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

Act current to 2019-06-20 and last amended on 2019-04-01. Previous Versions

PART 3Application of Provincial Schemes (continued)

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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