General Regulation-making Powers and Exemptions
Marginal note:Exercise of regulation-making power
Marginal note:Incorporation by reference
(2) For greater certainty, a regulation made under this Act incorporating by reference a standard, specification, guideline, method, procedure or practice may incorporate the standard, specification, guideline, method, procedure or practice as amended from time to time.
Marginal note:Application throughout Canada
(3) Except as provided in subsection (3.1), a regulation under this Act applies throughout Canada.
Marginal note:Limited geographical application
(3.1) A regulation made under section 93, 140, 167 or 177 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health.
(3.2) Regulations made under section 93, 140, 145, 167, 177 or 326 may distinguish among any class of persons, works, undertakings, activities or substances, including fuels, that they may establish on the basis of any factor, including
(a) quantities of releases;
(b) production capacity;
(c) technology or techniques used or manufacturing process;
(d) feedstocks used;
(e) in the case of works or undertakings, the date their operation commenced or the date on which any major alterations are completed;
(f) the substance or fuel’s source;
(g) the substance or fuel’s commercial designation;
(h) the substance or fuel’s physical or chemical properties; and
(i) the substance or fuel’s conditions of use or place or time of year of use.
Marginal note:Limitation of Part 7
(3.3) Nothing in Part 7 is to be construed so as to prevent the making of regulations under Part 5.
Marginal note:Manner of service
(4) The Minister may make regulations respecting the manner of providing or serving orders, copies of orders, notices or other documents that are to be provided under this Act.
- 1999, c. 33, s. 330;
- 2008, c. 31, s. 5.
Marginal note:Exemption from Statutory Instruments Act
331 An interim order made under section 94, 163, 173, 183 or 200.1
- 1999, c. 33, s. 331;
- 2004, c. 15, s. 30.
Marginal note:Publication of proposed orders and regulations
332 (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.1.
Marginal note:Notice of objection
(2) Within 60 days after the publication of a proposed order or regulation in the Canada Gazette under subsection (1) or a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette, any person may file with the Minister comments with respect to the order, regulation or instrument or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection.
Marginal note:Single publication required
(3) No order, regulation or instrument need be published more than once under subsection (1), whether or not it is altered after publication.
- 1999, c. 33, s. 332;
- 2004, c. 15, s. 31.
Board of Review Proceedings
Marginal note:Establishment of board of review
(a) a decision or a proposed order, regulation or instrument made by the Governor in Council, or
(b) a decision or a proposed order or instrument made by either or both Ministers,
the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision is made or the order, regulation or instrument is proposed.
Marginal note:Establishment of board of review
(2) Where a person files a notice of objection under subsection 9(3) or 10(5) in respect of an agreement or a term or condition of the agreement, the Minister may establish a board of review to inquire into the matter.
Marginal note:Mandatory review for international air and water
(3) Where a person or government files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under section 167 or 177 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the nature and extent of the danger posed by the release into the air or water of the substance in respect of which the regulations are proposed.
Marginal note:Mandatory reviews for certain regulations
(4) Where a person files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under Part 9 or section 118 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the matter raised by the notice.
Marginal note:Review for permits
(5) Where a person files with the Minister a notice of objection under section 134 within the time specified in that section, the Minister may establish a board of review to inquire into the matter raised by the notice.
Marginal note:Mandatory review for toxics
(6) Where a person files with the Minister a notice of objection under section 78 in respect of the failure to make a determination about whether a substance is toxic, the Minister shall establish a board of review to inquire into whether the substance is toxic or capable of becoming toxic.
Marginal note:Number of members of board
Marginal note:Knowledge requirement
(2) A person is not eligible to be appointed as a member of a board of review unless the person is knowledgeable about the Canadian environment, environmental and human health or traditional aboriginal ecological knowledge.
Marginal note:Appearance before board
335 A board of review shall give any person or government a reasonable opportunity, consistent with the rules of procedural fairness and natural justice, of appearing before it, presenting evidence and making representations.
Marginal note:Withdrawal of notice of objection
336 Where a notice of objection referred to in section 333 is withdrawn by the person who filed it and no other notice of objection is filed in respect of the same matter, the Minister or Ministers may dissolve a board of review established in respect of the notice of objection.
Marginal note:Powers of board
(2) A board of review may, in accordance with the rules, direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.
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