146. [Repealed, 2008, c. 31, s. 3]
Marginal note:Temporary waiver
147. The Minister may, in prescribed circumstances, grant a temporary waiver from any of the requirements of a regulation made under section 140 or 145 on any conditions and for any period that may be determined by the Minister.
Marginal note:Remedial measures
148. (1) If, in respect of a fuel, there is a contravention of this Division or a regulation made under this Division, the Minister may, in writing, direct a producer, processor, importer, retailer or distributor of the fuel to take any or all of the following measures in a manner and within the period directed by the Minister:
(a) give public notice of the relevant characteristics of the fuel and of any danger to the environment or to human life or health that might be posed by the fuel;
(b) mail a notice as described in paragraph (a) to producers, processors, importers, retailers or distributors of the fuel;
(c) mail a notice as described in paragraph (a) to persons to whom the fuel is known to have been delivered or sold;
(d) replace the fuel with fuel that meets the applicable requirements;
(e) accept the return of the fuel from the purchaser and refund the purchase price;
(f) take other measures to mitigate the effect of the contravention on the environment or on human life or health; and
(g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).
Marginal note:Intervention of Minister
(2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.
Marginal note:Recovery of costs
(3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.
Division 5Vehicle, Engine and Equipment Emissions
149. The definitions in this section apply in this Division and in Part 10 as it relates to the enforcement of this Division.
« entreprise »
“company” means a person who
(a) is engaged in the business of manufacturing vehicles, engines or equipment in Canada;
(b) is engaged in the business of selling to other persons, for the purpose of resale by those persons, vehicles, engines or equipment obtained directly from a person described in paragraph (a) or the agent of such a person; or
(c) imports any vehicle, engine or equipment into Canada for the purpose of sale.
« moteur »
“engine” means any prescribed internal combustion engine, but does not include
(a) an engine designed to propel an aircraft as defined in subsection 3(1) of the Aeronautics Act;
(b) an engine designed to propel rolling stock as defined in section 6 of the Canada Transportation Act; or
(c) a marine compression-ignition engine that is rated at 37 kW or more and is designed to propel a vessel.
« équipement »
“equipment” means any prescribed equipment that is designed for use in or on a vehicle or engine.
« fabrication » ou « construction »
“manufacture” includes any process of assembling or altering any vehicle, engine or equipment before its sale to the first retail purchaser.
“national emissions mark”
« marque nationale »
“national emissions mark” means a mark established by regulation for use in respect of emissions from vehicles, engines or equipment.
« norme »
“standard” means a standard that governs the design, construction, functioning or marking of vehicles, engines or equipment for the purpose of controlling or monitoring their emissions.
« véhicule »
“vehicle” means any prescribed self-propelled vehicle, but does not include
« bâtiment »
“vessel” means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water.
- 1999, c. 33, s. 149;
- 2001, c. 26, s. 331.
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