GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 157
Obligation to give notice 157 (1) A company that manufactures, sells or imports any vehicle, engine or equipment of a class for which standards are prescribed shall, on becoming aware of a defect in the design, construction or functioning of the vehicle, engine or equipment that affects or is likely to affect its compliance with a prescribed standard, cause notice of the defect to be given in the prescribed manner to (a) the Minister; (b) each person who has obtained such a vehicle, engine or equipment from the company; and (c) each current owner of such a vehicle, engine or equipment. Determining owners (2) Current owners are to be determined for the purpose of subsection (1) (a) from a warranty issued by the company with respect to the functioning of the vehicle, engine or equipment that has, to its knowledge, been given, sold or transferred to the current owner; (b) in the case of a vehicle, from registration records of a government; or (c) in the case of an engine or equipment, from a registration system referred to in paragraph 153(1)(h). If notice previously given (3) A company is not required to cause notice to be given of a defect of which notice has already been given under this section or under section 10 of the Motor Vehicle Safety Act . Publication of notice (4) If the Minister is satisfied that the name of the current owner of the vehicle, engine or equipment cannot reasonably be determined by a company in accordance with subsection (2), the Minister may (a) order the company to give notice of the defect by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the following six regions, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia and the Territories, or by dissemination in an alternative medium for any period that the Minister determines; or (b) order that the current owner need not be notified. Contents of notice (5) A notice required to be given under subsections (1) and (4) shall contain, in the form and to the extent prescribed, a description of the defect, an evaluation of the pollution risk arising from it and directions for correcting it. Particulars to responsible authorities (6) On receiving a notice under subsection (1), the Minister shall forward full particulars of the notice to the person responsible for vehicle or engine administration in each government. Follow-up reports (7) Every company that causes notice to be given under subsection (1) shall submit an initial report and subsequent regular reports respecting the defect and its correction in accordance with the regulations. Frequency of reports (8) Unless the Minister directs otherwise, the reports referred to in subsection (7) shall be submitted for a period of two years after the day on which notice was given under subsection (1).
Canadian Environmental Protection Act, 1999 — C-15.31 158
Powers of Minister 158 The Minister may (a) conduct any research, studies and evaluations that the Minister considers necessary for the administration and enforcement of this Division; (b) undertake research and development programs for the study of the effect of vehicles, engines or equipment or emissions on air pollution, energy conservation and the environment and for the promotion of measures to control that effect; (c) establish and operate facilities for the testing of vehicles, engines or equipment and components, and acquire test equipment for that purpose; (d) make the facilities referred to in paragraph (c) and all related material, parts and services available to any person; and (e) publish or otherwise disseminate information relating to the activities of the Minister under this section.
Canadian Environmental Protection Act, 1999 — C-15.31 159
Emission control tests 159 (1) At the request of the Minister and subject to payment by the Minister of the cost of transportation and of rental at a prescribed rate based on capital value, a company shall make available for testing any vehicle, engine, equipment or component that (a) was used in tests conducted by or for the company in order to establish information submitted to the Minister under paragraph 153(1)(c); or (b) for the purpose of that testing, is equivalent to a vehicle, an engine, equipment or a component referred to in paragraph (a). Testing by Minister (2) The Minister may examine and dismantle any vehicle, engine, equipment or component made available under subsection (1) and conduct all necessary tests to verify the accuracy of tests referred to in paragraph (1)(a). Detention of vehicles or engines (3) The Minister may not detain any vehicle, engine, equipment or component for more than 90 days after completion of the tests conducted under subsection (2) unless, before that time, proceedings have been instituted in respect of an offence related to the vehicle, engine, equipment or component, in which case it may be detained until the proceedings are concluded. 1999, c. 33, s. 159; 2009, c. 14, s. 52
Canadian Environmental Protection Act, 1999 — C-15.31 160
Regulations 160 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division, including regulations (a) respecting emissions and prescribing standards in relation to emissions; (b) establishing the national emissions marks; (c) respecting the conditions that must be met for a national emissions mark to be used in relation to vehicles, engines or equipment or a class of vehicles, engines or equipment; (d) respecting the manner of applying national emissions marks; (e) prescribing the period for which records referred to in paragraph 153(1)(g) or a registration system referred to in paragraph 153(1)(h) shall be retained; (f) respecting exemptions from sections 153 and 154; (g) respecting the information to be submitted under section 153; (g.1) respecting inspection and certification referred to in subsection 155(2) and, in particular, designating any person who is authorized to inspect or certify vehicles; and (h) prescribing or providing for anything that by this Division is to be prescribed or provided for by the regulations. Progressive application (2) Regulations prescribing a standard may be made applicable in respect of a specified proportion of vehicles, engines or equipment of a class before they are made applicable in respect of all vehicles, engines or equipment of that class. 1999, c. 33, s. 160; 2011, c. 1, s. 5
Canadian Environmental Protection Act, 1999 — C-15.31 161
Definition of technical standards document 161 (1) In this section, technical standards document means a document, published in the prescribed manner by authority of the Minister, that reproduces in the official languages of Canada an enactment of a foreign government with any adaptations of form and reference that will facilitate the incorporation of the enactment under this section. Incorporation of document (2) For greater certainty, regulations made under this Division may incorporate by reference a technical standards document as it reads on a prescribed day or as it is amended from time to time following the incorporation by reference, and may extend, qualify or exclude the application of any provision of the document so incorporated. Publication (3) No person is required to comply with a provision of a technical standards document incorporated by the regulations until six months after the publication of the provision in the prescribed manner, if the person continues to comply with the provision for which that provision is substituted. Document not a regulation (4) A technical standards document is not a regulation for the purposes of the Statutory Instruments Act .
