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Bill C-30

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1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-30

An Act to amend the Canadian Environmental Protection Act, 1999, the Energy Efficiency Act and the Motor Vehicle Fuel Consumption Standards Act (Canada’s Clean Air Act)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as Canada’s Clean Air Act.

PART 1

1999, c. 33

AMENDMENTS TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

2. The preamble of the Canadian Environmental Protection Act, 1999 is amended by adding the following after the ninth paragraph:

Whereas the Government of Canada recognizes that air pollutants and greenhouse gases constitute a risk to the environment and its biological diversity and to human health, and are matters of national and international concern which cannot be contained within geographic boundaries;

3. (1) Paragraph (b) of the definition “air pollution” in subsection 3(1) of the Act is repealed.

(2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:

“air”
« air »

“air” includes indoor air.

“air pollutant”
« polluant de l’air »

“air pollutant” means the following substances:

(a) respirable particulate matter less than or equal to 10 microns;

(b) ozone, which has the molecular formula O₃;

(d) nitric oxide, which has the molecular formula NO;

(e) nitrogen dioxide, which has the molecular formula NO₂;

(f) volatile organic compounds that participate in atmospheric photochemical reactions, excluding those listed in Schedule 3.1;

(g) gaseous ammonia, which has the molecular formula NH₃(g);

(h) mercury; and

(i) any other substance prescribed under subsection 103.09(1).

“greenhouse gas”
« gaz à effet de serre »

“greenhouse gas” means the following substances:

(a) carbon dioxide, which has the molecular formula CO₂;

(b) methane, which has the molecular formula CH₄;

(d) hydrofluorocarbons that have the molecular formula C_nH_xF_(2n+2-x) in which 0<n<6;

(e) the following perfluorocarbons:

(i) those that have the molecular formula C_nF_2n+2 in which 0<n<7, and

(ii) octafluorocyclobutane, which has the molecular formula C₄F₈;

(f) sulphur hexafluoride, which has the molecular formula SF₆; and

(g) any other substance prescribed under subsection 103.09(1).

(3) Section 3 of the Act is amended by adding the following after subsection (3):

Product that may release

(4) For the purposes of this Act, a product that may release a substance, including an air pollutant or greenhouse gas, means a product that may do so during a use for which the product was intended.

4. Paragraph 6(1)(a) of the Act is replaced by the following:

(a) to advise the Ministers on regulations proposed to be made under subsection 93(1) or 103.09(2);

5. (1) Subsections 10(1) to (9) of the Act are replaced by the following:

Non-application of regulations

10. (1) Except with respect to Her Majesty in right of Canada, the provisions of a regulation made under subsection 93(1), 103.09(2), 118(1), 140(1), 200(1) or 209(1) or (2) do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

Non-application of regulations

(2) Except with respect to a federal source, the provisions of a regulation made under section 167 or 177 do not apply within the jurisdiction of a government for which there is in force an order, made under subsection (3), declaring that the provisions do not apply within that jurisdiction.

Declaration of equivalent provisions

(3) Subject to subsections (4), (5) and (6), the Governor in Council may, on the recommendation of the Ministers, make an order declaring that the provisions of a regulation made under a provision referred to in subsection (1) or (2) do not apply in an area under the jurisdiction of a government, where the Ministers and the government agree in writing that there are in force by or under the laws applicable to the jurisdiction of the government

(a) provisions, the effects of which are equivalent to those of the regulation; and

(b) provisions, that are similar to sections 17 to 20 for the investigation of alleged offences under environmental legislation of that jurisdiction.

Publication of agreements

(4) The Ministers shall publish any agreement referred to in subsection (3) before it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Ministers consider appropriate.

Comments or objections

(5) Within 60 days after the publication of an agreement or notice of its availability under subsection (4), any person may file with the Ministers comments or a notice of objection.

Publication by Ministers of results

(6) After the end of the period of 60 days referred to in subsection (5), the Ministers shall publish in the Canada Gazette and in any other manner that the Ministers consider appropriate a report or a notice of the availability of a report that summarizes how any comments or notices of objection were dealt with.

Publication of final agreements

(7) The Ministers shall publish any agreement referred to in subsection (3) after it is entered into, or give notice of its availability, in the Canada Gazette and in any other manner that the Ministers consider appropriate.

Termination

(8) An agreement made under subsection (3) terminates at the time that is specified in the agreement or by either party giving the other at least three months’ notice.

Revocation of order

(9) The Governor in Council may, on the recommendation of the Ministers, revoke an order made under subsection (3) if the agreement referred to in that subsection terminates or is terminated.

(2) Section 10 of the Act is amended by adding the following after subsection (10):

Regulations

(11) The Governor in Council may, on the recommendation of the Minister, make regulations respecting the circumstances in which and the conditions under which equivalency agreements can be entered into.

6. Section 44 of the Act is amended by adding the following after subsection (4):

Pollution prevention

(5) The Ministers may conduct research and studies relating to the effectiveness of mitigation and control technologies and techniques related to pollution prevention.

