GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Greenhouse Gas Pollution Pricing Act — G-11.55 192
Regulations 192 The Governor in Council may make regulations for the purposes of this Division, including regulations (a) defining facility ; (b) respecting covered facilities, including the circumstances under which they cease to be covered facilities; (c) allowing for the determination of the persons that are responsible for a facility or covered facility; (d) respecting designations and cancellations of designations under section 172 ; (e) respecting compliance periods and the associated regular-rate compensation deadlines and increased-rate compensation deadlines; (f) respecting the reports and verifications referred to in section 173 and subsections 176 (2) and 177 (2); (g) respecting greenhouse gas emissions limits referred to in sections 173 to 175 , subsection 178 (1), section 182 and subsection 183 (1); (h) respecting the quantification of greenhouse gases that are emitted by a facility; (i) respecting the circumstances under which greenhouse gases are deemed to have been emitted by a facility; (j) respecting the methods, including sampling methods, and equipment that are to be used to gather information on greenhouse gas emissions and activities related to those emissions; (k) respecting the compensation referred to in sections 174 and 178 ; (l) respecting compliance units, including transfers of compliance units, the circumstances under which transfers of compliance units are prohibited and the recognition of units or credits issued by a person other than the Minister as compliance units; (m) respecting the tracking system referred to in section 185 and the accounts in that system; (n) providing for user fees; (o) respecting the rounding of numbers; (p) respecting the retention of records referred to in section 187 ; and (q) respecting the correction or updating of information that has been provided under this Division.
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Transitional measures 193 The Governor in Council may make regulations respecting transitional matters related to the deletion of the name of a province or the description of an area from Part 2 of Schedule 1 or to circumstances in which a facility ceases to be a covered facility, including regulations respecting the application of this Division during a portion of a compliance period.
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Effect 194 (1) An order made under section 189 , 190 or 191 and a regulation made under section 192 or 193 may have effect earlier than the day on which it is made if it so provides and it gives effect to measures referred to in a notice published by the Minister. However, the order or regulation must not have effect before the day on which the notice is published. Statutory Instruments Act (2) For greater certainty, a notice referred to subsection (1) is a regulation as defined in subsection 2(1) of the Statutory Instruments Act if, for the purpose of ensuring the early registration under section 171 of facilities as covered facilities, the notice sets out criteria respecting facilities and persons.
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Regulations — offset credit system 195 The Governor in Council may make regulations establishing an offset credit system for projects that prevent greenhouse gases from being emitted or that remove greenhouse gases from the atmosphere, including regulations (a) respecting the issuance by the Minister of offset credits to persons that are responsible for the projects; (b) imposing requirements on those persons; (c) respecting the registration and monitoring of the projects; (d) respecting the keeping and retention of records; and (e) providing for user fees.
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Delegation 196 The Minister may delegate his or her powers, duties and functions under this Division, with the exception of the one set out in subsection 194 (1), to any person.
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Purposes 197 (1) The Minister may exercise a power under this section for one or more of the following purposes: (a) to assess the emission levels in Canada of greenhouse gases or other gases that contribute or could contribute to climate change; (b) to determine whether measures to control those emissions are required and, if so, what measures are to be taken; and (c) to ensure that information that is necessary for the purposes of Division 1 is gathered or provided to the Minister. Order (2) The Minister may, by order, require any person that is described in the order (a) to notify the Minister if, during a period specified in the order, the person is or was engaged in any activity related to gases specified in the order; (b) to gather information on those gases, including (i) information on a substance or product, including a fuel, that is related to those gases, and (ii) plans, specifications, studies and information in respect of any equipment, facility or activity that is related to those gases; (c) to gather samples of those gases or any substance or product, including a fuel, that is related to those gases; (d) to use specified methods and equipment to gather the information and samples or to quantify gas emissions; and (e) to provide any information on those gases or to provide any samples referred to in paragraph (c) to the Minister. Other requirements (3) The order may also (a) require numbers to be rounded in accordance with a method specified in the order; (b) require any information that must be provided to be verified by a third party in accordance with the order; (c) require copies of any information that is provided — and any documents, calculations, measurements and other data on which the information is based — to be retained in a location specified in the order for a period specified in the order; (d) require the updating, within a period specified in the order, of contact information for a person described in the order and any other information of an administrative nature that is specified in the order; and (e) specify the form and manner in which information and samples are to be provided. Compliance with order (4) A person that is described in the order must comply with the order within the time specified in the order. Extension of time (5) On request in writing from a person that is described in the order, the Minister may extend the time within which the person is required to comply with it.