Canadian Environmental Protection Act, 1999 — C-15.31 162
Emission credits 162 (1) Regulations that prescribe standards in relation to emissions may provide for a system of credits based on the following principles: (a) a company may establish that vehicles, engines or equipment conform to those standards by applying credits against emissions of the vehicles, engines or equipment in the prescribed manner and within prescribed limits; (b) credits may be obtained by a company in the prescribed manner (i) by reference to emissions of the vehicles, engines or equipment that more than meet the requirements of those standards, or (ii) by the payment of an amount to the Receiver General determined at a prescribed rate in relation to emissions of the vehicle, engine or equipment; and (c) credits obtained by reference to emissions may be transferred to or from a company in the prescribed manner. Deemed conformity to standard (2) Regulations referred to in subsection (1) may provide that any vehicle, engine or equipment is deemed to conform to a standard if the application of those regulations to all vehicles, engines or equipment of its class sold in Canada and the United States would result in that vehicle, engine or equipment so conforming. Emission report (3) Every company shall submit to the Minister, in the prescribed form and manner and at the prescribed time, a report setting out, with respect to a prescribed period, an account of any emission credits obtained or applied by the company and a description of each of the following vehicles, engines or pieces of equipment for which credits were obtained or applied: (a) vehicles, engines and equipment to which the company applied a national emissions mark during that period, other than those that were exported; (b) vehicles, engines and equipment bearing a national emissions mark that were sold by the company in Canada during that period; and (c) vehicles, engines and equipment that were imported by the company during that period for the purpose of sale in Canada. Contents of report (4) If credits applied under this section were obtained on the basis of emissions from vehicles, engines or equipment not referred to in paragraph (3)(a), (b) or (c), the report submitted in respect of the application of those credits shall include a description of those vehicles, engines or equipment.
Canadian Environmental Protection Act, 1999 — C-15.31 163
Interim order 163 (1) If an enactment of a foreign government corresponds to the regulations made under this Division and that enactment is amended by that government or its operation is affected by a decision of a foreign court, the Minister may issue an interim order suspending or modifying the operation of the regulations to the extent that they are inconsistent with the enactment as amended or given effect. Effective date of order (2) An interim order has effect from the time it is made. Approval of Governor in Council (3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period. Contravention of regulation modified by an unpublished order (4) No person shall be convicted of an offence consisting of a contravention of a regulation to the extent that it is modified or suspended by an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order. Cessation of effect (5) Subject to subsection (3), an interim order ceases to have effect on the earliest of (a) the day it is repealed, (b) the day the regulation is amended or repealed to give effect to the order, and (c) one year after the order is made.
Canadian Environmental Protection Act, 1999 — C-15.31 164
Evidence 164 In a prosecution under this Act, evidence that any vehicle, engine or equipment bore a name or mark purporting to be the name or mark of a company engaged in the business of manufacturing, importing or selling vehicles, engines or equipment is, in the absence of evidence to the contrary, proof that the vehicle, engine or equipment was manufactured, imported or sold, as the case may be, by the company.
Canadian Environmental Protection Act, 1999 — C-15.31 165
Evidence 165 In a prosecution under this Act, evidence that any vehicle, engine or equipment bearing a national emissions mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national emissions mark was applied by the company.
Canadian Environmental Protection Act, 1999 — C-15.31 166
Determination of international air pollution 166 (1) Subject to subsection (4), the Minister shall act under subsections (2) and (3) only if the Ministers have reason to believe that a substance released from a source in Canada into the air creates, or may reasonably be anticipated to contribute to (a) air pollution in a country other than Canada; or (b) air pollution that violates, or is likely to violate, an international agreement binding on Canada in relation to the prevention, control or correction of pollution. Consultation with other governments (2) If the source referred to in subsection (1) is not a federal source, the Minister shall (a) consult with the government responsible for the area in which the source is situated to determine whether that government can prevent, control or correct the air pollution under its laws; and (b) if the government referred to in paragraph (a) can prevent, control or correct the air pollution, offer it an opportunity to do so. Ministerial action (3) If the source referred to in subsection (1) is a federal source or if the government referred to in paragraph (2)(a) cannot prevent, control or correct the air pollution under its laws or does not do so, the Minister shall take at least one of the following courses of action: (a) on approval by the Governor in Council, publish a notice under subsection 56(1); or (b) recommend regulations to the Governor in Council for the purpose of preventing, controlling or correcting the air pollution. Reciprocity with other country (4) If the air pollution referred to in paragraph (1)(a) is in a country where Canada does not have substantially the same rights with respect to the prevention, control or correction of air pollution as that country has under this Division, the Minister shall decide whether to act under subsections (2) and (3) or to take no action at all. Other factors (5) When recommending regulations under paragraph (3)(b), the Minister shall take into account comments made under subsection 168(2), notices of objection filed under subsection 332(2) and any report of a board of review submitted under subsection 340(1).
