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Greenhouse Gas Pollution Pricing Act (S.C. 2018, c. 12, s. 186)

Act current to 2022-05-02 and last amended on 2022-01-01. Previous Versions

PART 2Industrial Greenhouse Gas Emissions (continued)

DIVISION 1Pricing Mechanism for Greenhouse Gas Emissions (continued)

Orders and Regulations (continued)

Marginal note:Effect

  •  (1) An order made under section 189, 190 or 191 and a regulation made under section 192 or 193 may have effect earlier than the day on which it is made if it so provides and it gives effect to measures referred to in a notice published by the Minister. However, the order or regulation must not have effect before the day on which the notice is published.

  • Marginal note:Statutory Instruments Act

    (2) For greater certainty, a notice referred to subsection (1) is a regulation as defined in subsection 2(1) of the Statutory Instruments Act if, for the purpose of ensuring the early registration under section 171 of facilities as covered facilities, the notice sets out criteria respecting facilities and persons.

Marginal note:Regulations — offset credit system

 The Governor in Council may make regulations establishing an offset credit system for projects that prevent greenhouse gases from being emitted or that remove greenhouse gases from the atmosphere, including regulations

  • (a) respecting the issuance by the Minister of offset credits to persons that are responsible for the projects;

  • (b) imposing requirements on those persons;

  • (c) respecting the registration and monitoring of the projects;

  • (d) respecting the keeping and retention of records; and

  • (e) providing for user fees.

Delegation

Marginal note:Delegation

 The Minister may delegate his or her powers, duties and functions under this Division, with the exception of the one set out in subsection 194(1), to any person.

DIVISION 2Information and Samples

Marginal note:Purposes

  •  (1) The Minister may exercise a power under this section for one or more of the following purposes:

    • (a) to assess the emission levels in Canada of greenhouse gases or other gases that contribute or could contribute to climate change;

    • (b) to determine whether measures to control those emissions are required and, if so, what measures are to be taken; and

    • (c) to ensure that information that is necessary for the purposes of Division 1 is gathered or provided to the Minister.

  • Marginal note:Order

    (2) The Minister may, by order, require any person that is described in the order

    • (a) to notify the Minister if, during a period specified in the order, the person is or was engaged in any activity related to gases specified in the order;

    • (b) to gather information on those gases, including

      • (i) information on a substance or product, including a fuel, that is related to those gases, and

      • (ii) plans, specifications, studies and information in respect of any equipment, facility or activity that is related to those gases;

    • (c) to gather samples of those gases or any substance or product, including a fuel, that is related to those gases;

    • (d) to use specified methods and equipment to gather the information and samples or to quantify gas emissions; and

    • (e) to provide any information on those gases or to provide any samples referred to in paragraph (c) to the Minister.

  • Marginal note:Other requirements

    (3) The order may also

    • (a) require numbers to be rounded in accordance with a method specified in the order;

    • (b) require any information that must be provided to be verified by a third party in accordance with the order;

    • (c) require copies of any information that is provided — and any documents, calculations, measurements and other data on which the information is based — to be retained in a location specified in the order for a period specified in the order;

    • (d) require the updating, within a period specified in the order, of contact information for a person described in the order and any other information of an administrative nature that is specified in the order; and

    • (e) specify the form and manner in which information and samples are to be provided.

  • Marginal note:Compliance with order

    (4) A person that is described in the order must comply with the order within the time specified in the order.

  • Marginal note:Extension of time

    (5) On request in writing from a person that is described in the order, the Minister may extend the time within which the person is required to comply with it.

Marginal note:Regulations — information

  •  (1) The Governor in Council may make regulations respecting the gathering of information on greenhouse gases or other gases that contribute or could contribute to climate change, on the emission of those gases and on activities related to those emissions and the provision of that information to the Minister, including regulations

    • (a) respecting the methods, including sampling methods, and equipment that are to be used to gather the information or to quantify gas emissions;

    • (b) respecting the rounding of numbers;

    • (c) respecting the verification of the information by third parties;

    • (d) respecting the correction or updating of any information that is provided under this Division;

    • (e) respecting the keeping and retention of records; and

    • (f) specifying the form and manner in which the information is to be provided.

  • Marginal note:Regulations — samples

    (2) The Governor in Council may make regulations respecting the gathering of samples of greenhouse gases or other gases that contribute or could contribute to climate change or of samples of any substance or product, including a fuel, that is related to those gases and the provision of those samples to the Minister, including regulations

    • (a) respecting the sampling methods and equipment that are to be used to gather the samples; and

    • (b) specifying the form and manner in which the samples are to be provided.

Marginal note:Errors and omissions

  •  (1) If, within five years after the day on which a person provides information under this Division, the Minister is of the opinion that there is an error or omission in that information, the Minister may require the person to provide corrected information and may require the person to cause the corrected information to be verified by a third party.

  • Marginal note:Compliance

    (2) If the Minister requires a person to provide corrected information or to cause corrected information to be verified by a third party, the person must do so by a deadline specified by the Minister.

DIVISION 3Administration and Enforcement

Interpretation

Marginal note:Definitions

 The following definitions apply in this Division.

conveyance

conveyance includes any vehicle, ship or aircraft. (moyen de transport)

dwelling-house

dwelling-house has the meaning assigned by section 2 of the Criminal Code and includes, for greater certainty, living quarters on a platform anchored at sea. (maison d’habitation)

place

place includes any platform anchored at sea or conveyance. (lieu)

Designation of Enforcement Officers and Analysts

Marginal note:Designation

  •  (1) The Minister may designate individuals or classes of individuals whom the Minister considers qualified as enforcement officers or analysts for the purposes of the administration and enforcement of this Part.

