PART 2Industrial Greenhouse Gas Emissions (continued)
DIVISION 5Miscellaneous (continued)
Marginal note:Additional justification
255 (1) The Minister may, after studying the reasons provided under section 254, require the person in question to provide in writing, within a period specified by the Minister, additional justification for the request for confidentiality.
Marginal note:Minister’s decision
(2) In determining whether to accept or reject the request, the Minister must consider whether the reasons are well-founded and, if they are, the Minister may nevertheless reject the request if the Minister considers that the public interest in the disclosure of the information outweighs in importance any material financial loss or prejudice to the competitive position of the person that provided the information.
Marginal note:Acceptance of request
(3) If the Minister accepts the request, he or she must not disclose the information unless the disclosure
(a) is made with the written consent of the person that made the request;
(b) is made to the Canada Revenue Agency;
(c) is made to the Minister of Finance for the purpose of developing policy related to the pricing of greenhouse gas emissions;
(d) is necessary for the purposes of the administration or enforcement of this Part; or
(e) is made under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or a political subdivision of a foreign state, or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, in which the government, international organization, institution or other minister undertakes to keep the information confidential.
Marginal note:Rejection of request
(4) If the Minister rejects the request,
(a) the person has the right to ask the Federal Court to review the matter within 30 days after the day on which the person is notified that the request has been rejected or within any further time that the Court may, before the expiry of those 30 days, fix; and
(b) the Minister must advise the person of the rejection, of the Minister’s intention to disclose the information and of the person’s right to ask the Federal Court to review the matter.
Marginal note:Applicable provisions
(5) If the person asks the Federal Court to review a matter under paragraph (4)(a), sections 45 to 47 of the Access to Information Act apply, with any modifications that the circumstances require, in respect of a request for a review under that paragraph as if it were an application made under section 44 of that Act.
256 The Governor in Council may make regulations specifying the information to be provided in a request for confidentiality.
257 For greater certainty, regulations made under this Part may distinguish among any province or area and among any class of persons, equipment, facilities, activities or greenhouse gas emission sources, including fuels.
Marginal note:Incorporation by reference — limitation removed
258 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act, to the effect that a document must be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Part.
Marginal note:Regulations not mandatory
259 The following provisions apply in the absence of any regulations referred to in those provisions:
(a) subsections 172(1) and (3);
(b) sections 175 and 179;
(c) subsection 180(2);
(d) section 182;
(e) subsection 187(3); and
(f) subsections 188(1), (2) and (4).
Marginal note:Service Fees Act
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
262 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
(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)
(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.
(2) Subsection (1) does not apply to any provision of a provincial law that imposes a tax.
(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.
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