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His Excellency the Governor General recommends to the House of
Commons the appropriation of public revenue under the circumstances,
in the manner and for the purposes set out in a measure entitled ``An Act
respecting pollution prevention and the protection of the environment
and human health in order to contribute to sustainable development''.
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This enactment repeals and replaces the Canadian Environmental
Protection Act. Among the changes are provisions to implement
pollution prevention, new procedures for the investigation and
assessment of substances and new requirements with respect to
substances that the Minister of the Environment and the Minister of
Health have determined to be toxic or capable of becoming toxic within
the meaning of Part 5, and provisions regarding live products of
biotechnology. The enactment also contains new provisions respecting
fuels, international air and water pollution, motor emissions, nutrients
whose release into water can cause excessive growth of aquatic
vegetation and environmental emergencies, provisions to regulate the
environmental effects of government operations and to protect the
environment on and in relation to federal land and aboriginal land,
disposal of wastes and other matter at sea, and the export and import of
wastes.
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The enactment provides for the gathering of information for research
and the creation of inventories of data, which are designed for
publication, and for the development and publishing of objectives,
guidelines and codes of practice. The enactment also provides new
powers for inspectors, investigators and laboratory analysts appointed
by the Minister of the Environment to enforce the law. Environmental
protection alternative measures and environmental protection
compliance orders provide new mechanisms for the resolution of a
contravention. The enactment also specifies criteria for courts to
consider on imposing a sentence on an offender.
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In addition, the enactment contains new rights for Canadians who,
through written comments or notices of objection to the Minister of the
Environment, may participate in decisions on environmental matters,
may compel the Minister to investigate an alleged contravention of the
Act, and may bring a civil action when the federal government is not
enforcing the law. Aboriginal governments are provided the right of
representation on the National Advisory Committee to be established
under the enactment and, like the provinces and territories, may seek to
have their laws declared equivalent to regulations under the Canadian
Environmental Protection Act, 1998.
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Clause 345: Subsection 656(2) reads as follows:
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(2) Notwithstanding any regulation made under subsection (1), a
discharge of a pollutant from a ship is permitted if done in accordance
with a permit granted under Part VI of the Canadian Environmental
Protection Act.
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Clause 346: This amendment changes a section
reference.
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Clause 347: Paragraph 30(1)(l.1) is new. The relevant
portion of subsection 30(1) reads as follows:
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30. (1) The Governor in Council may make regulations for carrying
the purposes and provisions of this Act into effect, and, in particular, but
without restricting the generality of the foregoing, may make
regulations
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Clause 348: Section 13 and the heading before it read
as follows:
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13. Paragraphs 100(1)(a) and (f), subsections 100(2) to (7) and
sections 101 to 107 and 111 of the Canadian Environmental Protection
Act apply, with such modifications as the circumstances require, in
respect of this Act.
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Clause 349: Section 19 reads as follows:
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19. Sections 117, 118, 122, 126 to 129, 131 to 133 and 135 to 137 of
the Canadian Environmental Protection Act apply in respect of this Act
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(a) as if each reference in any of those sections to section 130 of that
Act were a reference to section 18 of this Act; and
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(b) with such other modifications as the circumstances require.
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Clause 350: The definitions ``sell'' and ``standard'' in
section 2 read as follows:
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``sell'' includes to offer for sale, have in possession for sale and deliver
for sale;
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``standard'' means a standard that governs the design, construction,
functioning or marking of vehicles or equipment for the purpose of
reducing the risk of death, injury or property damage from vehicle
use or of limiting emissions from vehicles;
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Clause 351: The relevant portion of subsection 5(1)
reads as follows:
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5. (1) No company shall apply a national safety mark to any vehicle
or equipment, sell any vehicle or equipment to which a national safety
mark has been applied, or import into Canada any vehicle or equipment
of a prescribed class unless
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(c) in the case of a vehicle, prescribed information relating to
standards for emissions has been obtained and submitted to the
Minister in the prescribed manner;
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Clause 352: Section 8 and the heading before it read
as follows:
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8. (1) Regulations that prescribe standards in relation to emissions
may provide for a system of credits by which
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(a) a company may establish that a vehicle conforms to those
standards by applying such credits against emissions of the vehicle
in the prescribed manner and within prescribed limits;
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(b) such credits may be obtained by a company in the prescribed
manner
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(i) by reference to emissions of a vehicle that more than satisfy the
requirements of those standards, or
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(ii) by the payment of an amount to the Receiver General
determined at a prescribed rate in relation to emissions of a
vehicle; and
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(c) credits obtained by reference to emissions may be transferred to
or from a company in the prescribed manner.
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(2) Regulations referred to in subsection (1) may provide that a
vehicle shall be deemed to conform to a standard if the application of
those regulations to all vehicles of its class sold in Canada and the
United States would result in that vehicle so conforming.
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(3) Every company shall submit to the Minister, in the prescribed
form and manner and at the prescribed time, a report setting out, with
respect to a prescribed period, an account of any emission credits
obtained or applied by the company and a description in the prescribed
form of each vehicle in relation to which credits were obtained or
applied that is
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(a) a vehicle to which the company applied a national safety mark
during that period, other than a vehicle that was exported;
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(b) a vehicle bearing a national safety mark that was sold by the
company in Canada during that period; or
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(c) a vehicle that was imported by the company during that period for
the purpose of sale in Canada.
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(4) Where credits applied pursuant to this section were obtained on
the basis of emissions from a vehicle not referred to in paragraph (3)(a),
(b) or (c), the report submitted in respect of the application of those
credits shall include a description of that vehicle.
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Clause 353: (1) The relevant portion of subsection
9(1) reads as follows:
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9. (1) On application by a company in the prescribed form, supported
by prescribed technical and financial information, the Governor in
Council may, by order, grant an exemption for a specified period,
subject to any conditions specified in the order, for any model of vehicle
manufactured or imported by the company from conformity with any
prescribed standard applicable to that model where conformity with
that standard would, in the opinion of the Governor in Council,
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(b) impede the development of new safety or emission control
features that are equivalent to or superior to those that conform to
prescribed standards; or
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(2): Subsection 9(3) reads as follows:
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(3) An exemption may not be granted for a model if the exemption
would substantially diminish the safe performance of the model or the
control of emissions from it or if the company applying for the
exemption has not attempted in good faith to bring the model into
conformity with all prescribed standards applicable to it.
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Clause 354: Section 21 reads as follows:
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21. (1) At the request of the Minister and subject to payment by the
Minister of the cost of transportation and of rental at a prescribed rate
based on capital value, a company shall make available for testing
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(a) a vehicle or component that was used in tests conducted by or for
the company in order to establish information submitted to the
Minister pursuant to paragraph 5(1)(c); or
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(b) a vehicle or component that, for the purpose of such testing, is
equivalent to a vehicle or component referred to in paragraph (a).
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(2) The Minister may examine and dismantle a vehicle or component
made available under subsection (1) and conduct all necessary tests to
verify the accuracy of tests referred to in paragraph (1)(a).
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(3) The Minister may not detain a vehicle or component for more
than thirty days after completion of the tests conducted under
subsection (2) unless, before that time, proceedings have been instituted
in respect of an offence related to the vehicle or component, in which
case it may be detained until the proceedings are concluded.
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