Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Costs and Expenses of the Crown

Marginal note:Costs and expenses recoverable

136 If the Minister directs an action to be taken by or on behalf of Her Majesty in right of Canada to remedy a condition or mitigate damage resulting from an offence under this Act that arises out of this Division, the costs and expenses of and incidental to taking that action, to the extent that they can be established to have been reasonably incurred in the circumstances, are recoverable by Her Majesty in right of Canada from the person or ship that committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.

Service of Documents

Marginal note:Manner of service

137 Except where otherwise provided by any rules of the Federal Court that are applicable to proceedings arising out of this Division, any document that, for the purposes of any such proceedings, is to be served on a person may be served

• (a) in any case, by delivering a copy of the document personally to the person to be served or, if the person cannot be found, by leaving a copy at their latest known address;

• (b) if the document is to be served on the master of a ship or on any other person employed on a ship and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document for the master or other person on board the ship with the person who is, or appears to be, in command or charge of the ship;

• (c) if the document is to be served on the pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a), by leaving a copy of the document with the person who is, or appears to be, in charge of the aircraft; and

• (d) if the document is to be served on a person in their capacity as owner or master of a ship or owner or pilot in command of an aircraft and service cannot reasonably be effected in the manner provided in paragraph (a) and the ship or aircraft is within an area of the sea referred to in any of paragraphs 122(2)(a) to (e) or in Canada, by leaving a copy of the document with any agent of the owner residing in Canada or, where no such agent is known or can be found, by affixing a copy of it to a prominent part of the ship or aircraft.

DIVISION 4Fuels

Interpretation

Marginal note:Definitions

138 The definitions in this section apply in this Division.

engine

engine means a device that transforms one form of energy into another. (moteur)

national fuels mark

national fuels mark means a mark established by regulation for use in respect of fuels. (marque nationale)

General Requirements for Fuels

Marginal note:Prohibition

• 139 (1) No person shall produce, import or sell a fuel that does not meet the prescribed requirements.

• Marginal note:Exceptions

  (2) A person does not contravene subsection (1) if

  • (a) the fuel is in transit through Canada, from a place outside Canada to another place outside Canada, and there is written evidence establishing that the fuel is in transit;

  • (b) subject to the regulations, the fuel is produced or sold for export and there is written evidence establishing that the fuel will be exported;

  • (c) subject to the regulations, the fuel is being produced or imported and there is written evidence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold;

  • (d) subject to the regulations, the fuel is being imported in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air; or

  • (e) that person is exempted from the application of that subsection by a regulation made under subsection 140(3).

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 and may make 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;

  • (c.1) the blending of fuels;

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

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

  • (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, sell or import fuel or blend fuels 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, or any additive contained in the fuel, on the environment, on human life or health, on combustion technology and 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;

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

  • (k) the submission of reports on the quantity of fuel produced, imported or sold for export.

• 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:Exemption

  (3) The Governor in Council may, on the recommendation of the Minister, make regulations exempting from the application of subsection 139(1) any producer or importer in respect of any fuel that they produce or import in quantities of less than 400 m³ per year.

• 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.

• Marginal note:Review

  (6) Within one year after this subsection comes into force and every two years thereafter, a comprehensive review of the environmental and economic aspects of biofuel production in Canada should be undertaken by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose.

• Marginal note:Report

  (7) The committee referred to in subsection (6) should, within one year after a review is undertaken pursuant to that subsection, submit a report on the review to Parliament, including a statement of any recommendations that the committee makes in respect of biofuel production in Canada.

National Fuels Marks

Marginal note:Nature of mark

• 141 (1) The national fuels marks are national trademarks.

• 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.

Marginal note:Prohibition

• 142 (1) No person shall use a national fuels mark except in accordance with this Division and the regulations.

• 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

• 144 (1) No person shall import, or transport within Canada, a prescribed fuel if the requirements set out in paragraphs 143(b) to (d) are not met.

• Marginal note:Exceptions

  (2) Except as otherwise provided by the regulations, subsection (1) does not apply if

  • (a) the requirements are met before the fuel is used or sold; or

  • (b) the fuel is being used in a fuel tank that supplies the engine of a conveyance that is used for transportation by water, land or air.

Marginal note:Regulations

• 145 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of sections 141 to 144 and 147, including regulations

  • (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.

• Marginal note:Consultation

  (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]

Temporary Waivers

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.