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 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.