Bill C-32
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Economic Instruments |
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Guidelines,
programs and
other
measures
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322. The Minister may establish guidelines,
programs and other measures for the
development and use of economic instruments
and market-based approaches to further the
purposes of this Act, respecting systems
relating to
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Consultation
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323. (1) In carrying out the responsibilities
conferred by section 322, 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 quality of the environment or the
preservation and improvement of public
health.
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Minister may
act
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(2) At any time after the 60th day following
the day on which the Minister offers to consult
in accordance with subsection (1), the
Minister may act under section 322 if the offer
to consult is not accepted by the government
of a province or members of the Committee
who are representatives of aboriginal
governments.
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Publication of
guidelines and
programs
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324. The Minister shall publish any
guidelines, programs and other measures
established under section 322, or shall give
notice of their availability, in the Canada
Gazette and in any other manner that the
Minister considers appropriate.
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Regulations
for systems
relating to
deposits and
refunds
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325. The Governor in Council may, in the
exercise of a regulation-making power under
section 93, 118 or 209, make regulations
respecting systems relating to deposits and
refunds, including, but not limited to,
regulations providing for, or imposing
requirements respecting,
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Regulations
for tradeable
units systems
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326. The Governor in Council may, in the
exercise of a regulation-making power under
section 93, 118, 140, 167, 177 or 209, make
regulations respecting systems relating to
tradeable units, including regulations
providing for, or imposing requirements
respecting,
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Ministerial
orders
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327. Despite any regulation made under
section 326, the Minister may issue an order
setting conditions in respect of the trading or
suspend or cancel trading of tradeable units or
invalidate any trade of tradeable units where
the Ministers are of the opinion that the trade
or use of a tradeable unit
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Regulations Respecting Fees and Charges |
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Services and
facilities
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328. (1) Subject to subsection (2), the
Minister may make regulations
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Appropriate
Minister
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(2) For the purpose of subsection (1), where
the Minister or the Minister of Health or both
Ministers have responsibility for a service,
facility, right, privilege, process or approval
referred to in paragraph (1)(a), that Minister or
both Ministers, as the case may be, have the
power to make the regulations under
subsection (1) in relation to that service,
facility, right, privilege, process or approval.
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Amount not to
exceed cost
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(3) Fees for a service or the use of a facility
that are prescribed by or under regulations
made under subsection (1) may not exceed the
cost to Her Majesty in right of Canada of
providing the service or the use of the facility.
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Amount
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(4) Fees for processes or approvals that are
prescribed by or under regulations made under
subsection (1) shall in the aggregate not
exceed an amount sufficient to compensate
Her Majesty in right of Canada for any
reasonable costs incurred by Her Majesty for
the purpose of providing the processes or
approvals.
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Consultation
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329. The Minister making a regulation
under section 328 shall do so after consulting
with any persons or organizations that the
Minister considers to be interested in the
matter.
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General Regulation-making Powers and Exemptions |
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Exercise of
regulation-ma
king power
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330. (1) The Governor in Council may, in
the exercise of any regulation-making power
under this Act in respect of a substance,
prescribe
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Incorporation
by reference
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(2) For greater certainty, a regulation made
under this Act incorporating by reference a
standard, specification, guideline, method,
procedure or practice may incorporate the
standard, specification, guideline, method,
procedure or practice as amended from time to
time.
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Application
throughout
Canada
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(3) Except as provided in subsection (3.1),
a regulation under this Act applies throughout
Canada.
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Limited
geographical
application
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(3.1) A regulation made under section 93,
140, 167 or 177 may be made applicable in
only a part or parts of Canada in order to
protect the environment or its biological
diversity or human health.
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Manner of
service
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(4) The Minister may make regulations
respecting the manner of providing or serving
orders, copies of orders, notices or other
documents that are to be provided under this
Act.
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Exemption
from
Statutory
Instruments
Act
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331. An interim order made under section
94, 163, 173 or 183
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Prepublication Requirements |
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Publication of
proposed
orders and
regulations
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332. (1) The Minister shall publish in the
Canada Gazette a copy of every order or
regulation proposed to be made by the
Minister or the Governor in Council under this
Act, except a list or an amendment to a list
referred to in section 66, 87, 105 or 112.