7. (1) Paragraph 45(a) of the Act is replaced by the following:

(a) conduct research and studies relating to

(i) the role of substances or pollution in illnesses or in health problems,

(ii) the effects on human health from exposure to substances or pollution through the monitoring of biomarkers, and

(iii) mitigation and control technologies and techniques that are related to pollution prevention;

(2) Paragraph 45(c) of the Act is replaced by the following:

8. (1) Paragraph 46(1)(g) of the Act is replaced by the following:

(g) fuels that may contribute significantly to air pollution;

(g.1) substances or activities that may contribute to air pollution;

(2) Section 46 of the Act is amended by adding the following after subsection (1):

Verification

(1.1) A notice published under subsection (1) may require that any person described in the notice obtain an independent verification of the information before it is provided.

9. Subsection 54(4) of the French version of the Act is replaced by the following:

Publication

(4) Il publie les objectifs, directives ou codes de pratique établis au titre du présent article — ou en donne avis — dans la Gazette du Canada et de toute autre façon qu’il estime indiquée.

10. Subsection 56(1) of the Act is replaced by the following:

Requirement for pollution prevention plans

56. (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of a substance or group of substances specified on the List of Toxic Substances in Schedule 1, that is an air pollutant or greenhouse gas or to which subsection 166(1) or 176(1) applies.

11. Subsection 69(2.1) of the Act is replaced by the following:

Saving

(2.1) Nothing in subsection (2) shall prevent either Minister or both Ministers from exercising the powers under subsection (1) at any time after the 60th day following the day an offer is made under subsection (2).

2001, c. 34, s. 29(F)

12. (1) Subsection 71(1) of the Act is replaced by the following:

Notice requiring information, samples or testing

71. (1) Either Minister may, for the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1,

(a) publish in the Canada Gazette and in any other manner that the Minister publishing the notice considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance to notify that Minister that the person is or was during that period engaged in that activity;

(b) publish in the Canada Gazette and in any other manner that the Minister publishing the notice considers appropriate a notice requiring any person who is described in the notice to provide that Minister with any information and samples referred to in subsection (2) that may be in the person’s possession or to which the person may reasonably be expected to have access; and

(c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or any product that contains or may release into the environment the substance requiring the person to conduct toxicological and other tests that the Minister sending the notice may specify in the notice and submit the results of the tests to that Minister.

(2) The portion of subsection 71(2) of the English version of the Act before paragraph (a) is replaced by the following:

Contents of notice

(2) A notice published under paragraph (1)(b) may require any information and samples, including

(3) Section 71 of the Act is amended by adding the following after subsection (2):

Contents of notice for paragraph (1)(c)

(2.1) A notice sent under paragraph (1)(c) may specify the methods, test procedures and laboratory practices to be followed for conducting the sampling, analyzing, measuring, monitoring or quantifying of a substance in performing any test referred to in that paragraph.

(4) Subsection 71(4) of the Act is replaced by the following:

Extension of time

(4) Despite subsection (3), the Minister who published or sent the notice may, on request in writing from any person to whom a notice referred to in paragraph (1)(a), (b) or (c) has been directed or sent, extend the time or times within which the person shall comply with the notice.

Manner

(5) The notice may indicate the manner in which the information and samples are to be provided.

13. Section 72 of the Act is replaced by the following:

Exercise of power under paragraph 71(1)(c)

72. Neither Minister may exercise the power under paragraph 71(1)(c) in relation to a substance unless she or he has reason to suspect that the substance is toxic or capable of becoming toxic or it has been determined under this Act that the substance is toxic or capable of becoming toxic.

14. (1) Paragraphs 93(1)(f) and (g) of the Act are replaced by the following:

(f) the purposes for which the substance or a product that contains or may release it into the environment may be imported, manufactured, processed, used, offered for sale or sold;

(g) the manner in which and conditions under which the substance or a product that contains or may release it into the environment may be imported, manufactured, processed or used;

(2) Paragraphs 93(1)(l) to (r) of the Act are replaced by the following:

(l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product that contains or may release it into the environment;

(m) the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;

(n) the quantity or concentration of the substance that may be contained in or released from any product manufactured, imported, exported, offered for sale or sold in Canada;

(o) the manner in which, conditions under which and the purposes for which the substance or a product that contains or may release it into the environment may be advertised or offered for sale;

(p) the manner in which and conditions under which the substance or a product that contains or may release it into the environment may be stored, displayed, handled, transported or offered for transport;

(q) the packaging and labelling of the substance or a product that contains or may release it into the environment;

(r) the manner, conditions, places and method of disposal of the substance or a product that contains or may release it into the environment, including standards for the construction, maintenance and inspection of disposal sites;

15. Subsection 95(7) of the Act is replaced by the following:

Access to property

(7) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (5) may enter and have access to any place or property that is the location where a release occurs or is likely to occur or any place or property that is reasonably suspected to be affected by the release, and may do any reasonable things that may be necessary in the circumstances.

16. Subsection 98(1) of the French version of the Act is replaced by the following:

Recouvrement des frais par Sa Majesté

98. (1) Sa Majesté du chef du Canada peut recouvrer les frais directs et indirects occasionnés par la prise des mesures prévues au paragraphe 95(5) auprès des intéressés :

a) visés à l’alinéa 95(2)a);

b) visés à l’alinéa 95(2)b) dans la mesure où, sciemment ou par négligence, ils ont causé le rejet ou y ont contribué.

