Bill C-32
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If notice
previously
given
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(3) A company is not required to cause
notice to be given of a defect of which notice
has already been given under this section or
under section 10 of the Motor Vehicle Safety
Act.
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Publication of
notice
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(4) If the Minister is satisfied that the name
of the current owner of the vehicle, engine or
equipment cannot reasonably be determined
by a company in accordance with subsection
(2), the Minister may
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Contents of
notice
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(5) A notice required to be given under
subsections (1) and (4) shall contain, in the
form and to the extent prescribed, a
description of the defect, an evaluation of the
pollution risk arising from it and directions for
correcting it.
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Particulars to
responsible
authorities
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(6) On receiving a notice under subsection
(1), the Minister shall forward full particulars
of the notice to the person responsible for
vehicle or engine administration in each
government.
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Follow-up
reports
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(7) Every company that causes notice to be
given under subsection (1) shall submit an
initial report and subsequent regular reports
respecting the defect and its correction in
accordance with the regulations.
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Frequency of
reports
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(8) Unless the Minister directs otherwise,
the reports referred to in subsection (7) shall
be submitted for a period of two years after the
day on which notice was given under
subsection (1).
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Research and Testing
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Powers of
Minister
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158. The Minister may
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Emission
control tests
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159. (1) At the request of the Minister and
subject to payment by the Minister of the cost
of transportation and of rental at a prescribed
rate based on capital value, a company shall
make available for testing any vehicle,
engine, equipment or component that
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Testing by
Minister
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(2) The Minister may examine and
dismantle any vehicle, engine, equipment or
component made available under subsection
(1) and conduct all necessary tests to verify the
accuracy of tests referred to in paragraph
(1)(a).
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Detention of
vehicles or
engines
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(3) The Minister may not detain any
vehicle, engine, equipment or component for
more than 30 days after completion of the tests
conducted under subsection (2) unless, before
that time, proceedings have been instituted in
respect of an offence related to the vehicle,
engine, equipment or component, in which
case it may be detained until the proceedings
are concluded.
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Regulations
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Regulations
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160. (1) The Governor in Council may, on
the recommendation of the Minister, make
regulations for carrying out the purposes and
provisions of this Division, including
regulations
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Progressive
application
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(2) Regulations prescribing a standard may
be made applicable in respect of a specified
proportion of vehicles, engines or equipment
of a class before they are made applicable in
respect of all vehicles, engines or equipment
of that class.
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Definition of
``technical
standards
document''
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161. (1) In this section, ``technical
standards document'' means a document,
published in the prescribed manner by
authority of the Minister, that reproduces in
the official languages of Canada an enactment
of a foreign government with any adaptations
of form and reference that will facilitate the
incorporation of the enactment under this
section.
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Incorporation
of document
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(2) For greater certainty, regulations made
under this Division may incorporate by
reference a technical standards document as it
reads on a prescribed day or as it is amended
from time to time following the incorporation
by reference, and may extend, qualify or
exclude the application of any provision of the
document so incorporated.
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Publication
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(3) No person is required to comply with a
provision of a technical standards document
incorporated by the regulations until six
months after the publication of the provision
in the prescribed manner, if the person
continues to comply with the provision for
which that provision is substituted.
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Document not
a regulation
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(4) A technical standards document is not a
regulation for the purposes of the Statutory
Instruments Act.
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Emission
credits
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162. (1) Regulations that prescribe
standards in relation to emissions may provide
for a system of credits based on the following
principles:
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Deemed
conformity to
standard
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(2) Regulations referred to in subsection (1)
may provide that any vehicle, engine or
equipment is deemed to conform to a standard
if the application of those regulations to all
vehicles, engines or equipment of its class sold
in Canada and the United States would result
in that vehicle, engine or equipment so
conforming.
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Emission
report
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(3) Every company shall submit to the
Minister, in the prescribed form and manner
and at the prescribed time, a report setting out,
with respect to a prescribed period, an account
of any emission credits obtained or applied by
the company and a description of each of the
following vehicles, engines or pieces of
equipment for which credits were obtained or
applied:
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Contents of
report
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(4) If credits applied under this section were
obtained on the basis of emissions from
vehicles, engines or equipment not referred to
in paragraph (3)(a), (b) or (c), the report
submitted in respect of the application of those
credits shall include a description of those
vehicles, engines or equipment.
