Bill C-33
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C-33
Second Session, Thirty-ninth Parliament,
56 Elizabeth II, 2007
HOUSE OF COMMONS OF CANADA
BILL C-33
An Act to amend the Canadian Environmental Protection Act, 1999
first reading, December 3, 2007
THE MINISTER OF AGRICULTURE AND AGRI-FOOD
90442
SUMMARY
This enactment amends the Canadian Environmental Protection Act, 1999 to provide for the efficient regulation of fuels.
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2nd Session, 39th Parliament,
56 Elizabeth II, 2007
house of commons of canada
BILL C-33
An Act to amend the Canadian Environmental Protection Act, 1999
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1999, c. 33
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
1. Subsection 139(2) of the Canadian Environmental Protection Act, 1999 is replaced by the following:
Exceptions
(2) A person does not contravene subsection (1) if
(a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit;
(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) that person is exempted from the application of that subsection by a regulation made under subsection 140(3).
2. (1) The portion of subsection 140(1) of the Act before paragraph (a) is replaced by the following:
Regulations
140. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139 and may make regulations respecting
(2) Subsection 140(1) of the Act is amended by adding the following after paragraph (c):
(c.1) the blending of fuels;
(3) Paragraph 140(1)(e) of the Act is replaced by the following:
(e) the keeping of books and records by persons who produce, sell or import fuel or blend fuels;
(4) 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 or import fuel or blend fuels of information regarding
(5) 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
(6) 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.
(7) Subsection 140(3) of the Act is replaced by the following:
Exemption
(3) The Governor in Council may, on the recommendation of the Minister, make regulations exempting from the application of subsection 139(1) any producer or importer in respect of any fuel that they produce or import in quantities of less than 400 m3 per year.
3. Section 146 of the Act is repealed.
4. Paragraph 218(1)(b) of the Act is replaced by the following:
(b) fuels to which this Act applies are being or have been produced or blended, or can be found, in the place;
5. Section 330 of the Act is amended by adding the following after subsection (3.1):
Variation
(3.2) Regulations made under section 93, 140, 145, 167, 177 or 326 may distinguish among any class of persons, works, undertakings, activities or substances, including fuels, that they may establish on the basis of any factor, including
(a) quantities of releases;
(b) production capacity;
(c) technology or techniques used or manufacturing process;
(d) feedstocks used;
(e) in the case of works or undertakings, the date their operation commenced or the date on which any major alterations are completed;
(f) the substance or fuel’s source;
(g) the substance or fuel’s commercial designation;
(h) the substance or fuel’s physical or chemical properties; and
(i) the substance or fuel’s conditions of use or place or time of year of use.
Limitation of Part 7
(3.3) Nothing in Part 7 is to be construed so as to prevent the making of regulations under Part 5.
COMING INTO FORCE
Order in council
6. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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Explanatory Notes
Canadian Environmental Protection Act, 1999
Clause 1: Existing text of subsection 139(2):
(2) A person does not contravene subsection (1) if
(a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit;
(b) 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 imported and there is written evidence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold; or
(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.
Clause 2: (1) to (6) Relevant portion of subsection 140(1):
140. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139, including regulations respecting
...
(e) the keeping of books and records by persons who produce, sell or import fuel;
...
(g) the submission, by persons who produce, import or sell fuel, of information regarding
...
(iii) the adverse effects from the use of the fuel on the environment, on human life or health, on combustion technology or on emission control equipment, and
(7) Existing text of subsection 140(3):
(3) A regulation may distinguish among fuels according to their commercial designation, source, physical or chemical properties, class, conditions of use or place or time of year of use.
Clause 3: Existing text of section 146:
146. A regulation may distinguish among fuels according to their commercial designation, source, physical or chemical properties, class, conditions of use or place or time of year of use.
Clause 4: Relevant portion of subsection 218(1):
218. (1) Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, enter and inspect any place if the enforcement officer has reasonable grounds to believe that
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(b) a fuel to which this Act applies is being or has been produced or can be found in the place;
Clause 5: New.