Bill C-235
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2nd Session, 37th Parliament, 51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-235 |
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An Act to protect human health and the
environment by oxygenating automotive
fuels
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| Preamble
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Whereas there is a growing body of
scientific evidence that human health and the
environment are harmed or may be harmed by
gasoline and diesel fuel containing less than a
specified amount of oxygen;
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Whereas the Government of Canada
committed itself at the United Nations
Conference on Environment and
Development in 1992 to applying the
precautionary principle;
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And Whereas on the basis of the
precautionary principle, it is imperative for
the Parliament of Canada to take immediate
action to protect human health and the
environment by banning these harmful or
potentially harmful automotive fuels;
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Now, Therefore, Her Majesty, by and with the
advice and consent of the Senate and House of
Commons of Canada, enacts as follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Automotive
Pollution Reduction Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``diesel fuel'' « carburant diesel »
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``diesel fuel'' means any fuel that is suitable
for use in internal combustion engines of
the compression-ignition type but does not
include fuel oil that is intended for use and
is actually used as heating oil.
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| ``gasoline'' « essence »
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``gasoline'' means gasoline type fuels for use
in internal combustion engines that are not
of the compression-ignition type but does
not include gasoline type fuels used in
aircraft engines.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of the
Environment.
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| ``offence'' « infraction »
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``offence'' means an offence under this Act.
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| ``precautionar
y principle'' « principe de prudence »
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``precautionary principle'' means the
principle that, where there is a threat of
serious harm or irreversible damage to
human health or the environment, lack of
scientific certainty shall not be used as a
reason for postponing measures to deal with
the threat.
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PURPOSE |
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| Purpose
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3. The purpose of this Act is to protect
human health and the environment by
requiring the use or sale of gasoline and diesel
fuel described in section 12, in application of
the precautionary principle.
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USE AND SALE OF CERTAIN GASOLINE AND DIESEL FUEL PROHIBITED |
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| Prohibition
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4. Despite any other Act of Parliament or
any regulation under an Act of Parliament, no
person shall produce or import for use or sale
in Canada or sell or offer for sale in Canada
any gasoline or diesel fuel that has an oxygen
content of less than 2.7 per cent by weight.
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POWERS OF THE MINISTER |
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| Powers
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5. The Minister may require any person who
produces or imports any gasoline or diesel fuel
for use or sale in Canada or who sells or offers
for sale any gasoline or diesel fuel in Canada
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OFFENCES AND PUNISHMENT |
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| Offences
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6. (1) Every person who
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is guilty of an offence and liable on summary
conviction to a fine not exceeding one
hundred thousand dollars.
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| Continuing
offence
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(2) A person who commits or continues an
offence on more than one day is liable to be
convicted for a separate offence for each day
on which the offence is committed or
continued.
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| Officers, etc.
of
corporations
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7. If a corporation commits an offence, any
officer, director or agent of the corporation
who directed, authorized, assented to, or
acquiesced or participated in, the commission
of the offence is a party to and guilty of the
offence and is liable on conviction to the
punishment provided for the offence.
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| Offences by
employees or
agents
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8. In any prosecution for an offence, it is
sufficient proof of the offence to establish that
it was committed by an employee or agent of
the accused, whether or not the employee or
agent is identified or has been prosecuted for
the offence.
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| Defence of
due diligence
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9. No person may be found guilty of an
offence if the person establishes that he or she
exercised all due diligence to prevent its
commission.
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| Limitation
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10. (1) Proceedings in respect of an offence
may be instituted at any time within, but not
later than, two years after the time when the
Minister became aware of the subject-matter
of the proceedings.
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| Minister's
certificate
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(2) A document purporting to have been
issued by the Minister, certifying the day on
which the Minister became aware of the
subject-matter of any proceedings, shall be
received in evidence and, in the absence of
any evidence to the contrary, the document
shall be considered as conclusive proof of that
fact without proof of the signature or of the
official character of the person appearing to
have signed the document and without further
proof.
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PARAMOUNTCY |
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| Paramountcy
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11. In the event of any inconsistency
between the provisions of this Act and the
provisions of any other Act of Parliament, the
provisions of this Act prevail to the extent of
the inconsistency.
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TRANSITIONAL PROVISION |
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| Seller must
make
oxygenated
fuel available
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12. A person who, on or after July 1, 2004,
sells or offers for sale in Canada gasoline or
diesel fuel must offer the following products
for sale:
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COMING INTO FORCE |
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| Coming into
force
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13. (1) The provisions of this Act, other than
section 4, come into force on July 1, 2004.
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| Coming into
force
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(2) Section 4 comes into force on July 1,
2006.
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