17. (1) The portion of section 99 of the Act before paragraph (a) is replaced by the following:

Remedial measures

99. Where, in respect of a substance or a product that contains or may release it into the environment, there is a contravention of this Part or any regulation made under this Part, the Minister may, in writing,

(2) Subparagraph 99(a)(ii) of the Act is replaced by the following:

(ii) mail a notice as described in subparagraph (i) to every manufacturer, processor, importer, distributor or retailer of the substance or product, or

18. The Act is amended by adding the following after section 103:

PART 5.1

CLEAN AIR

Purpose

103.01 The purpose of this Part is to promote the reduction of air pollution and to promote air quality in order to protect the environment and the health of all Canadians, especially that of the more vulnerable members of society.

General

Formulation of guidelines by the Ministers

103.02 (1) Either Minister or both Ministers, as the case may be, may issue guidelines for the purposes of the interpretation and application of the provisions of this Part for which they have responsibility.

Consultation

(2) In exercising the powers under subsection (1), either Minister or both Ministers 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 assessing and controlling air pollutants or greenhouse gases.

Saving

(3) Nothing in subsection (2) shall prevent either Minister or both Ministers from exercising the powers under subsection (1) at any time after the 60th day following the day an offer is made under subsection (2).

Guidelines public

(4) Guidelines issued under this section shall be made available to the public, and the Minister who issued the guidelines shall give notice of them in the Canada Gazette and in any other manner that that Minister considers appropriate.

Information Gathering

Research, investigation and evaluation

103.03 For the purpose of assessing whether a substance contributes to air pollution or is capable of contributing to air pollution, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including an air pollutant or greenhouse gas, either Minister may

(a) collect or generate data and conduct investigations respecting any matter in relation to the substance;

(b) correlate and evaluate any data collected or generated under paragraph (a) and publish results of any investigations carried out under that paragraph; and

(c) provide information and make recommendations respecting any matter in relation to the substance, including measures to control the presence of the substance in the air.

Notice to the Minister

103.04 Where a person

(a) imports, manufactures, transports, processes or distributes a substance for commercial purposes, or

(b) uses or releases a substance in a commercial manufacturing or processing activity,

and obtains information that reasonably supports the conclusion that the substance contributes to air pollution or is capable of contributing to air pollution, the person shall without delay provide the information to the Minister unless the person has actual knowledge that either Minister already has the information.

Notice requiring information, samples or testing

103.05 (1) For the purpose of assessing whether a substance contributes to air pollution or is capable of contributing to air pollution, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including an air pollutant or a greenhouse gas, either Minister may

(c) subject to section 103.06, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or any product that contains or may release the substance into the air requiring the person to conduct any test that the Minister sending the notice may specify in the notice and submit the results of the tests to that Minister.

Contents of notice for paragraph (1)(b)

(2) A notice published under paragraph (1)(b) may require any information and samples, including

(a) in respect of a substance or product that contains or may release the substance into the air, available toxicological information and other environmental or health-related information, available monitoring information, samples of the substance or product and information on the quantities, composition, uses and distribution of the substance or product; and

(b) in respect of a work, undertaking or activity, plans, specifications, studies and information on procedures.

Contents of notice for paragraph (1)(c)

(3) A notice sent under paragraph (1)(c) may specify the methods, test procedures and laboratory practices to be followed for conducting the sampling, analyzing, measuring, monitoring or quantifying of a substance in performing any test referred to in paragraph (1)(c).

Compliance with notice

(4) Every person to whom a notice referred to in subsection (1) is directed or sent shall comply with the notice within the time specified in the notice.

Extension of time

(5) Despite subsection (3), the Minister who published or sent the notice may, on request in writing from any person to whom a notice referred to in paragraph (1)(a), (b) or (c) has been directed or sent, extend the time or times within which the person shall comply with the notice.

Manner

(6) The notice may indicate the manner in which the information and samples are to be provided.

Requirement to retain information

(7) Any person required to provide either Minister with information under this section shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based, for a period of seven years from the date the information was provided.

Exercise of power under paragraph 103.05(1)(c)

103.06 Neither Minister may exercise the power under paragraph 103.05(1)(c) in relation to a substance or product unless she or he has reason to suspect that the substance or product contributes to air pollution or is capable of contributing to air pollution.

National Air Quality Objectives for Respirable Particulate Matter and Ozone

Air quality objectives

103.07 (1) For the purpose of carrying out the Ministers’ mandate related to promoting air quality, the Ministers shall issue air quality objectives respecting respirable particulate matter less than or equal to 10 microns and ozone within three years after the coming into force of this section.

Monitoring

(2) The Ministers shall monitor the attainment of the objectives referred to in subsection (1) and assess the effectiveness of measures taken by governments and the Government of Canada to attain those objectives.

Consultation

(3) In carrying out the duties under subsection (1), the Ministers 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 air quality.

Ministers may act

(4) At any time after the 60th day following the day on which the Ministers offer to consult in accordance with subsection (3), the Ministers may act under subsection (1) 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

(5) The Ministers shall publish any objectives issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Ministers consider appropriate.

