Part 7: Controlling Pollution and Managing Wastes

• Division 1: Nutrients
• Division 2: Protection of the Marine Environment from Land-based Sources of Pollution
• Division 3: Disposal at Sea
• Division 4: Fuels
• Division 5: Vehicle, Engine and Equipment Emissions
• Division 6: International Air Pollution
• Division 7: International Water Pollution
• Division 8: Control of Movement of Hazardous Non-hazardous Waste for Final Disposal

116. The definitions in this section apply in this Division and in Part 10.

"cleaning product" means a phosphate compound or other substance that is intended to be used for cleaning purposes, and includes laundry detergents, dish-washing compounds, metal cleaners, de-greasing compounds and household, commercial and industrial cleaners.

"nutrient" means a substance or combination of substances that, if released in any waters, provides nourishment that promotes the growth of aquatic vegetation.

"water conditioner" means a substance that is intended to be used to treat water, and includes water-softening chemicals, anti-scale chemicals and corrosion inhibiters.

117. No person shall manufacture for use or sale in Canada or import a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product.

118. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of preventing or reducing the growth of aquatic vegetation that is caused by the release of nutrients in waters and that can interfere with the functioning of an ecosystem or degrade or alter, or form part of a process of degrading or altering, an ecosystem to an extent that is detrimental to its use by humans, animals or plants, including regulations

• (a) prescribing nutrients;
• (b) prescribing the permissible concentration of a prescribed nutrient in a cleaning product or water conditioner;
• (c) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing, measuring or monitoring a nutrient, cleaning product or water conditioner; and
• (d) requiring persons who manufacture for use or sale in Canada or import a cleaning product or water conditioner
• (i) to maintain books and records for the proper administration of this Division and the regulations,
• (ii) to submit samples of the cleaning product or water conditioner to the Minister, and
• (iii) to submit to either Minister information regarding cleaning products, water conditioners and their ingredients.

(2) The Governor in Council shall not make a regulation under subsection (1) in respect of a nutrient to the extent that the nutrient, or a product in which the nutrient is contained, is, in the opinion of the Governor in Council, regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment.

119. (1) Where there is a contravention of section 117 or the regulations, the Minister may, in writing, direct a manufacturer or importer of a nutrient, cleaning product or water conditioner to take any or all of the following measures in the manner and within the period directed by the Minister:

• (a) give public notice of the contravention and of any danger to the environment or to human life or health posed by the nutrient, cleaning product or water conditioner;
• (b) mail a notice as described in paragraph (a) to manufacturers, processors, distributors or retailers of the nutrient, cleaning product or water conditioner;
• (c) mail a notice as described in paragraph (a) to persons to whom the nutrient, cleaning product or water conditioner is known to have been delivered or sold;
• (d) replace the nutrient, cleaning product or water conditioner with one that meets the applicable requirements;
• (e) accept the return of the nutrient, cleaning product or water conditioner from the purchaser and refund the purchase price;
• (f) take other measures for the protection of the environment or human life or health; and
• (g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).

(2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.

(3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.

120. The definitions in this section apply in this Division.

"land-based sources" means point and diffuse sources on land from which substances or energy reach the sea by water, through the air or directly from the coast. It includes any sources under the sea bed made accessible from land by tunnel, pipeline or other means.

"marine pollution" means the introduction by humans, directly or indirectly, of substances or energy into the sea that results, or is likely to result, in

• (a) hazards to human health;
• (b) harm to living resources or marine ecosystems;
• (c) damage to amenities; or
• (d) interference with other legitimate uses of the sea.

121. (1) The Minister may, after consultation with any other affected minister, issue environmental objectives, release guidelines and codes of practice to prevent and reduce marine pollution from land-based sources.

(2) To carry out the functions set out in subsection (1), the Minister

• (a) 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 any government department or agency or any person interested in the protection of the sea;
• (b) may organize conferences relating to the prevention or reduction of marine pollution from land-based sources; and
• (c) may meet with the representatives of international organizations and agencies and other countries to examine the rules, standards, practices and procedures recommended under the United Nations Convention on the Law of the Sea, signed by Canada on October 7, 1982.

