. /.   WORLD TRADE  
ORGANIZATION  G/TBT/N/CAN/288 
3 December 2009  
 (09-6192) 
Committee on Technical Barriers to Trade Original:   English/ 
 French 
 
 
 
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6 
 
1. Member to Agreement notifying:  CANADA   
If applicable, name of local government involved (Article 3.2 and 7.2):     
2. Agency responsible:  Department of the Environment  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above :  Canadian Enquiry 
Point, 200-270 Albert Street, Ottawa, Ontari o, Canada, K1P 6N7 Tel.:  +1 613 238 3222, 
Fax.: +1 613 569 7808, E-mail: enquirypoint@scc.ca  
3. Notified under Article 2.9.2 [ X ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:   
4. Products covered (HS or CCCN where applicab le, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):  Fuels (ICS : 75.160) 
5. Title, number of pages and langua ge(s) of the notified document:  Proposed Regulations 
Prescribing Circumstances for Granting Waiver s Pursuant to Section 147 of the Act (9 
pages, available in English and French)     
6. Description of content:  The objective of the proposed Regulations Prescribing 
Circumstances for Granting Waivers Pursuant to Section 147 of the Act (hereinafter 
referred to as the proposed Regulations) is  to prescribe circumstances under which the 
Gasoline Regulations, Sulphur in Gasoline Regul ations, Sulphur in Diesel Fuel Regulations 
and Fuels Information Regulations No. 1 [herei nafter collectively referred to as the fuels 
Regulations] made under sections  140 or 145 of the Canadian  Environmental Protection 
Act, 1999 (CEPA 1999) can be temporarily waived.  
Section 147 of Part 7, Division 4, of CEPA 1999 states: “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.” The proposed Regulations would allow the Minister of the Environment to grant temporary waivers under the authority of CEPA 1999 if there is an actual or anticipated fuel supply shortage during a declar ed emergency, and/or at the request of the 
Minister of National Defence if there is an actual or anticipated fuel shortage that could affect national defence operations. 
It is intended that all waivers that are granted,  and all conditions that apply to those waivers, 
except those applying to the Department of Na tional Defense, be published in the Canada 
Gazette as well as being posted on Environm ent Canada’s Environmental Registry. G/TBT/N/CAN/288 
Page 2  
 
  7. Objective and rationale, including the nature of urgent problems where applicable:  
Protection of the environment and human health  
8. Relevant documents:   Canada Gazette, Part I, 14 November 2009, Pages 3406-3414 
(available in English and French)   
9. Proposed date of adoption:   
 Proposed date of entry into force:    Normally within 5 to 8 months of publication 
in the Canada Gazette, Part I. On the date the measure is adopted. 
10. Final date for comments:  13 January 2010 
11. Text available from: National enquiry point [ X], or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   The electronic 
version of the regulatory text can be downloaded at:   http://www.gazette.gc.ca/rp-pr/ p1/2009/2009-11-14/p df/g1-14346.pdf
 (Canada Gazette) 
or  
http://www.gazette.gc.ca/rp-pr/p1/ 2009/2009-11-14/html/reg1-eng.html  (English)  
http://www.gazette.gc.ca/rp-pr/p1/ 2009/2009-11-14/html/reg1-fra.html  (French)