Report to Parliament

(6) The Ministers shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before each House of Parliament a report for that year on

(a) air pollution or air quality, including the attainment of the objectives referred to in subsection (1);

(b) the effectiveness of measures taken by governments and the Government of Canada to attain those objectives; and

Projections

Publish projections

103.08 The Minister shall, in a manner that the Minister considers appropriate, publish projections of air pollution or air quality for any period that the Minister considers appropriate.

Regulatory Matters

Regulations — prescribing a substance

103.09 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations prescribing a substance as an air pollutant or a greenhouse gas, if the Governor in Council is satisfied that the substance contrib-utes to air pollution or is capable of contributing to air pollution.

Regulations

(2) The Governor in Council may, on the recommendation of the Ministers, make regulations with respect to any air pollutants or greenhouse gases, including regulations providing for, or imposing requirements respecting,

(a) the quantity or concentration of air pollutants or greenhouse gases that may be released into the air either alone or in combination with any other substance from any source or type of source;

(b) the commercial, manufacturing or processing activity in the course of which air pollutants or greenhouse gases may be released into the air;

(c) the manner in which and conditions under which air pollutants or greenhouse gases may be released into the air either alone or in combination with any other substance;

(d) the purposes for which air pollutants or greenhouse gases or a product that contains or may release either into the air may be imported, exported, manufactured, processed, used or sold;

(e) the manner in which and conditions under which air pollutants or greenhouse gases or a product that contains or may release either into the air may be imported, exported, manufactured, processed, used or sold;

(f) the quantities or concentrations of air pollutants or greenhouse gases that may be imported, exported, manufactured, processed, used or sold;

(g) the total, partial or conditional prohibition of the import, export, manufacture, processing, use or sale of air pollutants or greenhouse gases or a product that contains or may release either into the air;

(h) the total, partial or conditional prohibition of the import or export of a product that is intended to contain air pollutants or greenhouse gases;

(i) the quantity or concentration of air pollutants or greenhouse gases that may be contained in or released into the air from any product imported, exported, manufactured, processed, used or sold;

(j) the manner in which, conditions under which and purposes for which air pollutants or greenhouse gases or a product that contains or may release either into the air may be advertised;

(k) the manner in which and conditions under which air pollutants or greenhouse gases or a product that contains or may release either into the air may be stored, displayed, handled, transported or offered for transport;

(l) the packaging and labelling of air pollutants or greenhouse gases or a product that contains or may release either into the air;

(m) the manner, conditions, places and method of disposal of air pollutants or greenhouse gases or products that contain or may release either into the air, including standards for the construction, maintenance and inspection of disposal sites;

(n) the submission to either Minister, on request or at any prescribed times, of information relating to air pollutants or greenhouse gases;

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

(p) the monitoring and reporting to either Minister of the effects on the environment and human health from releases into the air of air pollutants or greenhouse gases;

(q) the sampling, analysing, testing, measuring, quantifying or monitoring of air pollutants or greenhouse gases and the submission of results to either Minister;

(r) the submission of samples of air pollutants or greenhouse gases to either Minister;

(s) the conditions, test procedures, laboratory practices and methodologies to be followed for conducting the sampling, analyzing, testing, measuring, quantifying or monitoring of air pollutants or greenhouse gases;

(t) the circumstances or conditions under which either Minister may, for the proper administration of this Act, modify

(i) any requirement for sampling, analysing, testing, measuring, quantifying or monitoring, or

(ii) the conditions, test procedures and laboratory practices for conducting any required sampling, analysing, testing, measuring, quantifying or monitoring; and

(u) any other matter that by this Part is to be defined or prescribed or that is necessary to carry out the purposes of this Part.

Advice by Committee

(3) Before a regulation is made under subsection (2), the Ministers shall give the Committee an opportunity to advise the Ministers.

Regulation under other Acts of Parliament

(4) The Governor in Council shall not make a regulation under subsection (2) if, in the opinion of the Governor in Council, the regulation regulates a matter that is regulated by or under any other Act of Parliament in a manner that provides sufficient protection to air quality and human health.

Factors to consider

(5) When acting under subsection (1) or (2), the Governor in Council or the Ministers may consider any factor or information that, in the opinion of the Governor in Council or the Ministers, is relevant including, but not limited to,

(a) the importance of promoting the continued improvement of air quality;

(b) the importance of maintaining the quality of the air in those regions of Canada where the air quality is good;

(c) the air quality objectives or guidelines issued by the Minister under paragraph 54(1)(a), (b) or (c) and by the Minister of Health under subsection 55(1);

(d) the air quality objectives referred to in subsection 103.07(1); and

(e) Canada’s international obligations in relation to the environment and human health.

Order

(6) The Governor in Council may, if satisfied that the inclusion of a substance listed in Schedule 3.1 is no longer necessary, on the recommendation of the Ministers, make an order deleting the substance from that Schedule.

Interim orders

103.1 (1) Either Minister may make an interim order in respect of a substance, and the order may contain any provision that may be contained in a regulation made under subsection 103.09(2), where the Ministers believe that

(a) the substance contributes to air pollution or is capable of contributing to air pollution, or is an air pollutant or greenhouse gas that is not adequately regulated; and

(b) immediate action is required to deal with a significant danger to the environment or to human life or health.

Effect of order

(2) Subject to subsection (3), an interim order has effect

(a) from the time it is made; and

(b) as if it were a regulation made under subsection 103.09(2).

