GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — a
Whereas, under subsection 332(1) a of the Canadian Environmental Protection Act, 1999 b , the Minister of the Environment published in the Canada Gazette , Part I, on July 3, 2021, a copy of the proposed Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations , substantially in the annexed form, under the title Prohibiting the Manufacture and Import of Wheel Weights Containing Lead in Canada Regulations , 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; a S.C. 2004, c. 15, s. 31 b S.C. 1999, c. 33
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — c
Whereas, under subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 c of that Act; c S.C. 2015, c. 3, par. 172(d)
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations
And whereas, in the opinion of the Governor in Council, under subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations under subsection 93(1) of the Canadian Environmental Protection Act, 1999 b .
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 1
Definition of vehicle 1 In these Regulations, vehicle has the same meaning as in section 2 of the Motor Vehicle Safety Act .
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 2
Wheel weights 2 (1) Subject to subsection (2), these Regulations apply in respect of wheel weights containing lead that are designed to balance the wheels of a vehicle. Non-application (2) These Regulations do not apply in respect of wheel weights that are in transit through Canada, from a place outside Canada to another place outside Canada.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 3
Prohibited activities 3 (1) A person must not manufacture or import wheel weights containing more than 0.1% lead by weight, except in accordance with a permit issued under section 5 . Exception (2) The prohibition in subsection (1) does not apply in respect of (a) the manufacture for export of wheel weights; or (b) the importation of wheel weights installed on vehicles.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 4
Application for permit 4 (1) An application for a permit must include the information specified in the schedule and be submitted to the Minister not later than the 90th day before the day on which the wheel weights containing lead are to be manufactured or imported. Certification (2) The application must be accompanied by a certification, dated and signed by the applicant or by their authorized representative, stating that the information contained in the application is accurate and complete.
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Conditions of issuance 5 (1) Subject to subsection (2), the Minister may issue a permit to manufacture or import wheel weights containing lead for the term requested in the application for a permit if (a) the applicant has established that, at the time of the application, (i) there is no alternative to the manufacture or importation of wheel weights containing lead, or (ii) there is an alternative but the alternative is not technically or economically feasible for the applicant; and (b) the requested term of the permit does not exceed the period for which the permit is necessary. Permit term (2) The term of the permit must not exceed 24 months. Refusal (3) The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 6
Renewal of permit 6 (1) A permit may be renewed once. Application for renewal (2) An application for the renewal of a permit must include the information specified in the schedule and be submitted to the Minister not later than the 90th day before the day on which the permit expires. Certification (3) The application must be accompanied by a certification, dated and signed by the applicant or by their authorized representative, stating that the information contained in the application is accurate and complete. Conditions of renewal (4) The Minister may renew the permit for a term that must not exceed 24 months if the conditions in subsection 5 (1) are met. Refusal (5) The Minister must refuse to renew the permit if the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 7
Revocation of permit 7 (1) The Minister must revoke a permit if the Minister has reasonable grounds to believe that the permit holder has submitted false or misleading information to the Minister or that the permit holder has failed to comply with the permit. Conditions for revocation (2) The Minister must not revoke a permit unless the Minister has (a) notified the permit holder in writing of the reasons for the revocation; and (b) provided the permit holder with an opportunity to make written representations in respect of the revocation. Date of revocation (3) The revocation of a permit is not effective until the 20th day after the day on which the Minister notifies the permit holder.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 8
Electronic submission 8 (1) Any document submitted to the Minister under these Regulations must be submitted electronically in the form specified by the Minister and must be accompanied by a certification, dated and signed by the person submitting the document or by their authorized representative, stating that the document is accurate and complete. Submission on paper (2) If the Minister has not specified an electronic form or if it is not feasible to submit the document electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the document must be submitted on paper in the form specified by the Minister and must be accompanied by a certification, dated and signed by the person submitting the document or by their authorized representative, stating that the document is accurate and complete. If no form has been specified, the information may be sent in any form.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 9
Submission of information 9 A person that manufactures or imports wheel weights in respect of which these Regulations apply must submit to the Minister, in English or French, any requested information that relates to the lead in those wheel weights.
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Records 10 (1) Any person that manufactures or imports wheel weights in respect of which these Regulations apply must maintain records that demonstrate that those wheel weights were manufactured or imported in accordance with these Regulations and that include (a) the date on which those wheel weights were manufactured or imported, as the case may be; (b) the date on which those wheel weights were exported or on which they are intended to be exported, as the case may be; and (c) the number of those wheel weights that were manufactured or imported. Retaining records (2) The records must be retained for a period of at least five years after the day on which they are made. Place retained (3) The records must be retained at the person’s principal place of business in Canada or, on notification to the Minister, at any other location in Canada where the records can be inspected. Records moved (4) If the records are moved, the person must notify the Minister in writing of the civic address in Canada of the new location within 30 days after the day of the move. Electronic record (5) A person that keeps records electronically must ensure that all equipment and software necessary to make the record intelligible are available during the retention period.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 11
Accredited laboratory 11 Any analysis performed to determine the concentration of lead for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis: (a) it is accredited (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories , by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or (ii) under the Environmental Quality Act , CQLR, c. Q-2; and (b) the scope of its accreditation includes the analysis performed to determine the concentration of lead.
