Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Remedial Measures

Marginal note:Remedial measures

• 148 (1) If, in respect of a fuel, there is a contravention of this Division or a regulation made under this Division, the Minister may, in writing, direct a producer, processor, importer, retailer or distributor of the fuel to take any or all of the following measures in a manner and within the period directed by the Minister:

  • (a) give public notice of the relevant characteristics of the fuel and of any danger to the environment or to human life or health that might be posed by the fuel;

  • (b) mail a notice as described in paragraph (a) to producers, processors, importers, retailers or distributors of the fuel;

  • (c) mail a notice as described in paragraph (a) to persons to whom the fuel is known to have been delivered or sold;

  • (d) replace the fuel with fuel that meets the applicable requirements;

  • (e) accept the return of the fuel from the purchaser and refund the purchase price;

  • (f) take other measures to mitigate the effect of the contravention on the environment or on human life or health; and

  • (g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).

• Marginal note:Intervention of Minister

  (2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.

• Marginal note:Recovery of costs

  (3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.

DIVISION 5Vehicle, Engine and Equipment Emissions

Interpretation

Marginal note:Definitions

149 The definitions in this section apply in this Division and in Part 10 as it relates to the enforcement of this Division.

company

company means a person who

• (a) is engaged in the business of manufacturing vehicles, engines or equipment in Canada;

• (b) is engaged in the business of selling to other persons, for the purpose of resale by those persons, vehicles, engines or equipment obtained directly from a person described in paragraph (a) or the agent of such a person; or

• (c) imports any vehicle, engine or equipment into Canada for the purpose of sale. (entreprise)

engine

engine means any prescribed internal combustion engine, but does not include

• (a) an engine designed to propel an aircraft as defined in subsection 3(1) of the Aeronautics Act;

• (b) an engine designed to propel rolling stock as defined in section 6 of the Canada Transportation Act; or

• (c) a marine compression-ignition engine that is rated at 37 kW or more and is designed to propel a vessel. (moteur)

equipment

equipment means any prescribed equipment that is designed for use in or on a vehicle or engine. (équipement)

manufacture

manufacture includes any process of assembling or altering any vehicle, engine or equipment before its sale to the first retail purchaser. (fabrication ou construction)

national emissions mark

national emissions mark means a mark established by regulation for use in respect of emissions from vehicles, engines or equipment. (marque nationale)

standard

standard means a standard that governs the design, construction, functioning or marking of vehicles, engines or equipment for the purpose of controlling or monitoring their emissions. (norme)

vehicle

vehicle means any prescribed self-propelled vehicle, but does not include

• (a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;

• (b) rolling stock as defined in section 6 of the Canada Transportation Act; or

• (c) a vessel that is fitted, for the purpose of propulsion, with a marine compression-ignition engine that is rated at 37 kW or more. (véhicule)

vessel

vessel means a boat, ship or craft designed, used or capable of being used solely or partly for navigation in, on, through or immediately above water. (bâtiment)

National Emissions Marks

Marginal note:Nature of marks

• 150 (1) The national emissions marks are national trademarks.

• Marginal note:Property rights

  (2) The exclusive property in and, except as otherwise provided in this Division, the right to use a national emissions mark are hereby vested in Her Majesty in right of Canada.

• Marginal note:Prohibition

  (3) No person shall use a national emissions mark except in accordance with this Division and the regulations.

• Marginal note:Confusing marks

  (4) No person shall use any other mark in such a manner that it is likely to be mistaken for a national emissions mark.

Marginal note:Use of marks

151 A company authorized by the Minister may, subject to this Division and the regulations, apply a national emissions mark to vehicles, engines or equipment.

Marginal note:Transportation within Canada

152 No company shall transport within Canada a prescribed vehicle, engine or equipment that does not have a national emissions mark applied to it.

Vehicle, Engine and Equipment Standards

Marginal note:Compliance by companies

• 153 (1) No company shall apply a national emissions mark to any vehicle, engine or equipment, sell any vehicle, engine or equipment to which a national emissions mark has been applied or import any vehicle, engine or equipment unless

  • (a) the vehicle, engine or equipment conforms to the standards prescribed for vehicles, engines or equipment of its class at the time its main assembly or manufacture was completed;

  • (b) evidence of such conformity has been obtained and produced in the prescribed form and manner or, if the regulations so provide, in a form and manner satisfactory to the Minister;

  • (c) prescribed information relating to standards for emissions from the vehicle, engine or equipment has been submitted to the Minister in the prescribed manner;

  • (d) information is marked on the vehicle, engine or equipment in accordance with the regulations;

  • (e) if required by the regulations, prescribed documentation or accessories accompany the vehicle, engine or equipment;

  • (f) prescribed information relating to the operation or use of the vehicle, engine or equipment is disseminated in the prescribed form and manner;

  • (g) records are maintained and furnished in the prescribed form and manner in relation to the design, manufacture, testing and field performance of the vehicle, engine or equipment, for the purpose of

    • (i) enabling an enforcement officer to determine whether the vehicle, engine or equipment conforms to all prescribed standards applicable to it, and

    • (ii) facilitating the identification and analysis of defects referred to in subsection 157(1); and

  • (h) in the case of engines and equipment, the company maintains a registration system in the prescribed form and manner.