Approval of Governor in Council

(3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.

Recommendation of regulations

(4) Where the Governor in Council approves an interim order, the Ministers shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Ministers intend to recommend to the Governor in Council that a regulation having the same effect as the order be made under subsection 103.09(2).

Contravention of unpublished order

(5) No person shall be convicted of an offence consisting of a contravention of 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 date of the alleged contravention, that person had been notified of the interim order.

Cessation of effect

(6) Subject to subsection (3), an interim order ceases to have effect on the earliest of

(a) the day it is repealed,

(b) the day a regulation referred to in subsection (4) is made, and

Release of Air Pollutants or Greenhouse Gases

Report and remedial measures

103.11 (1) Where there occurs or is a likelihood of a release into the air of an air pollutant or a greenhouse gas in contravention of a regulation made under subsection 103.09(2) or an order made under section 103.1, any person described in subsection (2) shall, as soon as possible in the circumstances,

(a) subject to subsection (3) and any regulations made under paragraph 103.13(b), notify an enforcement officer or any other person designated under the regulations and provide a written report on the matter to the enforcement officer or other person;

(b) take all reasonable measures consistent with the protection of the environment and public safety to prevent or stop the release; and

(c) make a reasonable effort to notify any member of the public who may be adversely affected by the release or likely release.

Application

(2) Subsection (1) applies to any person who

(a) owns or has the charge, management or control of a substance immediately before its release or likely release into the air; or

(b) causes or contributes to the release or increases the likelihood of a release.

Report to provincial official

(3) Where there are in force, by or under the laws of a province or an aboriginal government, provisions that the Governor in Council, by regulation, declares to be adequate for dealing with a release described in subsection (1), a report required by paragraph (1)(a) shall be made to a person designated by those provisions.

Intervention by enforcement officer

(4) Where any person described in subsection (2) fails to take any measures required under subsection (1), an enforcement officer may take those measures, cause them to be taken or direct any person referred to in subsection (2) to take them.

Limitation on power of direction

(5) A direction of an enforcement officer under subsection (4) that is inconsistent with a requirement imposed by or under any other Act is void to the extent of the inconsistency.

Access to property

(6) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (4) may enter or have access to any place or property that is the location where a release occurs or is likely to occur or any place or property that is reasonably suspected to be affected by the release, and may do any reasonable things that may be necessary in the circumstances.

Personal liability

(7) Any person, other than a person described in subsection (2), who provides assistance or advice in taking the measures required by subsection (1) or who takes any measures authorized under subsection (4) is not personally liable either civilly or criminally in respect of any act or omission committed in the course of providing assistance or advice or of taking any measures under those subsections, unless it is established that the person acted in bad faith.

Voluntary report

103.12 (1) Where a person has knowledge of the occurrence or likelihood of a release into the air of an air pollutant or a greenhouse gas in contravention of a regulation made under subsection 103.09(2) or an order made under section 103.1, but is not required to report the matter under this Act, the person may report any information relating to the release or likely release to an enforcement officer or to any person to whom a report may be made under section 103.11.

Request for confidentiality

(2) A person making a report under subsection (1) may request that their identity and any information that could reasonably reveal their identity not be released.

Requirement for confidentiality

(3) Where a person makes a request under subsection (2), no person shall release or cause to be released the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the release in writing.

Employee protection

(4) Despite any other Act, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that

(a) the employee has made a report under subsection (1);

(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or

(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act.

Regulations

103.13 The Governor in Council may make regulations

(a) designating persons for the purposes of paragraph 103.11(1)(a) and prescribing the form of the report to be made under that paragraph and the information to be contained in it;

(b) respecting the notification and reporting of a release;

(d) generally for carrying out the purposes and provisions of sections 103.11 and 103.12.

Recovery of reasonable costs and expenses by Her Majesty

103.14 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 103.11(4) from

(a) any person referred to in paragraph 103.11(2)(a); and

(b) any person referred to in paragraph 103.11(2)(b) to the extent that that person knowingly or negligently caused or contributed to the release.

Reasonably incurred

(2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

Joint and several liability

(3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection.

Limitation

(4) A person referred to in paragraph 103.11(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent to which the person knowingly or negligently caused or contributed to the release.

Procedure

(5) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

Recourse or indemnity

(6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

Limitation period

(7) Where events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or become evident to the Minister, whichever is later.

Minister’s certificate

(8) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as 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.

Remedial measures

103.15 Where, in respect of an air pollutant or greenhouse gas, or a product that contains or may release either into the air, there is a contravention of this Part or any regulation made under this Part, the Minister may, in writing,

(a) direct any manufacturer, processor, importer, retailer or distributor of the air pollutant, greenhouse gas or product to take any or all of the following measures:

(i) give public notice in a manner directed by the Minister of any danger to the environment or to human life or health posed by the air pollutant, greenhouse gas or product,

(ii) mail a notice described in subparagraph (i) to every manufacturer, processor, importer, distributor or retailer of the air pollutant, greenhouse gas or product, or

(iii) mail a notice described in subparagraph (i) to every person to whom the air pollutant, greenhouse gas or product is known to have been delivered or sold; and

(b) direct any manufacturer, processor, distributor, importer or retailer of the air pollutant, greenhouse gas or product to take any or all of the following measures:

(i) replace the air pollutant, greenhouse gas or product with a substance or product that does not pose a danger to the environment or to human life or health,

(ii) accept the return of the air pollutant, greenhouse gas or product from the purchaser and refund the purchase price, or

(iii) take any other measures for the protection of the environment or of human life or health.