(3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), the Minister may act 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.

122. (1) The definitions in this subsection apply in this Division and in Part 10.

"aircraft" means a machine that is used or designed for navigation in the air, but does not include an air cushion vehicle.

"Canadian aircraft" means an aircraft that is registered under an Act of Parliament.

"Canadian permit" means a permit that is issued under subsection 127(1) or 128(2).

"Canadian ship" means a ship that is registered under an Act of Parliament.

"condition" means, in respect of a permit, any term or condition of the permit.

"contracting party" means a state that is a contracting party to the Convention or the Protocol.

"Convention" means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed by Canada on December 29, 1972, as amended from time to time.

"disposal" means

• (a) the deliberate disposal of a substance at sea from a ship, an aircraft, a platform or another structure,
• (b) the deliberate disposal of dredged material into the sea from any source not mentioned in paragraph (a),
• (c) the storage on the seabed, in the subsoil of the seabed or on the ice in any area of the sea of a substance that comes from a ship, an aircraft, a platform or another structure,
• (d) the disposal of a substance by placing it on the ice in an area of the sea,
• (e) the deliberate disposal at sea of a ship or aircraft, and
• (f) the deliberate disposal or abandonment at sea of a platform or another structure,
• but does not include
• (g) a disposal that is incidental to or derived from the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea,
• (h) the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol,
• (i) the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal, or
• (j) a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources.

"incineration" means the deliberate combustion of a substance on board a ship, a platform or another structure at sea for the purpose of its thermal destruction.

"master" includes every person who has command or charge of a ship but does not include a pilot.

"owner", in relation to any ship, aircraft, platform or other structure, includes the person who has the possession or use, by law or contract, of the ship, aircraft, platform or other structure.

"Protocol" means the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended from time to time.

"ship" includes a vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to its method or lack of propulsion, and includes an air cushion vehicle.

"structure" means a structure that is made by a person.

"waste or other matter" means waste or other matter listed in Schedule 5.

(2) In this Division and in Part 10, "sea" means

• (a) the territorial sea of Canada;
• (b) the internal waters of Canada, excluding all the rivers, lakes and other fresh waters in Canada and the St. Lawrence River as far seaward as the straight lines drawn
• (i) from Cap-des-Rosiers to the western-most point of Anticosti Island, and
• (ii) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty-three degrees west;
• (c) any exclusive economic zone that may be created by Canada;
• (d) the arctic waters within the meaning of section 2 of the Arctic Waters Pollution Prevention Act;
• (e) an area of the sea adjacent to the areas referred to in paragraphs (a) to (d) that is specified under paragraph 135(1)(g);
• (f) an area of the sea under the jurisdiction of a foreign state, other than its internal waters; and
• (g) an area of the sea, other than the internal waters of a foreign state, not included in the areas of the sea referred to in paragraphs (a) to (f).

Imports for disposal in waters under Canadian jurisdiction

123. (1) No person shall import a substance for disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e).

(2) No person shall export a substance for disposal in an area of the sea under the jurisdiction of a foreign state or its internal waters.

124. (1) No person shall, in Canada, load a substance onto any ship, aircraft, platform or other structure for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

• (a) the substance is waste or other matter; and
• (b) the loading is done in accordance with a Canadian permit.

(2) The master of a ship or pilot in command of an aircraft shall not permit a substance to be loaded onto their ship or aircraft in Canada for the purpose of disposal in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) and (g) unless

• (a) the substance is waste or other matter; and
• (b) the loading is done in accordance with a Canadian permit.

(3) The master of a Canadian ship or pilot in command of a Canadian aircraft shall not permit a substance to be loaded onto their ship or aircraft outside Canada for the purpose of disposal at sea.

