PART 7Controlling Pollution and Managing Wastes (continued)
DIVISION 4Fuels (continued)
National Fuels Marks
Marginal note:Nature of mark
Marginal note: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)
Marginal note: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.
Marginal note: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.
Marginal note:Cross-boundary shipments
(2) Except as otherwise provided by the regulations, subsection (1) does not apply if
(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.
(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.
Marginal note: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.
146 [Repealed, 2008, c. 31, s. 3]
Marginal note: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.
Marginal note: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).
Marginal note: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.
Marginal note: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.
DIVISION 5Vehicle, Engine and Equipment Emissions
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
(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
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
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
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