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Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act (SOR/2010-138)

Regulations are current to 2020-10-05 and last amended on 2018-11-23. Previous Versions

Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act

SOR/2010-138

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2010-06-17

Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act

P.C. 2010-763 2010-06-17

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on November 14, 2009, a copy of the proposed Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 145 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act.

Prescribed Circumstances

 The circumstances referred to in section 147 of the Canadian Environmental Protection Act, 1999 are the following:

  • (a) an actual or anticipated shortage of fuel exists and one of the following measures has been made or issued:

    • (i) a proclamation by the Governor in Council under subsection 6(1), 17(1), 28(1) or 38(1) of the Emergencies Act,

    • (ii) an order by the Governor in Council under subsection 15(1) of the Energy Supplies Emergency Act, or

    • (iii) a declaration of emergency in a province, by a responsible provincial authority duly authorized by the applicable provincial Act regarding emergency situations or civil protection; or

    • (iv) to (xv) [Repealed, SOR/2018-246, s. 1]

  • (b) an actual or anticipated shortage of fuel exists and the Minister of National Defence advised the Minister in writing that the actual or anticipated shortage of fuel affects or could affect the Government of Canada’s ability to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.

  • SOR/2018-246, s. 1

Coming into Force

 These Regulations come into force on the day on which they are registered.

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