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

Act current to 2014-08-05 and last amended on 2014-03-28. Previous Versions

Research and Testing

Marginal note:Powers of Minister

 The Minister may

  • (a) conduct any research, studies and evaluations that the Minister considers necessary for the administration and enforcement of this Division;

  • (b) undertake research and development programs for the study of the effect of vehicles, engines or equipment or emissions on air pollution, energy conservation and the environment and for the promotion of measures to control that effect;

  • (c) establish and operate facilities for the testing of vehicles, engines or equipment and components, and acquire test equipment for that purpose;

  • (d) make the facilities referred to in paragraph (c) and all related material, parts and services available to any person; and

  • (e) publish or otherwise disseminate information relating to the activities of the Minister under this section.

Marginal note:Emission control tests
  •  (1) At the request of the Minister and subject to payment by the Minister of the cost of transportation and of rental at a prescribed rate based on capital value, a company shall make available for testing any vehicle, engine, equipment or component that

    • (a) was used in tests conducted by or for the company in order to establish information submitted to the Minister under paragraph 153(1)(c); or

    • (b) for the purpose of that testing, is equivalent to a vehicle, an engine, equipment or a component referred to in paragraph (a).

  • Marginal note:Testing by Minister

    (2) The Minister may examine and dismantle any vehicle, engine, equipment or component made available under subsection (1) and conduct all necessary tests to verify the accuracy of tests referred to in paragraph (1)(a).

  • Marginal note:Detention of vehicles or engines

    (3) The Minister may not detain any vehicle, engine, equipment or component for more than 90 days after completion of the tests conducted under subsection (2) unless, before that time, proceedings have been instituted in respect of an offence related to the vehicle, engine, equipment or component, in which case it may be detained until the proceedings are concluded.

  • 1999, c. 33, s. 159;
  • 2009, c. 14, s. 52.

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, including regulations

    • (a) respecting emissions and prescribing standards in relation to emissions;

    • (b) establishing the national emissions marks;

    • (c) respecting the conditions that must be met for a national emissions mark to be used in relation to vehicles, engines or equipment or a class of vehicles, engines or equipment;

    • (d) respecting the manner of applying national emissions marks;

    • (e) prescribing the period for which records referred to in paragraph 153(1)(g) or a registration system referred to in paragraph 153(1)(h) shall be retained;

    • (f) respecting exemptions from sections 153 and 154;

    • (g) respecting the information to be submitted under section 153;

    • (g.1) respecting inspection and certification referred to in subsection 155(2) and, in particular, designating any person who is authorized to inspect or certify vehicles; and

    • (h) prescribing or providing for anything that by this Division is to be prescribed or provided for by the regulations.

  • Marginal note:Progressive application

    (2) Regulations prescribing a standard may be made applicable in respect of a specified proportion of vehicles, engines or equipment of a class before they are made applicable in respect of all vehicles, engines or equipment of that class.

  • 1999, c. 33, s. 160;
  • 2011, c. 1, s. 5.