Manganese-based Fuel Additives Act (S.C. 1997, c. 11)

Act current to 2017-10-13

Manganese-based Fuel Additives Act

S.C. 1997, c. 11

Assented to 1997-04-25

An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Manganese-based Fuel Additives Act.

Interpretation

Marginal note:Definitions

 In this Act,

controlled substance

substance à usage contrôlé

controlled substance means a manganese-based substance that is mentioned in the schedule and includes any other substance that contains such a manganese-based substance; (substance à usage contrôlé)

Minister

ministre

Minister means such member of the Queen’s Privy Council for Canada as may be designated by order of the Governor in Council as the Minister for the purposes of this Act; (ministre)

unleaded gasoline

essence sans plomb

unleaded gasoline means gasoline to which lead has not been added during the production process. (essence sans plomb)

Her Majesty

Marginal note:Binding on Her Majesty

 This Act is binding on Her Majesty in right of Canada or a province.

Interprovincial Trade and Importation

Marginal note:Prohibition

 No person shall engage in interprovincial trade in or import for a commercial purpose a controlled substance except under an authorization referred to in section 5.

Marginal note:Authorization by Minister
  •  (1) The Minister may authorize any person to engage in interprovincial trade in or to import for a commercial purpose a controlled substance if the Minister is satisfied

    • (a) that the controlled substance is not unleaded gasoline; and

    • (b) that the controlled substance will not be added to unleaded gasoline.

  • Marginal note:Conditions

    (2) The Minister may attach to the authorization any condition respecting the controlled substance, the use that may be made of it, the term of the authorization and its renewal and any other condition that the Minister considers appropriate.

Marginal note:Security

 The Minister may require the applicant for the authorization to post a bond or provide other security, in a form and for an amount fixed by the Minister, to ensure

  • (a) that the controlled substance is not unleaded gasoline and that the controlled substance will not be added to unleaded gasoline; and

  • (b) that the applicant will comply with the conditions of the authorization.

Marginal note:Revocation

 The Minister may revoke the authorization

  • (a) on the application or with the consent of the holder of the authorization, or

  • (b) where the Minister

    • (i) is no longer satisfied that the controlled substance is not unleaded gasoline,

    • (ii) is no longer satisfied that the controlled substance will not be added to unleaded gasoline, or

    • (iii) is satisfied that the holder has not complied with the conditions of the authorization,

    and, where the Minister revokes the authorization under paragraph (b), the Minister may realise on the security provided by the holder.

Marginal note:Regulations

 The Governor in Council may make regulations for carrying out the purposes and provisions of sections 5 to 7, including regulations respecting applications for authorizations referred to in section 5 and their consideration by the Minister.

Records

Marginal note:Interprovincial trade and importation
  •  (1) Every person who, under an authorization referred to in section 5, engages in interprovincial trade in or imports a controlled substance shall maintain a record respecting the controlled substance in accordance with this section.

  • Marginal note:Contents of records

    (2) A record that is required to be maintained by subsection (1) must contain the following information for each transaction under the authorization, which shall be entered within thirty days after the transaction and signed by the person who maintains the record:

    • (a) the name of the controlled substance;

    • (b) the place where and the person from whom it was acquired;

    • (c) its quantity;

    • (d) the use that is made or is to be made of it;

    • (e) the place where and the person to whom it is disposed of; and

    • (f) the day on which it crossed the boundary of a province or was released in accordance with the Customs Act.

  • Marginal note:Retention period

    (3) A person who is required by this section to maintain a record containing information for a transaction shall maintain the record containing that information in Canada for a period of five years after the end of the calendar year in which the information was entered in the record or, in the case of a corporation, after the end of the financial year of the corporation in which the information was entered in the record.

Marginal note:Report

 A person who is required to maintain a record by section 9 shall, within sixty days of each transaction under the authorization, file a report with the Minister, in the form prescribed by the Minister, on the information contained in the record.

Powers of the Minister

Marginal note:Notice requiring information and samples
  •  (1) For the purpose of deciding whether to recommend to the Governor in Council that the name of a manganese-based substance be added to or deleted from the schedule, the Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person described in the notice to provide the Minister with such information and samples referred to in subsection (2) as may be in the possession of that person or to which that person may reasonably be expected to have access.

  • Marginal note:Contents of notice

    (2) A notice may require any information and samples that may assist the Minister to decide whether to recommend to the Governor in Council that the name of a manganese-based substance be added to or deleted from the schedule, including samples of the substance and information on the quantities, uses and composition of the substance.

  • Marginal note:Compliance with notice

    (3) Every person to whom a notice is directed shall comply with the notice within such time or times as are specified in the notice.

  • Marginal note:Extension of time

    (4) Notwithstanding subsection (3), the Minister may, on request in writing from any person to whom a notice is directed, extend the time or times within which the person shall comply with the notice.

Enforcement

Inspectors and Analysts

Marginal note:Designation
  •  (1) The Minister may designate as an inspector or analyst for the purposes of this Act any person who, in the opinion of the Minister, is qualified to be so designated, either personally or by reason of that person occupying a certain position.

  • Marginal note:Inspector to show certificate of designation

    (2) An inspector shall be furnished with a certificate of designation and, on entering any place under this Act, shall produce the certificate on request of the person in charge of the place.

Provisions of the Canadian Environmental Protection Act, 1999

Marginal note:Application of provisions of the Canadian Environmental Protection Act, 1999

 Paragraphs 218(1)(a) and (j), subsections 218(2) to (6) and (10) to (14) and sections 219, 220, 223, 224, 226 to 230 and 272 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, in respect of this Act.

  • 1997, c. 11, s. 13;
  • 1999, c. 33, s. 348.

Offences and Punishment

Marginal note:Interprovincial trade and importation

 Every person who contravenes section 4 is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months, or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding three years, or to both.

Marginal note:False or misleading information

 Every person who knowingly enters false or misleading information in a record required to be maintained by this Act or provides the Minister with false or misleading information, samples or results is guilty of an offence and liable

  • (a) on summary conviction, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding six months, or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.

 
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