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

Marginal note:Interim order

• 163. (1) If an enactment of a foreign government corresponds to the regulations made under this Division and that enactment is amended by that government or its operation is affected by a decision of a foreign court, the Minister may issue an interim order suspending or modifying the operation of the regulations to the extent that they are inconsistent with the enactment as amended or given effect.

• Marginal note:Effective date of order

  (2) An interim order has effect from the time it is made.

• Marginal note:Approval of Governor in Council

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

• Marginal note:Contravention of regulation modified by an unpublished order

  (4) No person shall be convicted of an offence consisting of a contravention of a regulation to the extent that it is modified or suspended by 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 time of the alleged contravention, the person had been notified of the interim order.

• Marginal note:Cessation of effect

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

  • (a) the day it is repealed,

  • (b) the day the regulation is amended or repealed to give effect to the order, and

  • (c) one year after the order is made.

Marginal note:Evidence

164. In a prosecution under this Act, evidence that any vehicle, engine or equipment bore a name or mark purporting to be the name or mark of a company engaged in the business of manufacturing, importing or selling vehicles, engines or equipment is, in the absence of evidence to the contrary, proof that the vehicle, engine or equipment was manufactured, imported or sold, as the case may be, by the company.

Marginal note:Evidence

165. In a prosecution under this Act, evidence that any vehicle, engine or equipment bearing a national emissions mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national emissions mark was applied by the company.

Marginal note:Determination of international air pollution

• 166. (1) Subject to subsection (4), the Minister shall act under subsections (2) and (3) only if the Ministers have reason to believe that a substance released from a source in Canada into the air creates, or may reasonably be anticipated to contribute to

  • (a) air pollution in a country other than Canada; or

  • (b) air pollution that violates, or is likely to violate, an international agreement binding on Canada in relation to the prevention, control or correction of pollution.

• Marginal note:Consultation with other governments

  (2) If the source referred to in subsection (1) is not a federal source, the Minister shall

  • (a) consult with the government responsible for the area in which the source is situated to determine whether that government can prevent, control or correct the air pollution under its laws; and

  • (b) if the government referred to in paragraph (a) can prevent, control or correct the air pollution, offer it an opportunity to do so.

• Marginal note:Ministerial action

  (3) If the source referred to in subsection (1) is a federal source or if the government referred to in paragraph (2)(a) cannot prevent, control or correct the air pollution under its laws or does not do so, the Minister shall take at least one of the following courses of action:

  • (a) on approval by the Governor in Council, publish a notice under subsection 56(1); or

  • (b) recommend regulations to the Governor in Council for the purpose of preventing, controlling or correcting the air pollution.

• Marginal note:Reciprocity with other country

  (4) If the air pollution referred to in paragraph (1)(a) is in a country where Canada does not have substantially the same rights with respect to the prevention, control or correction of air pollution as that country has under this Division, the Minister shall decide whether to act under subsections (2) and (3) or to take no action at all.

• Marginal note:Other factors

  (5) When recommending regulations under paragraph (3)(b), the Minister shall take into account comments made under subsection 168(2), notices of objection filed under subsection 332(2) and any report of a board of review submitted under subsection 340(1).