Canadian Environmental Protection Act, 1999
140 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139, including regulations respecting
(a) the concentrations or quantities of an element, component or additive in a fuel;
(b) the physical or chemical properties of a fuel;
(c) the characteristics of a fuel, based on a formula related to the fuel’s properties or conditions of use;
(d) the transfer and handling of a fuel;
(e) the keeping of books and records by persons who produce, sell or import fuel;
(f) the auditing of the books and records and the submission of audit reports and copies of the books and records;
(g) the submission, by persons who produce, import or sell fuel, of information regarding
(i) the fuel and any element, component or additive contained in the fuel,
(ii) any physical or chemical property of the fuel or any substance intended for use as an additive to the fuel,
(iii) the adverse effects from the use of the fuel on the environment, on human life or health, on combustion technology or on emission control equipment, and
(iv) the techniques that may be used to detect and measure elements, components, additives and physical and chemical properties;
(h) the conduct of sampling, analyses, tests, measurements or monitoring of fuels and additives and the submission of the results;
(i) the submission of samples of fuels and additives; and
(j) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring.
Marginal note:Significant contribution
(2) The Governor in Council may make a regulation under any of paragraphs (1)(a) to (d) if the Governor in Council is of the opinion that the regulation could make a significant contribution to the prevention of, or reduction in, air pollution resulting from
(a) directly or indirectly, the fuel or any of its components; or
(b) the fuel’s effect on the operation, performance or introduction of combustion or other engine technology or emission control equipment.
Marginal note:Variations in fuels
(3) A regulation may distinguish among fuels according to their commercial designation, source, physical or chemical properties, class, conditions of use or place or time of year of use.
(4) Before recommending a regulation to the Governor in Council under subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment.
Marginal note:Minister may act
(5) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (4), the Minister may recommend a regulation to the Governor in Council under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.
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