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First anniversary of registration 13 These Regulations come into force on the first anniversary of the day on which they are registered.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 1
1 Information respecting the applicant: (a) their name, civic and postal addresses in Canada, telephone number and, if any, fax number and email address; and (b) the name, title, civic and postal addresses in Canada, telephone number and, if any, fax number and email address of any authorized representative.
Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations — 2
2 Information respecting the product: (a) in the case of an application for a permit, (i) the common or generic name of the product and its trade name, if any, (ii) the estimated number of wheel weights to be imported or manufactured and the estimated total quantity of lead contained in the wheel weights, expressed in kilograms, and (iii) the type of vehicle for which the product is designed; and (b) in the case of an application for the renewal of a permit, the information specified in paragraph (a) as well as information specifying the number of wheel weights manufactured or imported under the terms of the initial permit and the total quantity of lead contained in the wheel weights, expressed in kilograms.
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3 Information establishing that, at the time of the application, there is no alternative to the manufacture or importation of wheel weights containing lead or, if there is an alternative, that it is not technically or economically feasible for the applicant.
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5 The civic and postal addresses of the location where the records referred to in section 10 of these Regulations are retained in Canada.
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
Whereas the annexed Regulations give effect, in part, to a public announcement made on September 24, 2014, known as Customs Notice 14-023;
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
And whereas that Notice provides that the Regulations giving effect to that announcement come into force on October 1, 2014;
CHFTA Verification of Origin Regulations — a
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, pursuant to section 42.1 a , paragraphs 164(1)(i) b and (j), subsection 164(1.1) c and paragraph 167.1(b) d of the Customs Act e , makes the annexed CHFTA Verification of Origin Regulations . a S.C. 2021, c. 1, s. 25 b S.C. 1992, c. 28, s. 30(1) c S.C. 2017, c. 6, s. 85 d S.C. 1992, c. 28, s. 31(1) e R.S., c. 1 (2nd Supp.)
CHFTA Verification of Origin Regulations — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Customs Act .  ( Loi ) competent authority means the Secretaría de Estado en los Despachos de Industria y Comercio (Secretariat of State of Industry and Commerce), or a successor that Honduras provides written notice of to Canada. ( autorité compétente ) customs administration means the authority that is responsible under the law of Canada for the administration of customs laws and regulations. ( administration douanière ) goods means goods for which preferential tariff treatment under CHFTA is claimed. ( marchandises ) material means a good that is used in the production of another good and includes a part or ingredient of a good.  ( matière ) verification letter means a letter that requests information regarding the origin of goods that are the subject of a verification of origin. ( lettre de vérification ) verification questionnaire means a questionnaire that requests information regarding the origin of goods that are the subject of a verification of origin. ( questionnaire de vérification ) verification visit means the entry into any premises for the purpose of conducting a verification of origin of goods under paragraph 42.1(1)(a) of the Act. ( visite de vérification )
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
competent authority means the Secretaría de Estado en los Despachos de Industria y Comercio (Secretariat of State of Industry and Commerce), or a successor that Honduras provides written notice of to Canada. ( autorité compétente )
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
customs administration means the authority that is responsible under the law of Canada for the administration of customs laws and regulations. ( administration douanière )
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
goods means goods for which preferential tariff treatment under CHFTA is claimed. ( marchandises )
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
material means a good that is used in the production of another good and includes a part or ingredient of a good.  ( matière )
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
verification letter means a letter that requests information regarding the origin of goods that are the subject of a verification of origin. ( lettre de vérification )
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
verification questionnaire means a questionnaire that requests information regarding the origin of goods that are the subject of a verification of origin. ( questionnaire de vérification )
CHFTA Verification of Origin Regulations — CHFTA Verification of Origin Regulations
verification visit means the entry into any premises for the purpose of conducting a verification of origin of goods under paragraph 42.1(1)(a) of the Act. ( visite de vérification )
CHFTA Verification of Origin Regulations — 2
Methods in addition to verification visit 2 In addition to a verification visit, a verification of origin of goods may be conducted by reviewing any of the following: (a) a verification questionnaire completed by (i) the exporter or producer of the goods, or (ii) a producer or supplier of a material; (b) a written response to a verification letter received from a person referred to in paragraph (a); or (c) any other information received from a person referred to in paragraph (a).
CHFTA Verification of Origin Regulations — 3
Verification letter and verification questionnaire 3 A verification letter or verification questionnaire must specify (a) the identity of the customs administration as well as the name and title of the officer who is sending the letter or questionnaire; (b) a description of the goods or materials that are the subject of the verification of origin; and (c) the period within which the letter must be answered or the questionnaire must be completed and returned, which must be a minimum of 30 days beginning on the day on which the letter or questionnaire is received.