(4) Subsection (3) does not apply where

• (a) the substance is waste or other matter;
• (b) the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) or in an area of the sea that is under the jurisdiction of the foreign state where the substance is loaded;
• (c) if the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) and the loading occurs in the territory of a foreign state that is a contracting party, the loading and disposal are done in accordance with a permit issued under the Convention or the Protocol by that state;
• (d) if the disposal occurs in an area of the sea referred to in paragraph 122(2)(g) and the loading occurs in the territory of a foreign state that is not a contracting party, the loading and disposal are done in accordance with a Canadian permit;
• (e) if the disposal occurs in an area of the sea under the jurisdiction of a foreign state that is a contracting party, the loading and disposal are done in accordance with a permit issued under the Convention or the Protocol by that state; and
• (f) if the disposal occurs in an area of the sea under the jurisdiction of a foreign state that is not a contracting party, the loading is done in accordance with a Canadian permit and the disposal is authorized by that state.

125. (1) No person shall dispose of a substance in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

• (a) the substance is waste or other matter; and
• (b) the disposal is done in accordance with a Canadian permit.

(2) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless

• (a) the substance is waste or other matter; and
• (b) the disposal is done in accordance with a Canadian permit or, if the substance was loaded in the territory of a state that is a contracting party, a permit issued under the Convention or the Protocol by that state.

(3) No person shall dispose of a substance from a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

• (a) the substance is waste or other matter;
• (b) the substance was loaded in the foreign state that has jurisdiction over that area;
• (c) if the foreign state is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and
• (d) if the foreign state is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

(4) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(g) unless the disposal is done in accordance with a Canadian permit.

(5) No person shall dispose of a Canadian ship, a Canadian aircraft or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) unless

• (a) if the foreign state that has jurisdiction over that area is a contracting party, the disposal is done in accordance with a permit issued under the Convention or the Protocol by that contracting party; and
• (b) if the foreign state that has jurisdiction over that area is not a contracting party, that state has authorized the disposal and it is done in accordance with a Canadian permit.

126. (1) No person shall incinerate a substance on board a ship, a platform or another structure in an area of the sea referred to in any of paragraphs 122(2)(a) to (e) unless

• (a) the substance is waste generated on board the ship, platform or other structure during normal operations; or
• (b) the incineration is done in accordance with a permit issued under subsection 128(2).

(2) No person shall incinerate a substance on board a Canadian ship or a Canadian platform or other structure in an area of the sea referred to in paragraph 122(2)(f) or (g) unless

• (a) the substance is waste generated on board the Canadian ship or the Canadian platform or other structure during normal operations; or
• (b) the incineration is done in accordance with a permit issued under subsection 128(2).

127. (1) The Minister may, on application, issue permits authorizing the loading for disposal and disposal of waste or other matter.

(2) An application for a permit must

• (a) be in the prescribed form;
• (b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6;
• (c) be accompanied by the prescribed fees; and
• (d) be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading or disposal described in the application or in any other publication specified by the Minister.

(3) Before issuing a permit under subsection (1), the Minister shall comply with Schedule 6 and shall take into account any factors that the Minister considers necessary.

128. (1) Paragraphs 125(1)(a), (2)(a) and (3)(a) do not apply if a permit is issued under this section.

(2) The Minister may, on application, issue a permit to dispose of or incinerate a substance if the Minister is of the opinion that

• (a) the disposal or incineration of a certain quantity of the substance is necessary to avert an emergency that poses an unacceptable risk relating to the environment or to human health; and
• (b) there is no other feasible solution.

(3) An application for a permit must

• (a) be in the prescribed form;
• (b) contain the information that may be prescribed or that may be required by the Minister for the purpose of complying with Schedule 6;
• (c) be accompanied by the prescribed fees; and
• (d) subject to subsection (4), be accompanied by evidence that notice of the application was published in a newspaper circulating in the vicinity of the loading, disposal or incineration described in the application or in any other publication specified by the Minister.

(4) The Minister may permit the publication referred to in paragraph (3)(d) to be made at any time after the application is made.

(5) The Minister shall

• (a) offer to consult with any foreign state that is likely to be affected by the disposal or incineration and with the International Maritime Organization; and
• (b) endeavour to follow any recommendations that are received from the International Maritime Organization.

