National Fuels Marks
Marginal note:Nature of mark
141. (1) The national fuels marks are national trade-marks.
Marginal note:Property rights
(2) The exclusive property in and, except as otherwise provided in this Division, the right to the use of the national fuels marks are hereby vested in Her Majesty in right of Canada.
142. (1) No person shall use a national fuels mark except in accordance with this Division and the regulations.
Marginal note:Confusing marks
(2) No person shall use any other mark in such a manner that it is likely to be mistaken for a national fuels mark.
Marginal note:Requirements for use
143. A person may use a national fuels mark in respect of a prescribed fuel if
(a) the use is authorized by the Minister;
(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) or 140(1);
(c) evidence of such conformity has been obtained and produced in accordance with the regulations; and
(d) prescribed information relating to the fuel has been submitted to the Minister in the prescribed manner.
Marginal note:Cross-boundary shipments
144. (1) No person shall import, or transport within Canada, a prescribed fuel if the requirements set out in paragraphs 143(b) to (d) are not met.
(2) Except as otherwise provided by the regulations, subsection (1) does not apply if
(a) the requirements are met before the fuel is used or sold; or
(b) the fuel is being used in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.
145. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of sections 141 to 144 and 147, including regulations
(a) establishing the national fuels marks;
(b) determining the fuels for which a national fuels mark may be used;
(c) respecting any condition or requirement that must be met for a national fuels mark to be used if, in the opinion of the Governor in Council, regulations respecting that condition or requirement may not be made under section 140;
(d) respecting the conditions and procedures for obtaining authorization to use a national fuels mark;
(e) respecting the information or other evidence necessary under sections 143 and 144; and
(f) prescribing or providing for anything that by sections 141 to 144 and 147 is to be prescribed or provided for by the regulations.
(2) Before recommending a regulation to the Governor in Council under subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment.
Marginal note:Minister may act
(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may recommend a regulation to the Governor in Council 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.
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