CHFTA Verification of Origin Regulations — 4
Extension of time 4 A person who receives a verification letter or verification questionnaire may, on a single occasion and within the time specified in the letter or questionnaire, make a written request to the customs administration for an extension of that time. The extension granted must not exceed 30 days unless the person is an exporter or producer of the goods that are the subject of the verification of origin and one of the following circumstances applies: (a) owing to a bankruptcy of the exporter or producer or other financial distress situation or business reorganization, the exporter or producer or a related person has lost control of the records containing the information that substantiates the origin of the goods; or (b) for any other reason, that the exporter or producer could not reasonably have been expected to foresee and that results in a partial or complete loss of the records of the exporter or producer, including loss due to fire, flooding or other natural cause.
CHFTA Verification of Origin Regulations — 5
Prescribed premises 5 The premises in Honduras of the following persons are prescribed premises for the purposes of a verification visit: (a) the exporter or producer of the goods; and (b) a producer or supplier of a material.
CHFTA Verification of Origin Regulations — 6
Conditions 6 (1) An officer may conduct a verification visit only if: (a) an officer sends (i) a written notice of the intention to conduct the visit to the person whose premises are to be the subject of the visit, (ii) a written notice of the intention to conduct the visit to the competent authority, at least five business days before the notice is sent to the person referred to in subparagraph (i), and (iii) if requested by Honduras, a written notice to the Embassy of Honduras in Canada of the intention to conduct the visit; and (b) the person whose premises is to be the subject of the visit consents to it in writing. Written notice (2) The written notice of the verification visit must specify (a) the identity of the customs administration on whose behalf the notice is sent; (b) the name and title of the officer who is to conduct the visit; (c) the name of the person whose premises are to be the subject of the visit; (d) the date and place of the visit; (e) the object and scope of the visit, including a description of the goods or materials that are the subject of the verification of origin; and (f) the legal authority for the visit.
CHFTA Verification of Origin Regulations — 7
Postponement 7 (1) A person who receives a notice referred to in subparagraph 6(1)(a)(i) may, on a single occasion and within 15 days after the day on which the notice is received, request a postponement of the verification visit by sending a written request for postponement to the officer who sent the notice. Maximum period (2) The postponement referred to in subsection (1) may be for a period not exceeding 60 days beginning on the day on which the notice is received or for any longer period that is agreed to by the customs administration. Postponement (3) The verification visit is postponed if, within 15 days after the day on which the competent authority receives the notice referred to in subparagraph 6(1)(a)(ii), Honduras sends a written request for the postponement to the officer who sent the notice. Maximum period (4) The postponement referred to in subsection (3) may be for a period not exceeding 60 days beginning on the day on which the notice is received or for any longer period that is agreed to by Honduras and the customs administration.
CHFTA Verification of Origin Regulations — 8
Observers 8 (1) A person who receives a notice referred to in subparagraph 6(1)(a)(i) may designate two observers to be present during the verification visit. Observers’ role (2) The observers’ participation is limited to observation. Identification of observers (3) A person who designates observers must identify them to the officer who is conducting the verification visit.
CHFTA Verification of Origin Regulations — 9
Requirements — exporter and producer 9 (1) For the purposes of subsection 42.1(2) of the Act, the exporter and the producer of goods are, in respect of a verification of origin under paragraph 42.1(1)(a) of the Act, required to (a) maintain in Honduras for five years after the date on which the Certificate of Origin was signed, or for a longer period specified by Honduras, in accordance with Article 5.6 of the CHFTA, records in relation to the origin of the goods; (b) provide the officer who is conducting the verification of origin with access to the records; and (c) if applicable, reply to the verification letter or complete and return the verification questionnaire to the officer within the period specified under paragraph 3(c) or, in the case of an extension, under section 4. Consent to verification visit (2) For the purposes of subsection 42.1(2) of the Act, consent to the verification visit must be provided in writing by the exporter or producer within 30 days after the day on which the notice referred to in subparagraph 6(1)(a)(i) is received.
CHFTA Verification of Origin Regulations — 10
Notice of intention to re-determine origin 10 (1) An officer must, with any statement that they provide to an exporter or producer under subsection 42.2(1) of the Act indicating that goods that are the subject of a verification of origin are not eligible for preferential tariff treatment under CHFTA, attach a written notice of the intention to re-determine the origin of those goods under subsection 59(1) of the Act. Content of notice (2) The written notice must specify the date as of which preferential tariff treatment under CHFTA may be denied or withdrawn in respect of the goods that are the subject of the verification of origin and the period during which the exporter or producer of the goods may provide written comments or additional information regarding the origin of those goods.
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Confirmation of receipt 11 A verification letter, a verification questionnaire and the notices referred to in subparagraph 6(1)(a)(i) and section 10 must be sent by a means that can produce confirmation of receipt.
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October 1, 2014 12 These Regulations are deemed to have come into force on October 1, 2014.
Administrative Monetary Penalties (Motor Vehicle Safety) Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Administrative Monetary Penalties (Motor Vehicle Safety) Regulations under paragraphs 16.1(a) a and (b) a of the Motor Vehicle Safety Act b . a S.C. 2018, c. 2, s. 15 b S.C. 1993, c. 16
Administrative Monetary Penalties (Motor Vehicle Safety) Regulations — 1
Definition of Act 1 In these Regulations, Act means the Motor Vehicle Safety Act .