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Canadian Environmental Protection Act, 1999

Version of section 140 from 2002-12-31 to 2009-09-27:

Marginal note:Regulations

  •  (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.

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