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Assistance to Inspectors, Investigators and Analysts |
226. Entry
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227. Assistance
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228. Obstruction
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Forfeiture |
229. Forfeiture on consent
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230. Forfeiture by order of court
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231. Court may order forfeiture
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232. Disposal of forfeited ship, aircraft, etc.
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233. Application by person claiming interest
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Environmental Protection Compliance Orders |
234. Definition of ``order''
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235. Order
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236. Exigent circumstances
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237. Notice of intent
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238. Compliance with the order
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239. Intervention by inspector
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240. Recovery of reasonable costs and expenses by Her Majesty
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241. Variation or cancellation of order
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242. Regulations
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Review Officers |
243. Roster of review officers
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244. Chief Review Officer
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245. Term of members
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246. Publication in Canada Gazette
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247. Knowledge
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248. Other employment
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249. Remuneration and fees
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250. Acting after expiry of term
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251. Secretary and other staff
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252. Government services and facilities
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253. Immunity
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254. Crown not relieved
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255. Liability
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Reviews |
256. Request for review
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257. Review
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258. No automatic stay on appeal
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259. Right to appear
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260. Powers
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261. Enforcement of summonses and orders
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262. Procedure
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263. Powers of review officer
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264. Variation or cancellation of review officer's decision
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265. Limitations on exercise of review officer's powers
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266. Decision of review officer
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267. Rules
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268. Orders and notices
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Federal Court |
269. Appeal to Federal Court
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270. Standing on appeal to Federal Court
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271. Order not suspended
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Offences and Punishment |
272. Contravention of the Act, the regulations or agreements
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273. False or misleading information, etc.
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274. Damage to environment and risk of death or harm to persons
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275. Limitation period
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276. Continuing offence
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277. Construction of subsection 389(5) of Canada Shipping Act
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278. Regulations
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279. Nearest court has jurisdiction for Division 3 of Part 7 offences
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280. Liability of directors
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281. Identifying owner, master, etc.
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282. Proof of offence
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283. Defence
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284. Importing substances by analysts
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285. Certificate of analyst
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286. Safety marks and prescribed documents
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Sentencing Criteria |
287. Sentencing considerations
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Discharge |
288. Absolute or conditional discharge
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289. Suspended sentence
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290. Additional fine
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291. Orders of court
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292. Compensation for loss of property
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293. Variation of sanctions
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294. Subsequent applications with leave
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Environmental Protection Alternative Measures |
295. Definitions
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296. When measures may be used
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297. Sentencing considerations
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298. Nature of measures contained in agreement
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299. Duration of agreement
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300. Filing in court for the purpose of public access
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301. Filing in Environmental Registry
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302. Stay and recommencement of proceedings
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303. Application to vary agreement
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304. Records of persons
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305. Records of police forces and investigative bodies
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306. Government records
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307. Disclosure of records
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308. Agreements respecting exchange of information
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309. Regulations
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Contraventions |
310. Ticketing
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Other Remedies |
311. Injunction
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Defence |
312. Defence
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PART 11 |
MISCELLANEOUS MATTERS |
Disclosure of Information |
313. Request for confidentiality
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314. Prohibition of disclosure
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315. Disclosure by Minister for public interest
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316. Certain purposes for which information may be disclosed
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317. Disclosure by Minister
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318. Hazardous Materials Information Review Act
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319. Regulations
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320. Non-disclosure by Minister of National Defence
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321. Security requirements for disclosure
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Economic Instruments |
322. Guidelines, programs and other measures
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323. Consultation
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324. Publication of guidelines and programs
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325. Regulations for systems relating to deposits and refunds
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326. Regulations for tradeable units systems
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327. Ministerial orders
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Regulations Respecting Fees and Charges |
328. Services and facilities
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329. Consultation
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General Regulation-making Powers and Exemptions |
330. Exercise of regulation-making power
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331. Exemption from Statutory Instruments Act
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Prepublication Requirements |
332. Publication of proposed orders and regulations
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Board of Review Proceedings |
333. Establishment of board of review
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334. Number of members of board
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335. Appearance before board
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336. Withdrawal of notice of objection
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337. Powers of board
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338. Costs
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339. Absent member of board
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340. Report
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341. Rules for boards of review
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Report to Parliament |
342. Annual report
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343. Permanent review of Act by parliamentary committee
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PART 12 |
CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE |
Consequential Amendments |
344. Access to Information Act
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345. Canada Shipping Act
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346. Criminal Code
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347. Food and Drugs Act
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348-349. Manganese-based Fuel Additives Act
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350-354. Motor Vehicle Safety Act
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Repeal |
355. Repeal
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Coming into Force |
356. Coming into force
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SCHEDULES 1 TO 6
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