(6) The Minister shall inform the International Maritime Organization of any action taken under this section.

129. (1) A Canadian permit shall contain any conditions that the Minister considers necessary for the protection of marine life, any legitimate uses of the sea or human life, including conditions relating to the following:

• (a) the nature and quantity of the substance for loading, disposal or incineration;
• (b) the method and frequency of the disposal or incineration authorized including, if necessary, the date or dates on which disposal or incineration is authorized;
• (c) the manner of loading and stowing the substance authorized for disposal or incineration;
• (d) the site at which disposal or incineration may take place;
• (e) the route to be followed by the ship or aircraft transporting the substance to the disposal or incineration site;
• (f) any special precautions to be taken respecting the loading, transporting, disposal or incineration of the substance; and
• (g) the monitoring of the disposal, the incineration and the disposal site to determine the effects of the disposal on the environment and human life.

(2) A Canadian permit shall specify that it is valid for a particular date or dates or for a particular period that shall not exceed one year.

(3) The Minister may suspend or revoke a Canadian permit or vary its conditions where, having regard to Schedule 6 or the establishment of, or any report of, a board of review under section 333, the Minister considers it advisable to do so.

130. (1) Despite the other provisions of this Division, a person may dispose of a substance if

• (a) it is necessary to avert a danger to human life or to a ship, a platform or another structure at sea in situations caused by stress of weather or in any other case that constitutes a danger to human life or a threat to a ship, an aircraft, a platform or another structure at sea;
• (b) the disposal appears to be the only way of averting the danger or threat; and
• (c) it is probable that the damage caused by the disposal would be less than would otherwise occur.

(2) Any disposal under subsection (1) shall be carried out in a manner that minimizes, as far as possible, danger to human life and damage to the marine environment.

(3) Subsection (1) does not apply if the danger was caused or contributed to by the person's negligent act or omission.

(4) If disposal takes place under subsection (1), the master of the ship, the pilot in command of the aircraft or the person in charge of the platform or other structure shall report the disposal without delay to an enforcement officer or any other person whom the Governor in Council may, by order, designate, at the location and in the manner that may be prescribed, and the report shall contain any information that may be prescribed.

131. If a person disposes of a substance in accordance with the conditions of a Canadian permit or section 130, subsection 36(3) of the Fisheries Act is not applicable.

132. The Minister shall monitor sites selected by the Minister that are used for disposal or incineration at sea.

133. (1) When issuing a Canadian permit or varying its conditions, the Minister shall publish a copy of the permit and its conditions, or the varied conditions, in the Canada Gazette.

(2) Publication under subsection (1) shall be made

• (a) in the case of a permit issued under subsection 128(2), as soon as possible after the permit is issued; and
• (b) in every other case, at least 30 days before the first date on which loading, disposal or incineration is authorized by the permit or by the varied conditions.

134. (1) Any person may file with the Minister a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, if the Minister

• (a) issues or refuses a Canadian permit; or
• (b) suspends or revokes a Canadian permit or varies its conditions, otherwise than in accordance with the recommendations of a report of a board of review established under section 333 in respect of the permit.

(2) A notice of objection under subsection (1) shall be filed within 30 days after

• (a) the date the Canadian permit is published in the Canada Gazette; or
• (b) the date the person received a notice from the Minister that the Canadian permit has been refused, suspended or revoked, or that its conditions have been varied.

135. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division and Schedule 6, including regulations

• (a) for carrying out and giving effect to the provisions of the Convention or the Protocol;
• (b) defining the expression "Canadian platform or other structure";
• (c) respecting the report referred to in subsection 130(4);
• (d) respecting the conduct of sampling, analyses, tests, measurements or monitoring;
• (e) respecting the conditions, test procedures and laboratory practices to be followed for sampling, analysing, testing, measuring or monitoring;
• (f) respecting the monitoring of disposal sites;
• (g) specifying, for the purpose of paragraph 122(2)(e), areas of the sea adjacent to areas referred to in any of paragraphs 122(2)(a) to (d);
• (h) limiting the quantity or concentration of a substance contained in waste or other matter for disposal; and
• (i) prescribing any other thing that by this Division is to be prescribed.

