Bill C-30

1st Session, 39th Parliament,

55-56 Elizabeth II, 2006-2007

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

1. This Act may be cited as Canada's Clean Air and Climate Change Act.

PART 1

AMENDMENTS TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

2. (1) The preamble of the Canadian Environmental Protection Act, 1999 is amended by adding the following before the first paragraph:

3. (1) [Deleted]

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

“air” includes indoor 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;

(c) sulphur dioxide, which has the molecular formula SO₂;

(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 prescribed substance.

“greenhouse gas” means the following substances, as they appear on the List of Toxic Substances in Schedule 1:

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

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

(c) nitrous oxide, which has the molecular formula N₂O;

(d) hydrofluorocarbons that have the molec- ular 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 prescribed substance.

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

(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. [Deleted]

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

10. (1) Except with respect to Her Majesty in right of Canada, the provisions of a regulation made under subsection 93(1), 103.05(2), 103.07(2)(b), 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.

(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.

(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 will demonstrably provide an equivalent or supe- rior level of protection of the environment and human health based on, amongst other factors, the quantifiable effects of the regulation on the environment and human health and the effective enforcement and compliance of the federal regulation;

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

(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.

(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.

(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.

(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.

(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.

(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):

(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):

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

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:

(c) distribute available information to inform the public about the effects of substances or pollution on human health.

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):

(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:

10. [Deleted]

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

(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).

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

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:

(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):

(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:

(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.

(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:

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:

(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:

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

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

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

Information Gathering

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.

(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.

(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.

(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.

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

(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:

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

(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), 103.07(2)(b) or 140(1);

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

Variations

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:

195. Despite subsection 36(3) of the Fisheries Act, subsection 123(1) and regulations made under paragraphs 93(1)(a), (b), (c) and (d), subsection 103.07(2)(b) and paragraphs 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):

(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:

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:

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. [Deleted]

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:

325. The Governor in Council may, in the exercise of a regulation-making power under subsection 93(1), 103.05(2) or 103.07(2)(b) 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:

326. The Governor in Council may, in the exercise of a regulation-making power under subsection 93(1) 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:

(3.1) A regulation made under subsection  93(1) 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.

(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;

(c) technology or techniques used; and

(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.

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

35. [Deleted]

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

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 103.05(2), 103.07(2)(b), 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):

(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.

38. [Deleted]

39. [Deleted]

40. [Deleted]

41. [Deleted]

PART 2

AMENDMENTS TO THE ENERGY EFFICIENCY ACT

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

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:

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:

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.

(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:

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.

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

AMENDMENTS TO THE MOTOR VEHICLE FUEL CONSUMPTION STANDARDS ACT

47. Section 3 of the Act is replaced by the following:

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

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

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

(c) any record described in section 21.

(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.

(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;

(c) take a printout or other output for examination or copying; and

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

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

(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

(c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused.

(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.

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

(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.

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

COMING INTO FORCE

SCHEDULE

[Deleted]