Energy Supplies Emergency Act (R.S.C., 1985, c. E-9)

Marginal note:Sulphur discharge

• 34 (1) Where the Board considers it necessary, in order to conserve the available supplies of a controlled product, to make regulations providing for a relaxation of any provisions of law regulating or prohibiting the discharge of sulphur compounds into the atmosphere from fuel combustion at stationary sources, the Board may consult with such persons, organizations and authorities as, in the opinion of the Board, are in a position to assist it in formulating and making regulations that would permit conservation of the controlled product with the least detrimental effect on the public health and the environment.

• Marginal note:Consultation required

  (2) Before making a regulation under this section, the Board shall consult with both the Minister of the Environment and the Minister of Health regarding the relaxation of any provision of the law controlling the discharge of sulphur compounds into the atmosphere.

• Marginal note:Special permits required

  (3) A relaxation of any provision of the law regulating or prohibiting the discharge of sulphur compounds into the atmosphere pursuant to any regulations under this section may be authorized only by permits issued by the Board for periods of not longer than six months

  • (a) in respect of specific stationary sources, or

  • (b) in respect of a defined geographic area,

  and the nature and extent of the relaxation of any provision of the law authorized by the permit shall be set out in the permit.

• Marginal note:Contents of regulations

  (4) Regulations made under this section shall

  • (a) provide for a means of giving public notice of the issue of a permit under the regulations, which public notice shall be required to be given within ten days of its being issued and shall set out the contents of the permit;

  • (b) provide for a means whereby any provincial or municipal authorities or natural persons, or any of them, may demand and obtain a public hearing before a hearing officer to be appointed by the Minister of the Environment on the matter of any permit issued pursuant to the regulations, which hearing shall be required to be held expeditiously and a report thereon made to the Minister of the Environment and the Minister of Health forthwith on the completion of the hearing;

  • (c) provide that the report of a hearing officer on the matter of a permit issued pursuant to the regulations is to be made public and the manner in which that report is to be made public; and

  • (d) provide that a permit issued pursuant to the regulations may be revoked or altered by the Minister of the Environment or the Minister of Health if, in the opinion of the Minister, the report of a public hearing warrants that action.

• Marginal note:Tabling

  (5) Where a public hearing has been held on the matter of a permit issued pursuant to the regulations made under this section, a copy of that permit and the report of the hearing officer thereon shall be laid before Parliament forthwith on the receipt by the Minister of the Environment of the report of the hearing officer or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

• Marginal note:Conflict

  (6) Where there is a conflict between any regulation made under this Act and any provisions of any other law regulating or prohibiting the discharge of sulphur compounds into the atmosphere, the regulation made under this Act prevails.