(2) The Governor in Council may, on the recommendation of the Minister, by order, amend Schedules 5 and 6.

(3) The Minister may make regulations

• (a) prescribing the form of an application for a Canadian permit; and
• (b) specifying the information required to be contained in or to accompany an application for a Canadian permit.

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 who committed the offence with costs in proceedings brought or taken therefor in the name of Her Majesty in any court of competent jurisdiction.

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.

138. The definitions in this section apply in this Division.

"engine" means a device that transforms one form of energy into another.

"national fuels mark" means a mark established by regulation for use in respect of fuels.

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

(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) 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 imported and there is written evidence establishing that the fuel will meet the requirements of subsection (1) before the fuel is used or sold; or
• (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.

140. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes of section 139, including 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;
• (d) the transfer and handling of a fuel;
• (e) the keeping of books and records by persons who produce, sell or import fuel;
• (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, import or sell fuel, 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 on the environment, on human life or health, on combustion technology or 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; and
• (j) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring.

(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.

(3) A regulation may distinguish among fuels according to their commercial designation, source, physical or chemical properties, class, conditions of use or place or time of year of use.

(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.

(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.

141. (1) The national fuels marks are national trade-marks.

(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.

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

(2) No person shall use any other mark in such a manner that it is likely to be mistaken for a national fuels mark.

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.

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.

(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.

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.

(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.

(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. A regulation may distinguish among fuels according to their commercial designation, source, physical or chemical properties, class, conditions of use or place or time of year of use.

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.

148. (1) If, in respect of a fuel, there is a contravention of this Division or a regulation made under this Division, the Minister may, in writing, direct a producer, processor, importer, retailer or distributor of the fuel to take any or all of the following measures in a manner and within the period directed by the Minister:

• (a) give public notice of the relevant characteristics of the fuel and of any danger to the environment or to human life or health that might be posed by the fuel;
• (b) mail a notice as described in paragraph (a) to producers, processors, importers, retailers or distributors of the fuel;
• (c) mail a notice as described in paragraph (a) to persons to whom the fuel is known to have been delivered or sold;
• (d) replace the fuel with fuel that meets the applicable requirements;
• (e) accept the return of the fuel from the purchaser and refund the purchase price;
• (f) take other measures to mitigate the effect of the contravention on the environment or on human life or health; and
• (g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).

(2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.

(3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.

149. The definitions in this section apply in this Division and in Part 10 as it relates to the enforcement of this Division.

"company" means a person who

• (a) is engaged in the business of manufacturing vehicles, engines or equipment in Canada;
• (b) is engaged in the business of selling to other persons, for the purpose of resale by those persons, vehicles, engines or equipment obtained directly from a person described in paragraph (a) or the agent of such a person; or
• (c) imports any vehicle, engine or equipment into Canada for the purpose of sale.

"engine" means any prescribed internal combustion engine, but does not include an engine designed to propel

• (a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;
• (b) rolling stock as defined in section 6 of the Canada Transportation Act; or
• (c) a steamer, steamship or tug as defined in section 2 of the Canada Shipping Act.

"equipment" means any prescribed equipment that is designed for use in or on a vehicle or engine.

"manufacture" includes any process of assembling or altering any vehicle, engine or equipment before its sale to the first retail purchaser.

"national emissions mark" means a mark established by regulation for use in respect of emissions from vehicles, engines or equipment.

"standard" means a standard that governs the design, construction, functioning or marking of vehicles, engines or equipment for the purpose of controlling or monitoring their emissions.

"vehicle" means any prescribed self-propelled vehicle, but does not include

• (a) an aircraft as defined in subsection 3(1) of the Aeronautics Act;
• (b) rolling stock as defined in section 6 of the Canada Transportation Act; or
• (c) a steamer, steamship or tug as defined in section 2 of the Canada Shipping Act.