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Regulations — information 198 (1) The Governor in Council may make regulations respecting the gathering of information on greenhouse gases or other gases that contribute or could contribute to climate change, on the emission of those gases and on activities related to those emissions and the provision of that information to the Minister, including regulations (a) respecting the methods, including sampling methods, and equipment that are to be used to gather the information or to quantify gas emissions; (b) respecting the rounding of numbers; (c) respecting the verification of the information by third parties; (d) respecting the correction or updating of any information that is provided under this Division; (e) respecting the keeping and retention of records; and (f) specifying the form and manner in which the information is to be provided. Regulations — samples (2) The Governor in Council may make regulations respecting the gathering of samples of greenhouse gases or other gases that contribute or could contribute to climate change or of samples of any substance or product, including a fuel, that is related to those gases and the provision of those samples to the Minister, including regulations (a) respecting the sampling methods and equipment that are to be used to gather the samples; and (b) specifying the form and manner in which the samples are to be provided.
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Errors and omissions 199 (1) If, within five years after the day on which a person provides information under this Division, the Minister is of the opinion that there is an error or omission in that information, the Minister may require the person to provide corrected information and may require the person to cause the corrected information to be verified by a third party. Compliance (2) If the Minister requires a person to provide corrected information or to cause corrected information to be verified by a third party, the person must do so by a deadline specified by the Minister.
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Definitions 200 The following definitions apply in this Division. conveyance includes any vehicle, ship or aircraft. ( moyen de transport ) dwelling-house has the meaning assigned by section 2 of the Criminal Code and includes, for greater certainty, living quarters on a platform anchored at sea. ( maison d’habitation ) place includes any platform anchored at sea or conveyance. ( lieu )
Greenhouse Gas Pollution Pricing Act — G-11.55
conveyance includes any vehicle, ship or aircraft. ( moyen de transport )
Greenhouse Gas Pollution Pricing Act — G-11.55
dwelling-house has the meaning assigned by section 2 of the Criminal Code and includes, for greater certainty, living quarters on a platform anchored at sea. ( maison d’habitation )
Greenhouse Gas Pollution Pricing Act — G-11.55
place includes any platform anchored at sea or conveyance. ( lieu )
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Designation 201 (1) The Minister may designate individuals or classes of individuals whom the Minister considers qualified as enforcement officers or analysts for the purposes of the administration and enforcement of this Part. Production of certificate of designation (2) Every enforcement officer or analyst must be furnished with a certificate of designation as an enforcement officer or analyst, as the case may be, and on entering any place referred to in subsection 203 (1) must, if so requested, produce the certificate to the person in charge of the place. Powers of enforcement officers (3) For the purposes of this Part, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any individuals or class of individuals. Exclusive economic zone and continental shelf (4) Every power that may be exercised or every duty or function that may be performed by an enforcement officer or an analyst under this Part may be exercised or performed in the exclusive economic zone of Canada or in the waters above the continental shelf of Canada.
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Immunity 202 No action or other proceeding of a civil nature may be brought against an enforcement officer or an analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Part.
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Warrant to enter dwelling-house 204 (1) If a place referred to in subsection 203 (1) is a dwelling-house, an enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer to enter a dwelling-house — and authorizing any other person named in the warrant to accompany the enforcement officer and to exercise any power referred to in section 203 that is specified in the warrant — if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 203 (1); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Part; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Conditions in warrant (3) A warrant issued under this section may contain any conditions that the justice of the peace considers appropriate.
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Production of documents and samples 205 (1) For the purpose of verifying compliance with this Part, the Minister may, by registered letter or by a demand served personally, require any person to produce at a place specified by the Minister anything referred to in paragraph 203 (2)(c) or any samples referred to in paragraph 203 (2)(d) within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand. Compliance (2) Any person that is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required.
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Entry on private property 206 While exercising powers or performing duties or functions under this Part, enforcement officers and analysts, and any persons accompanying them, may enter private property — other than a dwelling-house — and pass through it in order to gain entry to a place referred to in subsection 203 (1). For greater certainty, they are not liable for doing so.
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Assistance 207 If an enforcement officer or analyst enters a place referred to in subsection 203 (1), the owner or person in charge of the place and every person found in it must (a) give the enforcement officer or analyst all reasonable assistance to enable them to perform duties and functions under this Part; and (b) provide the enforcement officer or analyst with any information that the enforcement officer or analyst may reasonably require for the purposes of this Part.
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False or misleading statements 208 A person must not knowingly make any false or misleading statement, either orally or in writing, to an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part.
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Obstruction 209 A person must not obstruct or hinder an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part.
