Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Definition of “technical standards document”

• 161. (1) In this section, “technical standards document” means a document, published in the prescribed manner by authority of the Minister, that reproduces in the official languages of Canada an enactment of a foreign government with any adaptations of form and reference that will facilitate the incorporation of the enactment under this section.

• Marginal note:Incorporation of document

  (2) For greater certainty, regulations made under this Division may incorporate by reference a technical standards document as it reads on a prescribed day or as it is amended from time to time following the incorporation by reference, and may extend, qualify or exclude the application of any provision of the document so incorporated.

• Marginal note:Publication

  (3) No person is required to comply with a provision of a technical standards document incorporated by the regulations until six months after the publication of the provision in the prescribed manner, if the person continues to comply with the provision for which that provision is substituted.

• Marginal note:Document not a regulation

  (4) A technical standards document is not a regulation for the purposes of the Statutory Instruments Act.

Marginal note:Emission credits

• 162. (1) Regulations that prescribe standards in relation to emissions may provide for a system of credits based on the following principles:

  • (a) a company may establish that vehicles, engines or equipment conform to those standards by applying credits against emissions of the vehicles, engines or equipment in the prescribed manner and within prescribed limits;

  • (b) credits may be obtained by a company in the prescribed manner

    • (i) by reference to emissions of the vehicles, engines or equipment that more than meet the requirements of those standards, or

    • (ii) by the payment of an amount to the Receiver General determined at a prescribed rate in relation to emissions of the vehicle, engine or equipment; and

  • (c) credits obtained by reference to emissions may be transferred to or from a company in the prescribed manner.

• Marginal note:Deemed conformity to standard

  (2) Regulations referred to in subsection (1) may provide that any vehicle, engine or equipment is deemed to conform to a standard if the application of those regulations to all vehicles, engines or equipment of its class sold in Canada and the United States would result in that vehicle, engine or equipment so conforming.

• Marginal note:Emission report

  (3) Every company shall submit to the Minister, in the prescribed form and manner and at the prescribed time, a report setting out, with respect to a prescribed period, an account of any emission credits obtained or applied by the company and a description of each of the following vehicles, engines or pieces of equipment for which credits were obtained or applied:

  • (a) vehicles, engines and equipment to which the company applied a national emissions mark during that period, other than those that were exported;

  • (b) vehicles, engines and equipment bearing a national emissions mark that were sold by the company in Canada during that period; and

  • (c) vehicles, engines and equipment that were imported by the company during that period for the purpose of sale in Canada.

• Marginal note:Contents of report

  (4) If credits applied under this section were obtained on the basis of emissions from vehicles, engines or equipment not referred to in paragraph (3)(a), (b) or (c), the report submitted in respect of the application of those credits shall include a description of those vehicles, engines or equipment.