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

Act current to 2016-06-21 and last amended on 2016-06-17. Previous Versions

Regulations

Marginal note:Regulations
  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division and Schedule 6, including regulations

    • (a) for carrying out and giving effect to the provisions of the Convention or the Protocol;

    • (b) defining the expression Canadian platform or other structure;

    • (b.1) respecting time limits for issuing permits under subsection 127(1) or for refusing to issue them, specifying the circumstances under which any of those time limits do not apply and authorizing the Minister to extend any of those time limits or to decide that a time limit does not apply when the Minister considers that it is appropriate to do so;

    • (b.2) respecting the renewal of permits under subsection 127(1), including regulations respecting time limits for renewing them or for refusing to renew them, specifying the circumstances under which any of those time limits do not apply and authorizing the Minister to extend any of those time limits or to decide that a time limit does not apply when the Minister considers that it is appropriate to do so;

    • (c) respecting the report referred to in subsection 130(4);

    • (d) respecting the conduct of sampling, analyses, tests, measurements or monitoring;

    • (e) respecting the conditions, test procedures and laboratory practices to be followed for sampling, analysing, testing, measuring or monitoring;

    • (f) respecting the monitoring of disposal sites;

    • (g) specifying, for the purpose of paragraph 122(2)(e), areas of the sea adjacent to areas referred to in any of paragraphs 122(2)(a) to (d);

    • (h) limiting the quantity or concentration of a substance contained in waste or other matter for disposal; and

    • (i) prescribing any other thing that by this Division is to be prescribed.

  • Marginal note:Amendments to Schedules 5 and 6

    (2) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedules 5 and 6.

  • Marginal note:Regulations

    (3) The Minister may make regulations

    • (a) prescribing the form of an application for a Canadian permit or for the renewal of a permit issued under subsection 127(1);

    • (b) specifying the information required to be contained in or to accompany an application referred to in paragraph (a);

    • (c) specifying acts or omissions that constitute a disposal for the purposes of paragraph (g) of the definition disposal in subsection 122(1);

    • (d) specifying, for the purposes of paragraph (h) of the definition disposal in subsection 122(1), the operations that are deemed to be, or deemed not to be, the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure;

    • (e) specifying, for the purposes of subsections 125(1) to (3.1), disposals that are deemed to be, or deemed not to be, disposals of substances referred to in paragraph (h) of the definition disposal in subsection 122(1), which specifications may refer, among other things, to any quantity or concentration of any substance or to any place or area; and

    • (f) specifying, for the purposes of section 126, the operations that are deemed to be, or deemed not to be, normal operations of ships, including Canadian ships.

  • 1999, c. 33, s. 135;
  • 2005, c. 23, s. 26;
  • 2012, c. 19, s. 161.

Costs and Expenses of the Crown

Marginal note:Costs and expenses recoverable

 If the Minister directs an action to be taken by or on behalf of Her Majesty in right of Canada to remedy a condition or mitigate damage resulting from an offence under this Act that arises out of this Division, the costs and expenses of and incidental to taking that action, to the extent that they can be established to have been reasonably incurred in the circumstances, are recoverable by Her Majesty in right of Canada from the person or ship that committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.

  • 1999, c. 33, s. 136;
  • 2005, c. 23, s. 27(E).

Service of Documents

Marginal note:Manner of service

 Except where otherwise provided by any rules of the Federal Court that are applicable to proceedings arising out of this Division, any document that, for the purposes of any such proceedings, is to be served on a person may be served

  • (a) in any case, by delivering a copy of the document personally to the person to be served or, if the person cannot be found, by leaving a copy at their latest known address;

  • (b) if the document is to be served on the master of a ship or on any other person employed on a ship and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document for the master or other person on board the ship with the person who is, or appears to be, in command or charge of the ship;

  • (c) if the document is to be served on the pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document with the person who is, or appears to be, in charge of the aircraft; and

  • (d) if the document is to be served on a person in their capacity as owner or master of a ship or owner or pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a) and the ship or aircraft is within an area of the sea referred to in any of paragraphs 122(2)(a) to (e) or in Canada, by leaving a copy of the document with any agent of the owner residing in Canada or, where no such agent is known or can be found, by affixing a copy of it to a prominent part of the ship or aircraft.

DIVISION 4Fuels

Interpretation

Marginal note:Definitions

 The definitions in this section apply in this Division.

engine

moteur

engine means a device that transforms one form of energy into another. (moteur)

national fuels mark

marque nationale

national fuels mark means a mark established by regulation for use in respect of fuels. (marque nationale)

General Requirements for Fuels

Marginal note:Prohibition
  •  (1) No person shall produce, import or sell a fuel that does not meet the prescribed requirements.

  • Marginal note: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).

  • 1999, c. 33, s. 139;
  • 2008, c. 31, s. 1.
Marginal note:Regulations
  •  (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

    • (a) the concentrations or quantities of an element, component or additive in a fuel;

    • (b) the physical or chemical properties of a fuel;

    • (c) the characteristics of a fuel, based on a formula related to the fuel’s properties or conditions of use;

    • (c.1) the blending of fuels;

    • (d) the transfer and handling of a fuel;

    • (e) the keeping of books and records by persons who produce, sell or import fuel or blend fuels;

    • (f) the auditing of the books and records and the submission of audit reports and copies of the books and records;

    • (g) the submission by persons who produce, sell or import fuel or blend fuels of information regarding

      • (i) the fuel and any element, component or additive contained in the fuel,

      • (ii) any physical or chemical property of the fuel or any substance intended for use as an additive to the fuel,

      • (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

      • (iv) the techniques that may be used to detect and measure elements, components, additives and physical and chemical properties;

    • (h) the conduct of sampling, analyses, tests, measurements or monitoring of fuels and additives and the submission of the results;

    • (i) the submission of samples of fuels and additives;

    • (j) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring; and

    • (k) the submission of reports on the quantity of fuel produced, imported or sold for export.

  • Marginal note:Significant contribution

    (2) The Governor in Council may make a regulation under any of paragraphs (1)(a) to (d) if the Governor in Council is of the opinion that the regulation could make a significant contribution to the prevention of, or reduction in, air pollution resulting from

    • (a) directly or indirectly, the fuel or any of its components; or

    • (b) the fuel’s effect on the operation, performance or introduction of combustion or other engine technology or emission control equipment.

  • Marginal note: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.

  • Marginal note:Consultation

    (4) 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

    (5) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (4), 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.

  • Marginal note:Review

    (6) Within one year after this subsection comes into force and every two years thereafter, a comprehensive review of the environmental and economic aspects of biofuel production in Canada should be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

  • Marginal note:Report

    (7) The committee referred to in subsection (6) should, within one year after a review is undertaken pursuant to that subsection, submit a report on the review to Parliament, including a statement of any recommendations that the committee makes in respect of biofuel production in Canada.

  • 1999, c. 33, s. 140;
  • 2008, c. 31, s. 2.
 
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