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Custody of things seized 210 (1) Subject to subsections (2) and (3), if an enforcement officer seizes a thing under section 489 of the Criminal Code , (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code . Forfeiture if ownership not ascertainable (2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada. Abandonment (3) The owner of the seized thing may abandon it to Her Majesty in right of Canada.
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Disposition by Minister 211 Any thing that has been forfeited or abandoned under this Part is to be dealt with and disposed of as the Minister may direct.
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Liability for costs 212 The lawful owner and any person lawfully entitled to possession of any thing seized, detained, forfeited or abandoned under this Part or under the Criminal Code and who has been found guilty of an offence under this Part in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of entry to a place, seizure, detention, forfeiture, abandonment or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Part or the Criminal Code .
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Jurisdiction of justices and judges 213 A justice or judge in any territorial division in Canada has jurisdiction to exercise powers or perform duties or functions under this Part in relation to the exercise of powers or performance of duties or functions by an enforcement officer or analyst in the exclusive economic zone of Canada or the waters above the continental shelf of Canada.
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Definitions 214 The following definitions apply in sections 215 to 223 . Chief Review Officer [Repealed, 2026, c. 3, s. 544] Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999 . ( Tribunal de la protection de l’environnement du Canada ) order means an order issued under section 215 . ( ordre ) 2018, c. 12, s. 186 “214” 2026, c. 3, s. 544
Greenhouse Gas Pollution Pricing Act — G-11.55
Chief Review Officer [Repealed, 2026, c. 3, s. 544]
Greenhouse Gas Pollution Pricing Act — G-11.55
Environmental Protection Tribunal of Canada means the Environmental Protection Tribunal of Canada established by subsection 243(1) of the Canadian Environmental Protection Act, 1999 . ( Tribunal de la protection de l’environnement du Canada )
Greenhouse Gas Pollution Pricing Act — G-11.55
order means an order issued under section 215 . ( ordre )
Greenhouse Gas Pollution Pricing Act — G-11.55 215
Order 215 (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Part, they may issue an order directing a person to (a) stop doing something that is or is likely to be in contravention of this Part or cause it to be stopped; (b) take any measure that is necessary in order to comply with this Part or to mitigate the effects of non-compliance; and (c) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order including (i) maintaining records on any relevant matter, (ii) reporting periodically to the enforcement officer, and (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer and setting out any action to be taken by the person with respect to the subject matter of the order. Notice (2) An order must be provided in the form of a written notice and must set out (a) the name of each person to whom it is directed; (b) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; (c) the relevant facts surrounding the alleged contravention; (d) whatever it is to be stopped or the measures to be taken; (e) the time or the day when each measure is to begin or the period during which it is to be carried out; (f) subject to subsection (3), the duration of the order; (g) a statement that a request for a review may be made to the Environmental Protection Tribunal of Canada; and (h) the period within which a request for a review may be made. Duration of order (3) The maximum duration of an order is 180 days. Statutory Instruments Act (4) An order is not a statutory instrument for the purposes of the Statutory Instruments Act . 2018, c. 12, s. 186 “215” 2026, c. 3, s. 548
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Notice of intent 216 (1) An enforcement officer must, before issuing an order, (a) provide an oral or a written notice of the intent of the enforcement officer to issue the order to every person to whom the order will be directed; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (2) A notice of intent to issue an order must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the order will be issued; (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and (d) a statement that the person to whom the order will be directed may make oral representations to the enforcement officer within the period stated in the notice.
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Compliance with the order 217 (1) A person to whom an order is directed must, on receipt of the order or a copy of it, comply with the order. No bar to proceedings (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Part or the regulations is not a bar to any proceedings against the person under this Part or under any other Act in relation to the alleged contravention.
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Intervention by enforcement officer 218 (1) If any person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or authorize a third party to take the measures. Access to property (2) An enforcement officer or third party that is authorized to take measures under subsection (1) may enter and have access to any place or property, other than a dwelling-house, and may do any reasonable things that may be necessary in the circumstances. Immunity (3) If a third party is authorized to take measures under subsection (1), no action or other proceeding of a civil nature may be brought against the third party in respect of any act or omission committed in good faith in taking those measures.
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Recovery of reasonable costs and expenses by Her Majesty 219 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 218 (1) from any person to whom the order is directed. Reasonably incurred (2) The costs and expenses referred to in subsection (1) must only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Liability (3) If the order is directed to more than one person, they are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1). Procedure (4) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in respect of the claim in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (5) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation period (6) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or came to the knowledge of the Minister, whichever is later. Minister’s certificate (7) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister must be received in evidence and, in the absence of any evidence to the contrary, the document must be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document.