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An Act to amend the Canadian Environmental Protection Act, 1999 (S.C. 2008, c. 31)

Assented to 2008-06-26

An Act to amend the Canadian Environmental Protection Act, 1999

S.C. 2008, c. 31

Assented to 2008-06-26

An Act to amend the Canadian Environmental Protection Act, 1999

SUMMARY

This enactment amends the Canadian Environmental Protection Act, 1999 to provide for the efficient regulation of fuels.

It also provides for a periodic and comprehensive review of the environmental and economic aspects of biofuel production in Canada by a committee of Parliament.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1999, c. 33CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

1. Subsection 139(2) of the Canadian Environmental Protection Act, 1999 is replaced by the following:

  • 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).

  • 2. (1) The portion of subsection 140(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Regulations

    • 140. (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

  • (2) Subsection 140(1) of the Act is amended by adding the following after paragraph (c):

    • (c.1) the blending of fuels;

  • (3) Paragraph 140(1)(e) of the Act is replaced by the following:

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

  • (4) The portion of paragraph 140(1)(g) of the Act before subparagraph (i) is replaced by the following:

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

  • (5) Subparagraph 140(1)(g)(iii) of the Act is replaced by the following:

    • (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

  • (6) Subsection 140(1) of the Act is amended by striking out the word “and” at the end of paragraph (i), by adding the word “and” at the end of paragraph (j) and by adding the following after paragraph (j):

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

  • (7) Subsection 140(3) of the Act is replaced by the following:

    • 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.

  • (8) Section 140 of the Act is amended by adding the following after subsection (5):

    • 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.

3. Section 146 of the Act is repealed.

4. Paragraph 218(1)(b) of the Act is replaced by the following:

  • (b) fuels to which this Act applies are being or have been produced or blended, or can be found, in the place;

5. Section 330 of the Act is amended by adding the following after subsection (3.1):

  • Marginal note:Variation

    (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.

COMING INTO FORCE

Marginal note:Order in council

6. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

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