19. The Act is amended by adding the following after section 138:

Information Gathering

Notice requiring testing

138.1 (1) For the purpose of assessing whether to control, or the manner in which to control, a fuel or an element, component or additive in a fuel, the Minister of Health may send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the fuel or element, component or additive requiring the person to conduct any research and studies on the effects of the fuel or element, component or additive, including the effects of their combustion, on human life or health and submit the results to the Minister of Health.

Contents of notice

(2) A notice sent under subsection (1) may specify the methods, test procedures and laboratory practices to be followed for conducting the sampling, analyzing, measuring, monitoring or quantifying of a fuel or an element, component or additive in a fuel in performing any research and studies referred to in that subsection.

Compliance with notice

(3) Every person to whom a notice referred to in subsection (1) is sent shall comply with the notice within the time specified in the notice.

Extension of time

(4) Despite subsection (3), the Minister of Health may, on request in writing from any person to whom a notice referred to in subsection (1) has been sent, extend the time or times within which the person shall comply with the notice.

Manner

(5) The notice may indicate the manner in which the information is to be provided.

Requirement to retain information

(6) Any person required to provide the Minister of Health with information under this section shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based, for a period of seven years from the date the information was provided.

20. Paragraphs 139(2)(b) to (d) of the Act are replaced by the following:

(b) subject to the regulations, 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 produced or imported and there is written evidence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold;

(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; or

(e) subject to the regulations, the total quantity of fuel produced or imported by that person is less than 400 cubic meters per year.

21. (1) Subsection 140(1) of the Act is amended by adding the following after paragraph (c):

(c.1) the manner in which and conditions under which fuels may be blended;

(2) Paragraph 140(1)(e) of the Act is replaced by the following:

(e) the keeping of books and records by persons who produce, sell, import or blend fuel;

(3) The portion of paragraph 140(1)(g) of the Act before subparagraph (i) is replaced by the following:

(g) the submission by persons who produce, sell, import or blend fuel of information regarding

(4) Subparagraph 140(1)(g)(iii) of the Act is replaced by the following:

(iii) the adverse effects from the use of the fuel, or any additive contained in the fuel, on the environment, on human life or health, on combustion technology and on emission control equipment, and

(5) Subsection 140(1) of the Act is amended by striking out the word “and” at the end of paragraph (i), by adding the word “and” at the end of paragraph (j) and by adding the following after paragraph (j):

(k) the submission of reports on the quantity of fuel produced or sold for export.

(6) Subsection 140(3) of the Act is replaced by the following:

Inoperability

(3) A regulation made under subsection (1) may make paragraphs 139(2)(b) to (e) inoperable in respect of the regulation.

Exemption

(3.1) Regulations made under subsection (1) may exempt from the provisions of a regulation certain fuels based on their use or conditions of use.

22. Paragraph 143(b) of the Act is replaced by the following:

(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), 103.09(2) or 140(1);

23. Section 146 of the Act is replaced by the following:

Variations

Variations in fuels

146. A regulation made under this Division may distinguish among fuels according to their manufacturing process, commercial designation, feedstocks, source, physical or chemical properties, class, use, conditions of use or place or time of year of use.

24. The portion of section 195 of the Act before paragraph (a) is replaced by the following:

Research

195. Despite subsection 36(3) of the Fisheries Act, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d), 103.09(2)(a), (b) and (c) and 209(2)(a), (b), (c) and (d), the Minister may

25. Paragraph 199(1)(a) of the Act is replaced by the following:

(a) a substance or group of substances on the List of Toxic Substances in Schedule 1 or an air pollutant or greenhouse gas; or

26. Paragraphs 218(1)(a) and (b) of the Act are replaced by the following:

(a) there can be found in the place a substance to which this Act applies or a product that contains or may release such a substance into the environment;

(b) a fuel to which this Act applies is being or has been produced or blended, or can be found, in the place;

27. Section 272 of the Act is amended by adding the following after subsection (2):

Penalty

(2.1) Despite subsection (2), every person who fails to remit a tradeable unit to the Minister, and in so doing commits an offence under subsection (1), is liable

(a) on conviction on indictment, to the prescribed fine, if applicable, or to imprisonment for a term of not more than three years, or to both; and

(b) on summary conviction, to the prescribed fine, if applicable, or to imprisonment for a term of not more than six months, or to both.

28. The Act is amended by adding the following after section 277:

Environmental Damages Fund

277.1 Subject to regulations made under section 278, all fines received by the Receiver General in respect of the commission of an offence under this Act or the execution of an order in relation to this Act shall be credited to the Environmental Damages Fund, an account in the accounts of Canada.

29. The Act is amended by adding the following after section 278:

Regulations

278.01 The Governor in Council may, in the exercise of a regulation-making power under section 326, make regulations prescribing the method of calculating the fine in respect of the offence referred to in subsection 272(2.1), including establishing a minimum and maximum amount payable for each tradeable unit that is not remitted to the Minister.

