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

Marginal note:Costs and expenses recoverable

136. 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.

Marginal note:Manner of service

137. 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.

Marginal note:Definitions

138. The definitions in this section apply in this Division.

“engine”

« moteur »

“engine” means a device that transforms one form of energy into another.

“national fuels mark”

« marque nationale »

“national fuels mark” means a mark established by regulation for use in respect of fuels.

Marginal note:Prohibition

• 139. (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).