150. (1) The national emissions marks are national trade-marks.

(2) The exclusive property in and, except as otherwise provided in this Division, the right to use a national emissions mark are hereby vested in Her Majesty in right of Canada.

(3) No person shall use a national emissions mark except in accordance with this Division and the regulations.

(4) No person shall use any other mark in such a manner that it is likely to be mistaken for a national emissions mark.

151. A company authorized by the Minister may, subject to this Division and the regulations, apply a national emissions mark to vehicles, engines or equipment.

152. No company shall transport within Canada a prescribed vehicle, engine or equipment that does not have a national emissions mark applied to it.

153. (1) No company shall apply a national emissions mark to any vehicle, engine or equipment, sell any vehicle, engine or equipment to which a national emissions mark has been applied or import any vehicle, engine or equipment unless

• (a) the vehicle, engine or equipment conforms to the standards prescribed for vehicles, engines or equipment of its class at the time its main assembly or manufacture was completed;
• (b) evidence of such conformity has been obtained and produced in the prescribed form and manner or, if the regulations so provide, in a form and manner satisfactory to the Minister;
• (c) prescribed information relating to standards for emissions from the vehicle, engine or equipment has been submitted to the Minister in the prescribed manner;
• (d) information is marked on the vehicle, engine or equipment in accordance with the regulations;
• (e) if required by the regulations, prescribed documentation or accessories accompany the vehicle, engine or equipment;
• (f) prescribed information relating to the operation or use of the vehicle, engine or equipment is disseminated in the prescribed form and manner;
• (g) records are maintained and furnished in the prescribed form and manner in relation to the design, manufacture, testing and field performance of the vehicle, engine or equipment, for the purpose of
  • (i) enabling an enforcement officer to determine whether the vehicle, engine or equipment conforms to all prescribed standards applicable to it, and
  • (ii) facilitating the identification and analysis of defects referred to in subsection 157(1); and
• (h) in the case of engines and equipment, the company maintains a registration system in the prescribed form and manner.

(2) Except as otherwise provided by the regulations, subsection (1) does not apply with respect to the application of a national emissions mark or an importation referred to in that subsection if the requirements under that subsection are met before the vehicle, engine or equipment leaves the possession or control of the company and, in the case of a vehicle, before the vehicle is presented for registration under the laws of a province or an aboriginal government.

(3) Any vehicle, engine or equipment is deemed to conform to a prescribed standard if

• (a) the regulations provide that an enactment of a foreign government corresponds to that standard; and
• (b) a prescribed agency of that government has certified that the vehicle, engine or equipment conforms to the enactment as applied by the agency, unless the Minister determines otherwise.

154. No person shall import any vehicle, engine or equipment of a prescribed class unless the requirements of paragraphs 153(1)(a), (b), (d) and (e) are met in respect of the vehicle, engine or equipment.

Exceptions for certain importations

155. (1) Sections 153 and 154 do not apply in respect of the importation of any vehicle, engine or equipment if

• (a) the person importing the vehicle, engine or equipment makes a declaration in the prescribed form and manner that the vehicle, engine or equipment will be used in Canada solely for purposes of exhibition, demonstration, evaluation or testing and will remain in Canada for not longer than one year or any other period that the Minister specifies;
• (b) the vehicle, engine or equipment is in transit through Canada, from a place outside Canada, to another place outside Canada and is accompanied by written evidence establishing that the vehicle, engine or equipment will not be sold or used in Canada; or
• (c) the vehicle, engine or equipment is being imported exclusively for use by a visitor to Canada or by a person passing through Canada to another country.

(2) Except as otherwise provided by the regulations, sections 153 and 154 do not apply in respect of the importation of a vehicle that has been sold at the retail level in the United States if the person importing it makes a declaration in the prescribed form and manner that, before the vehicle is presented for registration under the laws of a province or an aboriginal government,

• (a) those requirements will be met; and
• (b) the vehicle will be certified, in accordance with the regulations, as conforming.