30. Subparagraph 296(1)(b)(i) of the Act is replaced by the following:

(i) paragraph 272(1)(a) or (b), in respect of subsection 16(4), 81(1), (2), (3) or (4), 82(1) or (2), 84(2) or 96(4), section 99, subsection 103.12(4), section 103.15, subsection 106(1), (2), (3) or (4), 107(1) or (2), 109(1) or (2), 119(1), 148(1), 202(4) or 213(4) or section 227 or 228,

31. Paragraph 310(2)(b) of the Act is replaced by the following:

(b) shall prescribe the fine to be paid or the method of calculating the fine; and

32. The portion of section 325 of the Act before paragraph (a) is replaced by the following:

Regulations for systems relating to deposits and refunds

325. The Governor in Council may, in the exercise of a regulation-making power under subsection 93(1) or 103.09(2) or section 118 or 209, make regulations respecting systems relating to deposits and refunds, including, but not limited to, regulations providing for, or imposing requirements respecting,

33. The portion of section 326 of the Act before paragraph (c) is replaced by the following:

Regulations for tradeable units systems

326. The Governor in Council may, in the exercise of a regulation-making power under subsection 93(1) or 103.09(2) or section 118, 140, 167, 177 or 209, make regulations respecting systems relating to tradeable units, including regulations providing for, or imposing requirements respecting,

(a) a substance, a product that contains or may release a substance into the environment or a work, undertaking, activity or source in relation to which the system is established;

(b) the methods and procedures for conducting the sampling, analyzing, testing, measuring, monitoring or quantifying under the system;

34. Subsection 330(3.1) of the Act is replaced by the following:

Variation

(3.1) A regulation made under subsection 93(1) or 103.09(2) or section 140, 167, 177 or 326 may be made applicable in only a part or parts of Canada, including any province, in order to protect the environment, its biological diversity or human health or to achieve national consistency in environmental quality.

Variation

(3.2) A regulation made under subsection 93(1) or 103.09(2) or section 167, 177 or 326 may distinguish among persons, works, undertakings or activities according to any factors that, in the opinion of the Governor in Council, will allow for the making of a regulation that provides for satisfactory protection of the environment or human life or health, including

(a) quantities of releases;

(b) production capacity;

(d) in the case of works or undertakings, the date of commencement of their operation or the date on which any major alterations are completed.

Limitation of Part 7

(3.3) Nothing in Part 7 shall be construed so as to prevent the making of regulations under Part 5 or 5.1.

2004, c. 15, s. 30

35. The portion of section 331 of the Act before paragraph (a) is replaced by the following:

Exemption from Statutory Instruments Act

331. An interim order made under section 94, 103.1, 163, 173, 183 or 200.1

2004, c. 15, s. 31

36. Subsection 332(1) of the Act is replaced by the following:

Publication of proposed orders and regulations

332. (1) The Minister shall publish in the Canada Gazette a copy of every order, regulation or instrument proposed to be made by the Minister or the Governor in Council under subsection 6(4), 10(11), 65(2), 67(1), 81(7), 89(1) or 90(1) or (2), section 92.1, subsection 93(1), section 97, 100 or 102, subsection 103.09(1) or (2), section 103.13, subsection 106(7), 114(1), 115(1), 118(1) or 130(4), section 135, subsection 140(1), 145(1), 156(1) or 160(1), section 167, 177, 191 or 200, subsection 209(1), section 210, 242, 278, 278.01, 309, 310, 319, 325, 326, 327 or 328 or subsection 330(4).

37. Section 333 of the Act is amended by adding the following after subsection (2):

Establishment of board of review

(2.1) Where a person or government files with the Minister, within the time specified, a notice of objection under subsection 332(2) with respect to regulations proposed to be made under subsection 10(11) the Minister may establish a board of review to inquire into the matter.

SOR/2001-147

38. Item 51 of Schedule 1 to the Act is repealed.

SOR/2003-229

39. Items 60 to 65 of Schedule 1 to the Act are repealed.

SOR/2005-345

40. Items 74 to 79 of Schedule 1 to the Act are repealed.

41. The Act is amended by adding, after Schedule 3, the Schedule 3.1 set out in the schedule to this Act.

PART 2

1992, c. 36

AMENDMENTS TO THE ENERGY EFFICIENCY ACT

42. The Energy Efficiency Act is amended by adding the following after section 2:

Meaning of “class”

2.1 For greater certainty, a reference in this Act to a “class” in relation to energy-using products includes classes based on common energy-consuming characteristics, the intended use of the products or the conditions under which the products are normally used.

43. Subsection 4(1) of the Act is replaced by the following:

Interprovincial trade and importation

4. (1) No dealer shall, for the purpose of sale or lease, ship an energy-using product from one province to another province, or import an energy-using product into Canada, unless

(a) the product complies with the energy efficiency standard; and

(b) the product or its package is labelled in accordance with the regulations, if any.

44. Section 5 of the Act is replaced by the following:

Information provided by dealers

5. (1) Every dealer who ships or imports energy-using products as described in subsection 4(1) shall provide to the Minister, in the prescribed form and manner and at the prescribed time, prescribed information respecting those products, including their energy efficiency, their shipment or their importation.

