Bill C-32
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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- making 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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Establish- ment 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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Establish- ment 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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Report to Parliament |
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Annual report
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342. (1) The Minister shall, as soon as
possible after the end of each fiscal year,
prepare and cause to be laid before Parliament
a report on the administration and
enforcement of this Act for that year.
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Research
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(2) The Minister shall include in the annual
report a report on the research conducted
under the authority of this Act during the fiscal
year being reported.
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Permanent
review of Act
by
parliamentary
committee
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343. (1) The administration of this Act
shall, every five years after the coming into
force of this Act, be reviewed by the
committee of the House of Commons, or of
both Houses of Parliament, that may be
designated or established by Parliament for
that purpose.
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Review and
report
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(2) The committee designated or
established by Parliament for the purpose of
subsection (1) shall undertake a
comprehensive review of the provisions and
operation of this Act and shall, within a year
after the review is undertaken or within any
further time that the House of Commons may
authorize, submit a report to Parliament
thereon including a statement of any changes
to this Act or its administration that the
committee would recommend.
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PART 12 |
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CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE |
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Consequential Amendments |
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R.S., c. A-1
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Access to Information Act
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R.S., c. 16
(4th Supp.),
s. 140
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344. Schedule II to the Access to
Information Act is amended by striking out
the reference to
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Canadian Environmental Protection Act
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and the corresponding reference to
``sections 20 and 21''.
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R.S., c. S-9
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Canada Shipping Act
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1993, c. 36,
s. 4
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345. Subsection 656(2) of the Canada
Shipping Act is replaced by the following:
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Discharges
permitted
under
Canadian
Environ- mental Protection Act, 1999
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(2) Notwithstanding any regulation made
under subsection (1), a discharge of a pollutant
from a ship is permitted if done in accordance
with a permit granted under Division 3 of Part
7 of the Canadian Environmental Protection
Act, 1999 .
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R.S., c. C-46
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Criminal Code
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346. Item 72 of the schedule to Part XX.1
of the Criminal Code, as enacted by section
4 of An Act to amend the Criminal Code
(mental disorder) and to amend the National
Defence Act and the Young Offenders Act in
consequence thereof, being chapter 43 of the
Statutes of Canada, 1991, is replaced by the
following:
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72. Section 274 - damage to
environment and death or harm to persons
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R.S., c. F-27
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Food and Drugs Act
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347. Subsection 30(1) of the Food and
Drugs Act is amended by adding the
following after paragraph (l):
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1997, c. 11
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Manganese-based Fuel Additives Act
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348. Section 13 of the Manganese-based
Fuel Additives Act and the heading before it
are replaced by the following:
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