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Notice of
objection
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(2) Within 60 days after the publication of
a proposed order or regulation in the Canada
Gazette under subsection (1) or a proposed
instrument respecting preventive or control
actions in relation to a substance that is
required by section 91 to be published in the
Canada Gazette, any person may file with the
Minister comments with respect to the order,
regulation or instrument or a notice of
objection requesting that a board of review be
established under section 333 and stating the
reasons for the objection.
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Single
publication
required
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(3) No order, regulation or instrument need
be published more than once under subsection
(1), whether or not it is altered after
publication.
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Board of Review Proceedings |
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Establishment
of board of
review
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333. (1) Where a person files a notice of
objection under subsection 77(8) or 332(2) in
respect of
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the Minister or the Ministers may establish a
board of review to inquire into the nature and
extent of the danger posed by the substance in
respect of which the decision is made or the
order, regulation or instrument is proposed.
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Establishment
of board of
review
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(2) Where a person files a notice of
objection under subsection 9(3) or 10(5) in
respect of an agreement or a term or condition
of the agreement, the Minister may establish
a board of review to inquire into the matter.
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Mandatory
review for
international
air and water
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(3) Where a person or government files with
the Minister a notice of objection under
subsection 332(2) with respect to regulations
proposed to be made under section 167 or 177
within the time specified in that subsection,
the Minister shall establish a board of review
to inquire into the nature and extent of the
danger posed by the release into the air or
water of the substance in respect of which the
regulations are proposed.
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Mandatory
reviews for
certain
regulations
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(4) Where a person files with the Minister
a notice of objection under subsection 332(2)
with respect to regulations proposed to be
made under Part 9 or section 118 within the
time specified in that subsection, the Minister
shall establish a board of review to inquire into
the matter raised by the notice.
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Review for
permits
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(5) Where a person files with the Minister
a notice of objection under section 134 within
the time specified in that section, the Minister
may establish a board of review to inquire into
the matter raised by the notice.
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Mandatory
review for
toxics
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(6) Where a person files with the Minister
a notice of objection under section 78 in
respect of the failure to make a determination
about whether a substance is toxic, the
Minister shall establish a board of review to
inquire into whether the substance is toxic or
capable of becoming toxic.
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Number of
members of
board
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334. (1) A board of review shall consist of
not fewer than three members.
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Knowledge
requirement
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(2) A person is not eligible to be appointed
as a member of a board of review unless the
person is knowledgeable about the Canadian
environment, environmental and human
health or traditional aboriginal ecological
knowledge.
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Appearance
before board
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335. A board of review shall give any
person or government a reasonable
opportunity, consistent with the rules of
procedural fairness and natural justice, of
appearing before it, presenting evidence and
making representations.
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Withdrawal of
notice of
objection
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336. Where a notice of objection referred to
in section 333 is withdrawn by the person who
filed it and no other notice of objection is filed
in respect of the same matter, the Minister or
Ministers may dissolve a board of review
established in respect of the notice of
objection.
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Powers of
board
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337. For the purposes of an inquiry under
this Act, a board of review has all the powers
of a person appointed as a commissioner under
Part I of the Inquiries Act.
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Costs
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338. (1) A board of review may award costs
of, and incidental to, any proceedings before
it on a final or interim basis and those costs
may be fixed at a sum certain or may be taxed.
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Payment
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(2) A board of review may, in accordance
with the rules, direct by whom and to whom
any costs are to be paid and by whom they are
to be taxed and allowed.
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Absent
member of
board
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339. Where a member of a board of review
is absent or unable to proceed with or
complete an inquiry, the remaining members
of the board may, if there is still a quorum,
proceed with or complete the inquiry.
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Report
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340. (1) As soon as possible after the
conclusion of an inquiry, a board of review
shall submit a report to the Minister or the
Ministers who established the board, together
with its recommendations and the evidence
that was presented to it.
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Publication of
report
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(2) The report of the board of review shall
be made public immediately after its receipt
by the Minister or Ministers, subject to section
314 or the conditions of any other Act of
Parliament.
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Rules for
boards of
review
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341. The Minister or the Ministers may,
with respect to boards of review that the
Minister or the Ministers establish, make rules
of either particular or general application
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