Bill C-32

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	Regulations Respecting Fees and Charges
Services and facilities	328. (1) Subject to subsection (2), the Minister may make regulations
	(a) prescribing the fees or a scale of fees or the manner of determining the fees to be paid for a service, the use of a facility or any right, privilege, process or approval;
	(b) prescribing the persons or classes of persons by whom or on whose behalf the fees are to be paid and requiring the fees to be paid by those persons or classes of persons;
	(c) exempting any person or class of persons from the requirement to pay any of those fees; and
	(d) generally, in respect of any condition or any other matter in relation to the payment of fees for a service, facility, right, privilege, process or approval referred to in paragraph (a).
Appropriate Minister	(2) For the purpose of subsection (1), where the Minister or the Minister of Health or both Ministers have responsibility for a service, facility, right, privilege, process or approval referred to in paragraph (1)(a), that Minister or both Ministers, as the case may be, have the power to make the regulations under subsection (1) in relation to that service, facility, right, privilege, process or approval.
Amount not to exceed cost	(3) Fees for a service or the use of a facility that are prescribed by or under regulations made under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.
Amount	(4) Fees for processes or approvals that are prescribed by or under regulations made under subsection (1) shall in the aggregate not exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable costs incurred by Her Majesty for the purpose of providing the processes or approvals.
Consultation	329. The Minister making a regulation under section 328 shall do so after consulting with any persons or organizations that the Minister considers to be interested in the matter.
	General Regulation-making Powers and Exemptions
Exercise of regulation- making power	330. (1) The Governor in Council may, in the exercise of any regulation-making power under this Act in respect of a substance, prescribe
	(a) the minimum, average or maximum quantity or concentration of the substance; and
	(b) the method of determining such a quantity or concentration.
Incorporation by reference	(2) For greater certainty, a regulation made under this Act incorporating by reference a standard, specification, guideline, method, procedure or practice may incorporate the standard, specification, guideline, method, procedure or practice as amended from time to time.
Application throughout Canada	(3) Except as provided in subsection (3.1), a regulation under this Act applies throughout Canada.
Limited geographical application	(3.1) A regulation made under section 93, 140, 167 or 177 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health.
Manner of service	(4) The Minister may make regulations respecting the manner of providing or serving orders, copies of orders, notices or other documents that are to be provided under this Act.
Exemption from Statutory Instruments Act	331. An interim order made under section 94, 163, 173 or 183
	(a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and
	(b) shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council.
	Prepublication Requirements
Publication of proposed orders and regulations	332. (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list or an amendment to a list referred to in section 66, 87, 105 or 112.
Notice of objection	(2) Within 60 days after the publication of a proposed order or regulation in the Canada Gazette under subsection (1) or a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette, any person may file with the Minister comments with respect to the order, regulation or instrument or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection.
Single publication required	(3) No order, regulation or instrument need be published more than once under subsection (1), whether or not it is altered after publication.
	Board of Review Proceedings
Establish- ment of board of review	333. (1) Where a person files a notice of objection under subsection 77(8) or 332(2) in respect of
	(a) a decision or a proposed order, regulation or instrument made by the Governor in Council, or
	(b) a decision or a proposed order or instrument made by either or both Ministers,
	the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision is made or the order, regulation or instrument is proposed.
Establish- ment of board of review	(2) Where a person files a notice of objection under subsection 9(3) or 10(5) in respect of an agreement or a term or condition of the agreement, the Minister may establish a board of review to inquire into the matter.
Mandatory review for international air and water	(3) Where a person or government files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under section 167 or 177 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the nature and extent of the danger posed by the release into the air or water of the substance in respect of which the regulations are proposed.
Mandatory reviews for certain regulations	(4) Where a person files with the Minister a notice of objection under subsection 332(2) with respect to regulations proposed to be made under Part 9 or section 118 within the time specified in that subsection, the Minister shall establish a board of review to inquire into the matter raised by the notice.
Review for permits	(5) Where a person files with the Minister a notice of objection under section 134 within the time specified in that section, the Minister may establish a board of review to inquire into the matter raised by the notice.
Mandatory review for toxics	(6) Where a person files with the Minister a notice of objection under section 78 in respect of the failure to make a determination about whether a substance is toxic, the Minister shall establish a board of review to inquire into whether the substance is toxic or capable of becoming toxic.
Number of members of board	334. (1) A board of review shall consist of not fewer than three members.
Knowledge requirement	(2) A person is not eligible to be appointed as a member of a board of review unless the person is knowledgeable about the Canadian environment, environmental and human health or traditional aboriginal ecological knowledge.
