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Bill C-32

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Economic Instruments

Guidelines, programs and other measures

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

    (a) deposits and refunds; and

    (b) tradeable units.

Consultation

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.

Minister may act

(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.

Publication of guidelines and programs

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.

Regulations for systems relating to deposits and refunds

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,

    (a) deposits, including the amount of any deposit and the substance, product containing a substance or activity in relation to which a deposit is required, the conditions for the use of a deposit and the conditions for and manner of paying a deposit;

    (b) the period during which a deposit may be held;

    (c) refunds, including the amount of any refund and the substance, product containing a substance or activity in relation to which a refund may be granted and the conditions for and manner of paying a refund;

    (d) the establishment of a fund for deposits, and the operation, management and administration of the fund;

    (e) the designation of a person to administer the fund for deposits and the conditions for the designation;

    (f) reports and forms related to deposits, refunds and the fund for deposits;

    (g) the maintenance of books and records for the administration of any regulation made under this section; and

    (h) the forfeiture of deposits, including unclaimed deposits and the conditions under which and the circumstances in which deposits may be forfeited.

Regulations for tradeable units systems

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,

    (a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established;

    (b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system;

    (c) the description and nature of a tradeable unit, including allowances, credits or coupons;

    (d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits;

    (e) the conditions related to the creation, distribution, exchange, sale, use, variation or cancellation of a tradeable unit;

    (f) the creation, operation and management of a public registry related to the system;

    (g) the conditions for the use of and participation in the system, including environmental or temporal limits;

    (h) reports and forms related to the system; and

    (i) the maintenance of books and records for the administration of any regulation made under this section.

Ministerial orders

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

    (a) has or may have an immediate or long-term harmful effect on the environment;

    (b) constitutes or may constitute a danger to the environment on which human life depends; or

    (c) constitutes or may constitute a danger in Canada to human life or health.

Regulations Respecting Fees and Charges

Services and facilities

328. (1) Subject to subsection (2), the Minister may make regulations

    (a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for a service, the use of a facility or any right, privilege, process or approval;

    (b) prescribing the persons or classes of persons by whom or on whose behalf the fees are to be paid and requiring the fees to be paid by those persons or classes of persons;

    (c) exempting any person or class of persons from the requirement to pay any of those fees; and

    (d) generally, in respect of any condition or any other matter in relation to the payment of fees for a service, facility, right, privilege, process or approval referred to in paragraph (a).

Appropriate Minister

(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.

Amount not to exceed cost

(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.

Amount

(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.

Consultation

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.

General Regulation-making Powers and Exemptions

Exercise of regulation-
making power

330. (1) The Governor in Council may, in the exercise of any regulation-making power under this Act in respect of a substance, prescribe

    (a) the minimum, average or maximum quantity or concentration of the substance; and

    (b) the method of determining such a quantity or concentration.

Incorporation by reference

(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.

Application throughout Canada

(3) Except as provided in subsection (3.1), a regulation under this Act applies throughout Canada.

Limited geographical application

(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.

Manner of service

(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.

Exemption from Statutory Instruments Act

331. An interim order made under section 94, 163, 173 or 183

    (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

    (b) shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council.

Prepublication Requirements

Publication of proposed orders and regulations

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.

Notice of objection

(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.

Single publication required

(3) No order, regulation or instrument need be published more than once under subsection (1), whether or not it is altered after publication.

Board of Review Proceedings

Establish-
ment of board of review

333. (1) Where a person files a notice of objection under subsection 77(8) or 332(2) in respect of

    (a) a decision or a proposed order, regulation or instrument made by the Governor in Council, or

    (b) a decision or a proposed order or instrument made by either or both Ministers,

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.

Establish-
ment of board of review

(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.

Mandatory review for international air and water

(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.

Mandatory reviews for certain regulations

(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.

Review for permits

(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.

Mandatory review for toxics

(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.

Number of members of board

334. (1) A board of review shall consist of not fewer than three members.

Knowledge requirement

(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.

Appearance before board

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.

Withdrawal of notice of objection

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.

Powers of board

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.

Costs

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.

Payment

(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.

Absent member of board

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.

Report

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.

Publication of report

(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.

Rules for boards of review

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

    (a) for regulating the proceedings of the boards;

    (b) for regulating the conduct of hearings, including the presentation of evidence, the making of representations, the holding of hearings, the length of hearings and the date on or before which the boards shall report;

    (c) fixing the remuneration of board members and the travel and living expenses to which they are entitled;

    (d) prescribing the criteria to be considered by boards in directing interim or final costs to be paid, taxed and allowed and prescribing a scale under which costs are to be taxed; and

    (e) generally, for regulating the conduct and work of the boards.

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