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Bill C-32

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	(f) respecting the monitoring of disposal sites;
	(g) specifying, for the purpose of paragraph 122(2)(e), areas of the sea adjacent to areas referred to in any of paragraphs 122(2)(a) to (d);
	(h) limiting the quantity or concentration of a substance contained in waste or other matter for disposal; and
	(i) prescribing any other thing that by this Division is to be prescribed.
Amendments to Schedules 5 and 6	(2) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedules 5 and 6.
Regulations	(3) The Minister may make regulations
	(a) prescribing the form of an application for a Canadian permit; and
	(b) specifying the information required to be contained in or to accompany an application for a Canadian permit.
	Costs and Expenses of the Crown
Costs and expenses recoverable	136. If the Minister directs an action to be taken by or on behalf of Her Majesty in right of Canada to remedy a condition or mitigate damage resulting from an offence under this Act that arises out of this Division, the costs and expenses of and incidental to taking that action, to the extent that they can be established to have been reasonably incurred in the circumstances, are recoverable by Her Majesty in right of Canada from the person who committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.
	Service of Documents
Manner of service	137. Except where otherwise provided by any rules of the Federal Court that are applicable to proceedings arising out of this Division, any document that, for the purposes of any such proceedings, is to be served on a person may be served
	(a) in any case, by delivering a copy of the document personally to the person to be served or, if the person cannot be found, by leaving a copy at their latest known address;
	(b) if the document is to be served on the master of a ship or on any other person employed on a ship and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document for the master or other person on board the ship with the person who is, or appears to be, in command or charge of the ship;
	(c) if the document is to be served on the pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document with the person who is, or appears to be, in charge of the aircraft; and
	(d) if the document is to be served on a person in their capacity as owner or master of a ship or owner or pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a) and the ship or aircraft is within an area of the sea referred to in any of paragraphs 122(2)(a) to (e) or in Canada, by leaving a copy of the document with any agent of the owner residing in Canada or, where no such agent is known or can be found, by affixing a copy of it to a prominent part of the ship or aircraft.
	DIVISION 4
	FUELS
	Interpretation
Definitions	138. The definitions in this section apply in this Division.
``engine'' « moteur »	``engine'' means a device that transforms one form of energy into another.
``national fuels mark'' « marque nationale »	``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) 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) directly or indirectly, the fuel or any of its components ; or
	(b) the fuel's effect on the operation, performance or introduction of combustion or other engine 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.

Bill C-32

DIVISION 4

FUELS