GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 133
Publication 133 (1) When issuing a Canadian permit or varying any of its conditions or renewing a permit issued under subsection 127(1), the Minister shall publish the text of the permit, the varied condition or the renewed permit, as the case may be, in the Environmental Registry. Publication before disposal or loading (2) Publication under subsection (1) shall be made (a) in the case of a permit issued under subsection 128(2), as soon as possible after the permit is issued; and (b) in every other case, at least seven days before the effective date of the permit, the variation of its conditions or its renewal. 1999, c. 33, s. 133; 2012, c. 19, s. 159
Canadian Environmental Protection Act, 1999 — C-15.31 134
Notice of objection 134 (1) Any person may file with the Minister a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, if the Minister (a) issues or refuses a Canadian permit; (a.1) renews or refuses to renew a permit issued under subsection 127(1); or (b) suspends or revokes a Canadian permit or varies its conditions, otherwise than in accordance with the recommendations of a report of a board of review established under section 333 in respect of the permit. Time for filing notice of objection (2) The notice of objection shall be filed within seven days after (a) the date the text of the Canadian permit or the permit renewed under subsection 127(1), as the case may be, is published in the Environmental Registry; or (b) the date the person receives a notice from the Minister that the Canadian permit has been refused, suspended or revoked, that its conditions have been varied or that the renewal of a permit issued under subsection 127(1) has been refused. 1999, c. 33, s. 134; 2012, c. 19, s. 160
Canadian Environmental Protection Act, 1999 — C-15.31 136
Costs and expenses recoverable 136 If the Minister directs an action to be taken by or on behalf of Her Majesty in right of Canada to remedy a condition or mitigate damage resulting from an offence under this Act that arises out of this Division, the costs and expenses of and incidental to taking that action, to the extent that they can be established to have been reasonably incurred in the circumstances, are recoverable by Her Majesty in right of Canada from the person or ship that committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction. 1999, c. 33, s. 136; 2005, c. 23, s. 27(E)
Canadian Environmental Protection Act, 1999 — C-15.31 137
Manner of service 137 Except where otherwise provided by any rules of the Federal Court that are applicable to proceedings arising out of this Division, any document that, for the purposes of any such proceedings, is to be served on a person may be served (a) in any case, by delivering a copy of the document personally to the person to be served or, if the person cannot be found, by leaving a copy at their latest known address; (b) if the document is to be served on the master of a ship or on any other person employed on a ship and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document for the master or other person on board the ship with the person who is, or appears to be, in command or charge of the ship; (c) if the document is to be served on the pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document with the person who is, or appears to be, in charge of the aircraft; and (d) if the document is to be served on a person in their capacity as owner or master of a ship or owner or pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a) and the ship or aircraft is within an area of the sea referred to in any of paragraphs 122(2)(a) to (e) or in Canada, by leaving a copy of the document with any agent of the owner residing in Canada or, where no such agent is known or can be found, by affixing a copy of it to a prominent part of the ship or aircraft.
Canadian Environmental Protection Act, 1999 — C-15.31 138
Definitions 138 The definitions in this section apply in this Division. engine means a device that transforms one form of energy into another. ( moteur ) national fuels mark means a mark established by regulation for use in respect of fuels. ( marque nationale )
Canadian Environmental Protection Act, 1999 — C-15.31
engine means a device that transforms one form of energy into another. ( moteur )
Canadian Environmental Protection Act, 1999 — C-15.31
national fuels mark means a mark established by regulation for use in respect of fuels. ( marque nationale )
Canadian Environmental Protection Act, 1999 — C-15.31 139
Prohibition 139 (1) No person shall produce, import or sell a fuel that does not meet the prescribed requirements. Exceptions (2) A person does not contravene subsection (1) if (a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit; (b) subject to the regulations, the fuel is produced or sold for export and there is written evidence establishing that the fuel will be exported; (c) subject to the regulations, the fuel is being produced or imported and there is written evidence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold; (d) subject to the regulations, the fuel is being imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air; or (e) that person is exempted from the application of that subsection by a regulation made under subsection 140(3). 1999, c. 33, s. 139; 2008, c. 31, s. 1
Canadian Environmental Protection Act, 1999 — C-15.31 140
at purpose. Report (7) The committee referred to in subsection (6) should, within one year after a review is undertaken pursuant to that subsection, submit a report on the review to Parliament, including a statement of any recommendations that the committee makes in respect of biofuel production in Canada. 1999, c. 33, s. 140; 2008, c. 31, s. 2
Canadian Environmental Protection Act, 1999 — C-15.31 141
Nature of mark 141 (1) The national fuels marks are national trademarks. Property rights (2) The exclusive property in and, except as otherwise provided in this Division, the right to the use of the national fuels marks are hereby vested in Her Majesty in right of Canada. 1999, c. 33, s. 141 2014, c. 20, s. 366(E)
Canadian Environmental Protection Act, 1999 — C-15.31 142
Prohibition 142 (1) No person shall use a national fuels mark except in accordance with this Division and the regulations. Confusing marks (2) No person shall use any other mark in such a manner that it is likely to be mistaken for a national fuels mark.