Exceptions

(2) A dealer is not required to provide prescribed information in respect of the energy efficiency of any particular energy-using products if the Minister is satisfied that

(a) the information has previously been provided under subsection (1); or

(b) information has previously been provided under subsection (1) in respect of the energy efficiency of comparable energy-using products that differ from those products only in a manner that does not relate to energy efficiency.

45. Sections 7 and 8 of the Act are replaced by the following:

Retention of documents and records

7. Every dealer required by section 5 to provide prescribed information to the Minister shall keep, at the dealer’s place of business or other prescribed place in Canada, documents and records sufficient to enable the Minister to verify the accuracy and completeness of the information provided.

Period of retention

8. Every dealer required by section 7 to keep documents and records shall, unless authorized by the Minister, retain every such document or record until the expiry of six years after the day on which the prescribed information was provided to the Minister.

46. (1) Paragraph 20(1)(a) of the Act is replaced by the following:

(a) prescribing as an energy-using product any manufactured product, or class of manufactured products, that is designed to operate using electricity, oil, natural gas or any other form or source of energy or that affects or controls energy consumption;

(2) Paragraph 20(1)(b) of the English version of the Act is replaced by the following:

(b) prescribing energy efficiency standards for energy-using products or classes of energy-using products;

(3) Paragraph 20(1)(c) of the Act is replaced by the following:

(c) respecting the labelling of energy-using products or their packages, or classes of energy-using products or their packages;

PART 3

R.S., c. M-9

AMENDMENTS TO THE MOTOR VEHICLE FUEL CONSUMPTION STANDARDS ACT

47. Section 3 of the Motor Vehicle Fuel Consumption Standards Act is renumbered as subsection 3(1) and is amended by adding the following:

Regulation

(2) A regulation made under subsection (1) may prescribe a method of establishing the fuel consumption standard, including one that permits the use of factors that vary from company to company, such as factors related to the number or size of motor vehicles sold in Canada by each company in the year to which the standard applies.

48. Section 5 of the Act is repealed.

49. Section 24 of the Act is replaced by the following:

Entry into a place

24. (1) For the purposes of this Act and the regulations, an inspector may at any reasonable time enter any place if the inspector has reasonable grounds to believe that the place contains

(a) a motor vehicle of a class for which a fuel consumption standard has been prescribed and that is

(i) owned by a company or a consignee of imported motor vehicles, or

(ii) situated on the premises of a company or a consignee of imported motor vehicles;

(b) a component of a motor vehicle of a class for which a fuel consumption standard has been prescribed; or

Powers of inspectors

(2) In carrying out an inspection of a place under this section, an inspector may

(a) examine any motor vehicle, any component of a motor vehicle, any records or any other thing relevant to the administration or enforcement of this Act that is found in the place;

(b) open and examine any package found in that place that the inspector believes on reasonable grounds contains any component of a motor vehicle or any records; and

(c) require any person to produce for inspection any books, reports, test data, control records, shipping bills, bills of lading or other documents or papers that the inspector believes on reasonable grounds contain any information relevant to the administration or enforcement of this Act, and make copies or extracts of them.

Operation of computer system and copying equipment

(3) In carrying out an inspection of a place under this section, an inspector may

(a) use or cause to be used any computer system at the place to examine any data contained in or available to the computer system;

(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other intelligible output;

(d) use or cause to be used any copying equipment at the place to make copies of the record.

Dwelling-place

(4) An inspector may not enter a dwelling-place without the consent of its occupant except under the authority of a warrant.

Warrant for inspection of dwelling-place

(5) A justice may issue a warrant authorizing the inspector named in it to carry out an inspection of a dwelling-place subject to any conditions that may be specified in the warrant, and authorizing any other person named in it to accompany the inspector and exercise any power specified in the warrant, if on ex parte application the justice is satisfied by information on oath that

(a) the conditions for entry described in subsection (1) exist in relation to the dwelling-place;

(b) entry to the dwelling-place is necessary for any purpose relating to the administration or enforcement of this Act; and

Assistance to inspectors

(6) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found in it shall give the inspector all reasonable assistance to enable the inspector to carry out their duties under this Act, and shall furnish the inspector with any information they may reasonably require with respect to the administration or enforcement of this Act.

1994, c. 41, par. 37(1)(r)

50. Subsection 27(2) of the Act is replaced by the following:

Certain exceptions

(2) Information obtained under this Act may be communicated, disclosed or made available for the purposes of the administration or enforcement of this Act or legal proceedings related to it and may be communicated, disclosed or made available to the Minister of Natural Resources.

1994, c. 41, s. 37

51. Section 39 of the Act is replaced by the following:

Coming into force

39. (1) Subject to subsection (2), this Act comes into force on a day to be fixed by order of the Governor in Council.

Sections 3, 5 and 11 to 16

(2) Sections 3, 5 and 11 to 16 come into force on a day to be fixed by order of the Governor in Council, but that day may not be earlier than the day fixed under subsection (1) and the order may be made by the Governor in Council only on the recommendation of the Minister and the Minister of Natural Resources.

COMING INTO FORCE

Order in council — Part 1

52. (1) Part 1 comes into force on a day to be fixed by order of the Governor in Council.

Order in council — Part 2

(2) Part 2 comes into force on a day to be fixed by order of the Governor in Council.