Canadian Environmental Protection Act, 1999 — C-15.31 167
Regulations 167 The Governor in Council may, on the recommendation of the Minister, make regulations with respect to a substance released from a source in Canada into the air that creates, or may reasonably be anticipated to contribute to air pollution referred to in subsection 166(1) for the purpose of preventing, controlling or correcting the air pollution, including regulations respecting (a) the quantity or concentration of the substance that may be released into the air; (b) the manner in which and conditions under which the substance may be released into the air, either alone or in combination with any other substance; (c) the maintenance of books and records for the administration of any regulation made under this section; (d) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and (e) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.
Canadian Environmental Protection Act, 1999 — C-15.31 168
Notice to other country 168 (1) The Minister shall advise the government of any country that would be affected by or benefit from the regulation before it is published under subsection 332(1). Comments (2) Within 60 days after the publication of a proposed regulation under subsection 332(1), any person, including a representative of the government of any country that would be affected by or benefit from it, may file with the Minister written comments on the proposed regulation. Notice to other governments (3) At the end of the period of 60 days referred to in subsection (2), the Minister (a) shall advise each government referred to in paragraph 166(2)(a) of any notice of objection filed under subsection 332(2); and (b) shall publish in the Canada Gazette , and may publish in any other manner that the Minister considers appropriate, a report or a notice of the availability of a report that summarizes how any written comments filed under subsection (2) or a notice of objection filed under subsection 332(2) were dealt with.
Canadian Environmental Protection Act, 1999 — C-15.31 170
Recovery of reasonable costs and expenses by Her Majesty 170 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 169(5) from (a) any person referred to in paragraph 169(2)(a); and (b) any person referred to in paragraph 169(2)(b) to the extent of the person’s negligence in causing or contributing to the release. Only if reasonably incurred (2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Liability (3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection. Limitation (4) A person referred to in paragraph 169(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person’s negligence in causing or contributing to the release. Procedure (5) 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 therefor in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation period (7) Where 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 become evident to the Minister, whichever is later. Minister’s certificate (8) 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 shall be received in evidence and, in the absence of any evidence to the contrary, the document shall 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 and without further proof.
Canadian Environmental Protection Act, 1999 — C-15.31 171
Prohibition 171 No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 167.
Canadian Environmental Protection Act, 1999 — C-15.31 172
Plans and specifications 172 (1) If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, air pollution, the person shall, at the request of the Minister for the purposes of this Division and within the time that the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity and with analyses, samples, evaluations, studies, mitigation methodologies or other information relating to the substance. Obtaining information from government (2) Before making a request to a person under subsection (1), the Minister shall try to obtain, within a reasonable time, the samples or information from the government responsible for the area in which the person is situated.
Canadian Environmental Protection Act, 1999 — C-15.31 173
Interim order 173 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 167 if the Minister believes (a) that the substance or source referred to in subsection 166(1) is not adequately regulated; and (b) that immediate action is required to deal with a significant danger to the environment or to human life or health. Effective date of order (2) An interim order has effect from the time it is made. Approval of Governor in Council (3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period. Consultation (4) The Governor in Council shall not approve an interim order unless the Minister has (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger. Ministerial action (5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 166 in order to address the significant danger that gave rise to the interim order. Contravention of unpublished order (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order. Cessation of effect (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of (a) the day it is repealed, (b) the day a regulation is made in accordance with subsection (5), and (c) two years after the order is made. Repeal of interim order (8) No action is required to be taken under subsection (5) if the interim order is repealed.
Canadian Environmental Protection Act, 1999 — C-15.31 174
Report to Parliament 174 The Minister shall include in the annual report required by section 342 a report on the administration of this Division.
Canadian Environmental Protection Act, 1999 — C-15.31 175
Definition of water pollution 175 In this Division, water pollution means a condition of water, arising wholly or partly from the presence in water of any substance, that directly or indirectly (a) endangers the health, safety or welfare of humans; (b) interferes with the normal enjoyment of life or property; (c) endangers the health of animal life; (d) causes damage to plant life or to property; or (e) degrades or alters, or forms part of a process of degrading or alterating, an ecosystem to an extent that is detrimental to its use by humans, animals or plants.