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Bill C-235

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2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-235

An Act to protect human health and the environment by oxygenating automotive fuels

Preamble

Whereas there is a growing body of scientific evidence that human health and the environment are harmed or may be harmed by gasoline and diesel fuel containing less than a specified amount of oxygen;

Whereas the Government of Canada committed itself at the United Nations Conference on Environment and Development in 1992 to applying the precautionary principle;

And Whereas on the basis of the precautionary principle, it is imperative for the Parliament of Canada to take immediate action to protect human health and the environment by banning these harmful or potentially harmful automotive fuels;

Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Automotive Pollution Reduction Act.

INTERPRETATION

Definitions

2. The definitions in this section apply in this Act.

``diesel fuel''
« carburant diesel »

``diesel fuel'' means any fuel that is suitable for use in internal combustion engines of the compression-ignition type but does not include fuel oil that is intended for use and is actually used as heating oil.

``gasoline''
« essence »

``gasoline'' means gasoline type fuels for use in internal combustion engines that are not of the compression-ignition type but does not include gasoline type fuels used in aircraft engines.

``Minister''
« ministre »

``Minister'' means the Minister of the Environment.

``offence''
« infraction »

``offence'' means an offence under this Act.

``precautionar y principle''
« principe de prudence »

``precautionary principle'' means the principle that, where there is a threat of serious harm or irreversible damage to human health or the environment, lack of scientific certainty shall not be used as a reason for postponing measures to deal with the threat.

PURPOSE

Purpose

3. The purpose of this Act is to protect human health and the environment by requiring the use or sale of gasoline and diesel fuel described in section 12, in application of the precautionary principle.

USE AND SALE OF CERTAIN GASOLINE AND DIESEL FUEL PROHIBITED

Prohibition

4. Despite any other Act of Parliament or any regulation under an Act of Parliament, no person shall produce or import for use or sale in Canada or sell or offer for sale in Canada any gasoline or diesel fuel that has an oxygen content of less than 2.7 per cent by weight.

POWERS OF THE MINISTER

Powers

5. The Minister may require any person who produces or imports any gasoline or diesel fuel for use or sale in Canada or who sells or offers for sale any gasoline or diesel fuel in Canada

    (a) to maintain books and records necessary for the administration of sections 4 and 12;

    (b) to submit samples of the gasoline or diesel fuel to the Minister; and

    (c) to submit to the Minister, on request, such information as the Minister considers necessary regarding

      (i) the gasoline or diesel fuel, and

      (ii) the oxygen content of the gasoline or diesel fuel.

OFFENCES AND PUNISHMENT

Offences

6. (1) Every person who

    (a) contravenes section 4 or 12;

    (b) does not comply with a request made under section 5; or

    (c) provides the Minister with any false or misleading information in purported compliance with any request made under section 5

is guilty of an offence and liable on summary conviction to a fine not exceeding one hundred thousand dollars.

Continuing offence

(2) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

Officers, etc. of corporations

7. If a corporation commits an offence, any officer, director or agent of the corporation who directed, authorized, assented to, or acquiesced or participated in, the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence.

Offences by employees or agents

8. In any prosecution for an offence, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

Defence of due diligence

9. No person may be found guilty of an offence if the person establishes that he or she exercised all due diligence to prevent its commission.

Limitation

10. (1) Proceedings in respect of an offence may be instituted at any time within, but not later than, two years after the time when the Minister became aware of the subject-matter of the proceedings.

Minister's certificate

(2) A document purporting to have been issued by the Minister, certifying the day on which the Minister became aware of the subject-matter of any proceedings, shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as conclusive proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.

PARAMOUNTCY

Paramountcy

11. In the event of any inconsistency between the provisions of this Act and the provisions of any other Act of Parliament, the provisions of this Act prevail to the extent of the inconsistency.

TRANSITIONAL PROVISION

Seller must make oxygenated fuel available

12. A person who, on or after July 1, 2004, sells or offers for sale in Canada gasoline or diesel fuel must offer the following products for sale:

    (a) gasoline that has an oxygen content 2.7 of per cent or more by weight; and

    (b) diesel fuel that has an oxygen content of 2.7 per cent or more by weight.

COMING INTO FORCE

Coming into force

13. (1) The provisions of this Act, other than section 4, come into force on July 1, 2004.

Coming into force

(2) Section 4 comes into force on July 1, 2006.