Canadian Environmental Protection Act, 1999

Marginal note:Regulations

• 140 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139, including regulations respecting

  • (a) the concentrations or quantities of an element, component or additive in a fuel;

  • (b) the physical or chemical properties of a fuel;

  • (c) the characteristics of a fuel, based on a formula related to the fuel’s properties or conditions of use;

  • (d) the transfer and handling of a fuel;

  • (e) the keeping of books and records by persons who produce, sell or import fuel;

  • (f) the auditing of the books and records and the submission of audit reports and copies of the books and records;

  • (g) the submission, by persons who produce, import or sell fuel, of information regarding

    • (i) the fuel and any element, component or additive contained in the fuel,

    • (ii) any physical or chemical property of the fuel or any substance intended for use as an additive to the fuel,

    • (iii) the adverse effects from the use of the fuel on the environment, on human life or health, on combustion technology or on emission control equipment, and

    • (iv) the techniques that may be used to detect and measure elements, components, additives and physical and chemical properties;

  • (h) the conduct of sampling, analyses, tests, measurements or monitoring of fuels and additives and the submission of the results;

  • (i) the submission of samples of fuels and additives; and

  • (j) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring.

• Marginal note:Significant contribution

  (2) The Governor in Council may make a regulation under any of paragraphs (1)(a) to (d) if the Governor in Council is of the opinion that the regulation could make a significant contribution to the prevention of, or reduction in, air pollution resulting from

  • (a) directly or indirectly, the fuel or any of its components; or

  • (b) the fuel’s effect on the operation, performance or introduction of combustion or other engine technology or emission control equipment.

• Marginal note:Variations in fuels

  (3) A regulation may distinguish among fuels according to their commercial designation, source, physical or chemical properties, class, conditions of use or place or time of year of use.

• Marginal note:Consultation

  (4) 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

  (5) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (4), 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.