Canadian Environmental Protection Act, 1999 — C-15.31 143
Requirements for use 143 A person may use a national fuels mark in respect of a prescribed fuel if (a) the use is authorized by the Minister; (b) the fuel conforms to the requirements for that fuel provided for by regulations made under section 145 and any requirements that are applicable to that fuel and that may be provided for by regulations made under subsection 93(1) or 140(1); (c) evidence of such conformity has been obtained and produced in accordance with the regulations; and (d) prescribed information relating to the fuel has been submitted to the Minister in the prescribed manner.
Canadian Environmental Protection Act, 1999 — C-15.31 144
Cross-boundary shipments 144 (1) No person shall import, or transport within Canada, a prescribed fuel if the requirements set out in paragraphs 143(b) to (d) are not met. Exceptions (2) Except as otherwise provided by the regulations, subsection (1) does not apply if (a) the requirements are met before the fuel is used or sold; or (b) the fuel is being used in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.
Canadian Environmental Protection Act, 1999 — C-15.31 145
Regulations 145 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of sections 141 to 144 and 147, including regulations (a) establishing the national fuels marks; (b) determining the fuels for which a national fuels mark may be used; (c) respecting any condition or requirement that must be met for a national fuels mark to be used if, in the opinion of the Governor in Council, regulations respecting that condition or requirement may not be made under section 140; (d) respecting the conditions and procedures for obtaining authorization to use a national fuels mark; (e) respecting the information or other evidence necessary under sections 143 and 144; and (f) prescribing or providing for anything that by sections 141 to 144 and 147 is to be prescribed or provided for by the regulations. Consultation (2) 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. Minister may act (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), 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.
Canadian Environmental Protection Act, 1999 — C-15.31 147
Temporary waiver 147 The Minister may, in prescribed circumstances, grant a temporary waiver from any of the requirements of a regulation made under section 140 or 145 on any conditions and for any period that may be determined by the Minister.
Canadian Environmental Protection Act, 1999 — C-15.31 148
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). 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. 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.
Canadian Environmental Protection Act, 1999 — C-15.31 149
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 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 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 means any prescribed equipment that is designed for use in or on a vehicle or engine. ( équipement ) 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 means a mark established by regulation for use in respect of emissions from vehicles, engines or equipment. ( marque nationale ) 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 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 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 ) 1999, c. 33, s. 149; 2001, c. 26, s. 331
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
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 )
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
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 )
Canadian Environmental Protection Act, 1999 — C-15.31
equipment means any prescribed equipment that is designed for use in or on a vehicle or engine. ( équipement )
Canadian Environmental Protection Act, 1999 — C-15.31
manufacture includes any process of assembling or altering any vehicle, engine or equipment before its sale to the first retail purchaser. ( fabrication ou construction )
Canadian Environmental Protection Act, 1999 — C-15.31
national emissions mark means a mark established by regulation for use in respect of emissions from vehicles, engines or equipment. ( marque nationale )
Canadian Environmental Protection Act, 1999 — C-15.31
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 )
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
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 )
Canadian Environmental Protection Act, 1999 — C-15.31
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 )
Canadian Environmental Protection Act, 1999 — C-15.31 150
Nature of marks 150 (1) The national emissions marks are national trademarks. 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. Prohibition (3) No person shall use a national emissions mark except in accordance with this Division and the regulations. 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. 1999, c. 33, s. 150 2014, c. 20, s. 366(E)
Canadian Environmental Protection Act, 1999 — C-15.31 151
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.
Canadian Environmental Protection Act, 1999 — C-15.31 152
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.
Canadian Environmental Protection Act, 1999 — C-15.31 153
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. 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. 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.
Canadian Environmental Protection Act, 1999 — C-15.31 154
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.
Canadian Environmental Protection Act, 1999 — C-15.31 156
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. 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. 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. 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. Renewal of exemption (5) On the expiry of the exemption period, a new exemption may be granted in accordance with this section.