Appearance before board	335. A board of review shall give any person or government a reasonable opportunity, consistent with the rules of procedural fairness and natural justice, of appearing before it, presenting evidence and making representations.
Withdrawal of notice of objection	336. Where a notice of objection referred to in section 333 is withdrawn by the person who filed it and no other notice of objection is filed in respect of the same matter, the Minister or Ministers may dissolve a board of review established in respect of the notice of objection.
Powers of board	337. For the purposes of an inquiry under this Act, a board of review has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.
Costs	338. (1) A board of review may award costs of, and incidental to, any proceedings before it on a final or interim basis and those costs may be fixed at a sum certain or may be taxed.
Payment	(2) A board of review may, in accordance with the rules, direct by whom and to whom any costs are to be paid and by whom they are to be taxed and allowed.
Absent member of board	339. Where a member of a board of review is absent or unable to proceed with or complete an inquiry, the remaining members of the board may, if there is still a quorum, proceed with or complete the inquiry.
Report	340. (1) As soon as possible after the conclusion of an inquiry, a board of review shall submit a report to the Minister or the Ministers who established the board, together with its recommendations and the evidence that was presented to it.
Publication of report	(2) The report of the board of review shall be made public immediately after its receipt by the Minister or Ministers, subject to section 314 or the conditions of any other Act of Parliament.
Rules for boards of review	341. The Minister or the Ministers may, with respect to boards of review that the Minister or the Ministers establish, make rules of either particular or general application
	(a) for regulating the proceedings of the boards;
	(b) for regulating the conduct of hearings, including the presentation of evidence, the making of representations, the holding of hearings, the length of hearings and the date on or before which the boards shall report;
	(c) fixing the remuneration of board members and the travel and living expenses to which they are entitled;
	(d) prescribing the criteria to be considered by boards in directing interim or final costs to be paid, taxed and allowed and prescribing a scale under which costs are to be taxed; and
	(e) generally, for regulating the conduct and work of the boards.
	Report to Parliament
Annual report	342. (1) The Minister shall, as soon as possible after the end of each fiscal year, prepare and cause to be laid before Parliament a report on the administration and enforcement of this Act for that year.
Research	(2) The Minister shall include in the annual report a report on the research conducted under the authority of this Act during the fiscal year being reported.
Permanent review of Act by parliamentary committee	343. (1) The administration of this Act shall, every five years after the coming into force of this Act, be reviewed by the committee of the House of Commons, or of both Houses of Parliament, that may be designated or established by Parliament for that purpose.
Review and report	(2) The committee designated or established by Parliament for the purpose of subsection (1) shall undertake a comprehensive review of the provisions and operation of this Act and shall, within a year after the review is undertaken or within any further time that the House of Commons may authorize, submit a report to Parliament thereon including a statement of any changes to this Act or its administration that the committee would recommend.
	PART 12
	CONSEQUENTIAL AMENDMENTS, REPEAL AND COMING INTO FORCE
	Consequential Amendments
R.S., c. A-1	Access to Information Act
R.S., c. 16 (4th Supp.), s. 140	*344. Schedule II to the Access to Information Act* is amended by striking out the reference to**
	Canadian Environmental Protection Act
	Loi canadienne sur la protection de l'environnement
	and the corresponding reference to ``sections 20 and 21''.
R.S., c. S-9	Canada Shipping Act
1993, c. 36, s. 4	*345. Subsection 656(2) of the Canada Shipping Act* is replaced by the following:**
Discharges permitted under Canadian Environ- mental Protection Act, 1999	(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 Division 3 of Part 7 of the Canadian Environmental Protection Act, 1999 .
R.S., c. C-46	Criminal Code
	346. Item 72 of the schedule to Part XX.1 of the Criminal Code, as enacted by section 4 of An Act to amend the Criminal Code (mental disorder) and to amend the National Defence Act and the Young Offenders Act in consequence thereof, being chapter 43 of the Statutes of Canada, 1991, is replaced by the following:
	72. Section 274 - damage to environment and death or harm to persons
R.S., c. F-27	Food and Drugs Act
	*347. Subsection 30(1) of the Food and Drugs Act* is amended by adding the following after paragraph (l):**
	(l.1) respecting the assessment of the effect on the environment or on human life and health of the release into the environment of any food, drug, cosmetic or device, and the measures to take before importing or selling any such food, drug, cosmetic or device;
1997, c. 11	Manganese-based Fuel Additives Act
	*348. Section 13 of the Manganese-based Fuel Additives Act* and the heading before it are replaced by the following:**