• Marginal note:Exception

  (2) Except as otherwise provided by the regulations, subsection (1) does not apply with respect to the application of a national emissions mark or an importation referred to in that subsection if the requirements under that subsection are met before the vehicle, engine or equipment leaves the possession or control of the company and, in the case of a vehicle, before the vehicle is presented for registration under the laws of a province or an aboriginal government.

• Marginal note:Certification by foreign agency

  (3) Any vehicle, engine or equipment is deemed to conform to a prescribed standard if

  • (a) the regulations provide that an enactment of a foreign government corresponds to that standard; and

  • (b) a prescribed agency of that government has certified that the vehicle, engine or equipment conforms to the enactment as applied by the agency, unless the Minister determines otherwise.

Marginal note:Compliance on importation

154 No person shall import any vehicle, engine or equipment of a prescribed class unless the requirements of paragraphs 153(1)(a), (b), (d) and (e) are met in respect of the vehicle, engine or equipment.

Marginal note:Exceptions for certain importations

• 155 (1) Sections 153 and 154 do not apply in respect of the importation of any vehicle, engine or equipment if

  • (a) the person importing the vehicle, engine or equipment makes a declaration in the prescribed form and manner that the vehicle, engine or equipment will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing and will remain in Canada for not longer than one year or any other period that the Minister specifies;

  • (b) the vehicle, engine or equipment is in transit through Canada, from a place outside Canada, to another place outside Canada and is accompanied by written evidence establishing that the vehicle, engine or equipment will not be sold or used in Canada; or

  • (c) the vehicle, engine or equipment is being imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country.

• Marginal note:Vehicle from United States or Mexico

  (2) Sections 153 and 154 do not apply in respect of the importation of a vehicle that has been sold at the retail level in the United States, or that is a prescribed vehicle from Mexico, if the vehicle satisfies the conditions specified in the regulations, if any, and if the person importing it makes a declaration in the prescribed form and manner that,

  • (a) within the prescribed period, the applicable requirements of those sections will be met and, if required by the regulations, the vehicle will be inspected in accordance with them; and

  • (b) before the vehicle is presented for licensing under the laws of a province or an aboriginal government, the vehicle will be certified, in accordance with the regulations, as conforming to the applicable requirements of those sections.

• Marginal note:Change in standard since manufacture

  (3) Sections 153 and 154 do not apply in respect of the importation of any vehicle, engine or equipment that does not conform to a standard prescribed for its class at the time of its main assembly or manufacture if, at the time of its importation, that standard is no longer in effect and

  • (a) the vehicle, engine or equipment conforms to the corresponding standard prescribed for its class at that time; or

  • (b) there is no corresponding standard at that time.

• Marginal note:Imported vehicle or engine

  (4) A vehicle or engine that is imported and for which there is no prescribed standard must conform to the standard prescribed for the class of equivalent vehicles or engines before presentation for registration under the laws of a province or an aboriginal government.

• Marginal note:Declarations binding

  (5) No person who makes a declaration referred to in paragraph (1)(a) or subsection (2), or provides evidence referred to in paragraph (1)(b), in respect of any vehicle, engine or equipment shall use or dispose of the vehicle, engine or equipment in a manner contrary to the terms of that declaration or evidence.

• Marginal note:Record keeping

  (6) Every person who makes a declaration referred to in paragraph (1)(a) or subsection (2), or provides evidence referred to in paragraph (1)(b), in respect of any vehicle, engine or equipment shall keep a record of the use or disposition of the vehicle, engine or equipment in accordance with the regulations.

Vehicle or Engine Exemptions

Marginal note:Exemption from standards

• 156 (1) On application by a company in the prescribed form, supported by prescribed technical and financial information, the Governor in Council may, by order, grant an exemption for a specified period, subject to any conditions specified in the order, for any model of vehicle or engine manufactured or imported by the company from conformity with any prescribed standard applicable to that model if conformity with that standard would, in the opinion of the Governor in Council,

  • (a) create substantial financial hardship for the company;

  • (b) impede the development of new features for safety, emission monitoring or emission control that are equivalent to or superior to those that conform to prescribed standards; or

  • (c) impede the development of new kinds of vehicles, engines or vehicle or engine systems or components.

• Marginal note:Period and extent of exemption

  (2) An exemption for a model may be granted for a period not exceeding

  • (a) three years, if paragraph (1)(a) applies; or

  • (b) two years, in respect of a stated number of units of that model not exceeding 1,000 units, if paragraph (1)(b) or (c) applies.

• Marginal note:Conditions for granting exemption

  (3) An exemption may not be granted for a model if the exemption would substantially diminish the control of emissions from it or if the company applying for the exemption has not provided evidence that satisfies the Governor in Council that it has attempted in good faith to bring the model into conformity with all applicable prescribed standards.

• Marginal note:Further conditions

  (4) An exemption for substantial financial hardship may not be granted under paragraph (1)(a) if

  • (a) the world production of vehicles or engines manufactured by the company, or by the manufacturer of the model that is the subject of the application, exceeded 10,000 vehicles or engines in the 12-month period beginning two years before the beginning of the exemption period; or

  • (b) the total number of vehicles or engines manufactured for, or imported into, the Canadian market by the company exceeded 1,000 vehicles or engines in that 12-month period.

• Marginal note:Renewal of exemption

  (5) On the expiry of the exemption period, a new exemption may be granted in accordance with this section.