  • Marginal note:Production of certificate of designation

    (2) Every enforcement officer or analyst must be furnished with a certificate of designation as an enforcement officer or analyst, as the case may be, and on entering any place referred to in subsection 203(1) must, if so requested, produce the certificate to the person in charge of the place.

  • Marginal note:Powers of enforcement officers

    (3) For the purposes of this Part, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any individuals or class of individuals.

  • Marginal note:Exclusive economic zone and continental shelf

    (4) Every power that may be exercised or every duty or function that may be performed by an enforcement officer or an analyst under this Part may be exercised or performed in the exclusive economic zone of Canada or in the waters above the continental shelf of Canada.

Marginal note:Immunity

 No action or other proceeding of a civil nature may be brought against an enforcement officer or an analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Part.

Powers

Marginal note:Authority to enter

  •  (1) An enforcement officer who has reasonable grounds to believe that anything to which this Part applies — including a book, record, piece of electronic data or other document — is located in a place or that an activity regulated by this Part is conducted in a place, may, for the purpose of verifying compliance with this Part, enter the place and require any individual to be present.

  • Marginal note:Powers

    (2) The enforcement officer may, for that purpose,

    • (a) examine anything that is found in the place;

    • (b) open and examine any receptacle or package found in the place;

    • (c) examine any books, records, electronic data or other documents and make copies of them or any part of them;

    • (d) take samples of anything to which this Part applies;

    • (e) conduct any tests or take any measurements;

    • (f) take photographs and make recordings or sketches;

    • (g) order the owner or person in charge of the place or a person at the place to establish their identity to the enforcement officer’s satisfaction;

    • (h) order the owner or person in charge of the place or a person in the place to stop or start an activity;

    • (i) use or cause to be used any computer system or means of communication at the place to examine any data contained in or available to the computer system or means of communication;

    • (j) cause a record to be produced from the data in the form of a printout or other intelligible output;

    • (k) reproduce any record or cause it to be reproduced;

    • (l) order the owner or a person having possession, care or control of anything in the place to not move it, or to restrict its movement;

    • (m) use or direct any person to operate or to cease to operate any system or equipment — including any system or equipment for measuring greenhouse gas emissions — in the place;

    • (n) take a printout or other output for examination or copying;

    • (o) use or cause to be used any copying equipment in the place to make copies of the record; and

    • (p) prohibit or limit access to all or part of the place.

  • Marginal note:Disposition of samples

    (3) An enforcement officer may dispose of a sample taken under paragraph (2)(d) in any manner that the enforcement officer considers appropriate.

  • Marginal note:Analysts

    (4) An enforcement officer who enters a place under subsection (1) may be accompanied by an analyst. The accompanying analyst may enter the place and exercise any of the powers referred to in paragraphs (2)(a) to (f) and may use any system or equipment — including any system or equipment for measuring greenhouse gas emissions — in the place.

  • Marginal note:Stopping and detaining conveyances

    (5) For the purpose of entering a place referred to in subsection (1) that is a conveyance, an enforcement officer may, at any reasonable time, direct that the conveyance be stopped — or be moved, by the route and in the manner that the enforcement officer may specify, to a place specified by the enforcement officer — and the enforcement officer may, for a reasonable time, detain the conveyance.

  • Marginal note:Enforcement officer and analyst to receive accommodation

    (6) An enforcement officer who travels to a platform anchored at sea for the purpose of entering it under subsection (1), and any analyst who accompanies the enforcement officer, must be carried to and from the platform free of charge and the person in charge of the platform must provide the enforcement officer and analyst with suitable accommodation and food free of charge.

Marginal note:Warrant to enter dwelling-house

  •  (1) If a place referred to in subsection 203(1) is a dwelling-house, an enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer to enter a dwelling-house — and authorizing any other person named in the warrant to accompany the enforcement officer and to exercise any power referred to in section 203 that is specified in the warrant — if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 203(1);

    • (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Part; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant.

  • Marginal note:Conditions in warrant

    (3) A warrant issued under this section may contain any conditions that the justice of the peace considers appropriate.

Marginal note:Production of documents and samples

  •  (1) For the purpose of verifying compliance with this Part, the Minister may, by registered letter or by a demand served personally, require any person to produce at a place specified by the Minister anything referred to in paragraph 203(2)(c) or any samples referred to in paragraph 203(2)(d) within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand.

  • Marginal note:Compliance

    (2) Any person that is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.

Assistance to Enforcement Officers and Analysts

Marginal note:Entry on private property

 While exercising powers or performing duties or functions under this Part, enforcement officers and analysts, and any persons accompanying them, may enter private property — other than a dwelling-house — and pass through it in order to gain entry to a place referred to in subsection 203(1). For greater certainty, they are not liable for doing so.

Marginal note:Assistance

 If an enforcement officer or analyst enters a place referred to in subsection 203(1), the owner or person in charge of the place and every person found in it must

  • (a) give the enforcement officer or analyst all reasonable assistance to enable them to perform duties and functions under this Part; and

  • (b) provide the enforcement officer or analyst with any information that the enforcement officer or analyst may reasonably require for the purposes of this Part.

Marginal note:False or misleading statements

 A person must not knowingly make any false or misleading statement, either orally or in writing, to an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part.

 
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