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

Act current to 2022-01-12 and last amended on 2022-01-01. Previous Versions

PART 2Industrial Greenhouse Gas Emissions (continued)

DIVISION 5Miscellaneous (continued)

Service Fees Act

Marginal note:Service Fees Act

 For greater certainty, an excess emissions charge is not a fee as defined in subsection 2(1) of the Service Fees Act.

Review

Marginal note:Review

  •  (1) The Minister must undertake a review of sections 232 to 252 each time the Minister undertakes a review under section 294.5 of the Canadian Environmental Protection Act, 1999.

  • Marginal note:Report to Parliament

    (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament.

PART 3Application of Provincial Schemes

Marginal note:Definitions

 The following definitions apply in this Part.

federal land

federal land means land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land. (territoire domanial)

federal work or undertaking

federal work or undertaking means any work or undertaking that is within the legislative authority of Parliament, including

  • (a) a work or undertaking operated for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship;

  • (b) a railway, canal, telegraph or other work or undertaking connecting one province with another, or extending beyond the limits of a province;

  • (c) a line of ships connecting a province with any other province, or extending beyond the limits of a province;

  • (d) a ferry between any province and any other province or between any province and any country other than Canada;

  • (e) airports, aircraft and commercial air services;

  • (f) a broadcast undertaking;

  • (g) a bank;

  • (h) a work or undertaking that, although wholly situated within a province, is before or after its completion declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces; and

  • (i) a work or undertaking outside the exclusive legislative authority of the legislatures of the provinces. (entreprises fédérales)

Indigenous land

Indigenous land means

  • (a) a reserve and any other land that is set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above that reserve or land; and

  • (b) land that is subject to a comprehensive or specific claim agreement, or a self-government agreement, between the Government of Canada and an Indigenous people of Canada, and all waters on and airspace above that land, with respect to which title remains with Her Majesty in right of Canada. (terres autochtones)

Indigenous peoples of Canada

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)

provincial law

provincial law means an Act of the legislature of a province that relates to the control or pricing of greenhouse gas emissions and any regulations made under that Act. (texte législatif d’une province)

Marginal note:Regulations

  •  (1) The Governor in Council may, by regulation, made on the recommendation of the Minister of the Environment, provide that a provincial law applies to

    • (a) a federal work or undertaking that is located in that province;

    • (b) federal land or any part of that land that is located in that province;

    • (c) Indigenous land or any part of that land that is located in that province;

    • (d) any part of the internal waters of Canada that is located in or contiguous with that province; or

    • (e) any part of the territorial sea of Canada, the exclusive economic zone of Canada or the continental shelf of Canada that is contiguous with that province.

  • Marginal note:Limitation

    (2) Subsection (1) does not apply to any provision of a provincial law that imposes a tax.

  • Marginal note:Limitation

    (3) For greater certainty, this section must not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over any offshore area to which a provincial law is applied under this section or the living or non-living resources of that area, or as limiting the application of any federal laws.

Marginal note:Statutory Instruments Act

 The Statutory Instruments Act does not apply to any instrument made by a provincial official or body under the authority of a provincial law that is incorporated by reference in a regulation made under subsection 263(1).

Marginal note:Service Fees Act

 For greater certainty, the Service Fees Act does not apply to any fee, charge or levy that is fixed under a provincial law that is incorporated by reference in a regulation made under subsection 263(1).

Marginal note:Federal Courts Act

  •  (1) A provincial official or body that exercises a power or performs a duty or function under a regulation made under subsection 263(1) is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act.

  • Marginal note:Review or appeal in provincial courts

    (2) Unless otherwise provided by a regulation made under subsection 263(1), if a power is conferred or a duty or function is imposed by a provincial law that is incorporated by reference in the regulation, the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the laws of that province applied.

Marginal note:Exclusive economic zone and continental shelf

 For greater certainty, an individual who exercises a power or performs a duty or function under a regulation made under subsection 263(1) may do so in the exclusive economic zone of Canada or in waters above the continental shelf of Canada.

Marginal note:Amounts collected

 Payments collected by a provincial official or body under a regulation made under subsection 263(1) belong to Her Majesty in right of the province and are not public money for the purposes of the Financial Administration Act.

Marginal note:Liability for acts and omissions

 In respect of any act or omission occurring in the exercise of a power or the performance of a duty or function under a regulation made under subsection 263(1),

  • (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in question when Her Majesty in right of that province exercises such a power or performs such a duty or function under the law that applies in that province; and

  • (b) any person or body exercising the power or performing the duty or function is entitled to the same limits on liability, defences and immunities as those that would apply to a person or body when the person or body exercises such a power or performs such a duty or function under the law that applies in that province in question.

PART 4Report to Parliament

Marginal note:Annual report

 Starting in the year in which the second anniversary of the day on which this section comes into force falls and each calendar year after that, the Minister of the Environment must prepare a report on the administration of this Act and have a copy of the report tabled in each House of Parliament.

 
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