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Interim order
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163. (1) If an enactment of a foreign
government corresponds to the regulations
made under this Division and that enactment
is amended by that government or its
operation is affected by a decision of a foreign
court, the Minister may issue an interim order
suspending or modifying the operation of the
regulations to the extent that they are
inconsistent with the enactment as amended
or given effect.
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Effective date
of order
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(2) An interim order has effect from the
time it is made.
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Approval of
Governor in
Council
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(3) An interim order ceases to have effect 14
days after it is made unless it is approved by
the Governor in Council within that period.
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Contraven- tion of regulation modified by an unpublished order
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(4) No person shall be convicted of an
offence consisting of a contravention of a
regulation to the extent that it is modified or
suspended by an interim order that, at the time
of the alleged contravention, had not been
published in the Canada Gazette unless it is
proved that, at the time of the alleged
contravention, the person had been notified of
the interim order.
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Cessation of
effect
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(5) Subject to subsection (3), an interim
order ceases to have effect on the earliest of
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Evidence
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Evidence
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164. In a prosecution under this Act,
evidence that any vehicle, engine or
equipment bore a name or mark purporting to
be the name or mark of a company engaged in
the business of manufacturing, importing or
selling vehicles, engines or equipment is, in
the absence of evidence to the contrary, proof
that the vehicle, engine or equipment was
manufactured, imported or sold, as the case
may be, by the company.
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Evidence
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165. In a prosecution under this Act,
evidence that any vehicle, engine or
equipment bearing a national emissions mark
was manufactured by a company is, in the
absence of evidence to the contrary, proof that
the national emissions mark was applied by
the company.
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DIVISION 6 |
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INTERNATIONAL AIR POLLUTION |
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Determi- nation of international air pollution
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166. (1) Subject to subsection (4), the
Minister shall act under subsections (2) and
(3) only if the Ministers have reason to believe
that a substance released from a source in
Canada into the air creates, or may reasonably
be anticipated to contribute to
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Consultation
with other
governments
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(2) If the source referred to in subsection (1)
is not a federal source, the Minister shall
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Ministerial
action
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(3) If the source referred to in subsection (1)
is a federal source or if the government
referred to in paragraph (2)(a) cannot prevent,
control or correct the air pollution under its
laws or does not do so, the Minister shall take
at least one of the following courses of action:
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Reciprocity
with other
country
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(4) If the air pollution referred to in
paragraph (1)(a) is in a country where Canada
does not have substantially the same rights
with respect to the prevention, control or
correction of air pollution as that country has
under this Division, the Minister shall decide
whether to act under subsections (2) and (3) or
to take no action at all.
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Other factors
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(5) When recommending regulations under
paragraph (3)(b), the Minister shall take into
account comments made under subsection
168(2), notices of objection filed under
subjection 332(2) and any report of a board of
review submitted under subsection 340(1).
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Regulations
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167. The Governor in Council may, on the
recommendation of the Minister, make
regulations with respect to a substance
released from a source in Canada into the air
that creates, or may reasonably be anticipated
to contribute to air pollution referred to in
subsection 166(1) for the purpose of
preventing, controlling or correcting the air
pollution, including regulations respecting
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Notice to
other country
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168. (1) The Minister shall advise the
government of any country that would be
affected by or benefit from the regulation
before it is published under subsection 332(1).
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Comments
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(2) Within 60 days after the publication of
a proposed regulation under subsection
332(1), any person, including a representative
of the government of any country that would
be affected by or benefit from it, may file with
the Minister written comments on the
proposed regulation.
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Notice to
other
governments
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(3) At the end of the period of 60 days
referred to in subsection (2), the Minister
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Report and
remedial
measures
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169. (1) Where there occurs or there is a
likelihood of a release into the air of a
substance in contravention of a regulation
made under section 167, any person described
in subsection (2) shall, as soon as possible in
the circumstances,
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