(3) Sections 153 and 154 do not apply in respect of the importation of any vehicle, engine or equipment that does not conform to a standard prescribed for its class at the time of its main assembly or manufacture if, at the time of its importation, that standard is no longer in effect and

• (a) the vehicle, engine or equipment conforms to the corresponding standard prescribed for its class at that time; or
• (b) there is no corresponding standard at that time.

(4) A vehicle or engine that is imported and for which there is no prescribed standard must conform to the standard prescribed for the class of equivalent vehicles or engines before presentation for registration under the laws of a province or an aboriginal government.

(5) No person who makes a declaration referred to in paragraph (1)(a) or subsection (2), or provides evidence referred to in paragraph (1)(b), in respect of any vehicle, engine or equipment shall use or dispose of the vehicle, engine or equipment in a manner contrary to the terms of that declaration or evidence.

(6) Every person who makes a declaration referred to in paragraph (1)(a) or subsection (2), or provides evidence referred to in paragraph (1)(b), in respect of any vehicle, engine or equipment shall keep a record of the use or disposition of the vehicle, engine or equipment in accordance with the regulations.

156. (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 or engine manufactured or imported by the company from conformity with any prescribed standard applicable to that model if conformity with that standard would, in the opinion of the Governor in Council,

• (a) create substantial financial hardship for the company;
• (b) impede the development of new features for safety, emission monitoring or emission control that are equivalent to or superior to those that conform to prescribed standards; or
• (c) impede the development of new kinds of vehicles, engines or vehicle or engine systems or components.

(2) An exemption for a model may be granted for a period not exceeding

• (a) three years, if paragraph (1)(a) applies; or
• (b) two years, in respect of a stated number of units of that model not exceeding 1,000 units, if paragraph (1)(b) or (c) applies.

(3) An exemption may not be granted for a model if the exemption would substantially diminish the control of emissions from it or if the company applying for the exemption has not provided evidence that satisfies the Governor in Council that it has attempted in good faith to bring the model into conformity with all applicable prescribed standards.

(4) An exemption for substantial financial hardship may not be granted under paragraph (1)(a) if

• (a) the world production of vehicles or engines manufactured by the company, or by the manufacturer of the model that is the subject of the application, exceeded 10,000 vehicles or engines in the 12-month period beginning two years before the beginning of the exemption period; or
• (b) the total number of vehicles or engines manufactured for, or imported into, the Canadian market by the company exceeded 1,000 vehicles or engines in that 12-month period.

(5) On the expiry of the exemption period, a new exemption may be granted in accordance with this section.

157. (1) A company that manufactures, sells or imports any vehicle, engine or equipment of a class for which standards are prescribed shall, on becoming aware of a defect in the design, construction or functioning of the vehicle, engine or equipment that affects or is likely to affect its compliance with a prescribed standard, cause notice of the defect to be given in the prescribed manner to

• (a) the Minister;
• (b) each person who has obtained such a vehicle, engine or equipment from the company; and
• (c) each current owner of such a vehicle, engine or equipment.

(2) Current owners are to be determined for the purpose of subsection (1)

• (a) from a warranty issued by the company with respect to the functioning of the vehicle, engine or equipment that has, to its knowledge, been given, sold or transferred to the current owner;
• (b) in the case of a vehicle, from registration records of a government; or
• (c) in the case of an engine or equipment, from a registration system referred to in paragraph 153(1)(h).

(3) A company is not required to cause notice to be given of a defect of which notice has already been given under this section or under section 10 of the Motor Vehicle Safety Act.

(4) If the Minister is satisfied that the name of the current owner of the vehicle, engine or equipment cannot reasonably be determined by a company in accordance with subsection (2), the Minister may

• (a) order the company to give notice of the defect by publication in the prescribed form for a period of five consecutive days in two major daily newspapers in each of the following six regions, namely, the Atlantic provinces, Quebec, Ontario, the Prairie provinces, British Columbia and the Territories, or by dissemination in an alternative medium for any period that the Minister determines; or
• (b) order that the current owner need not be notified.

(5) A notice required to be given under subsections (1) and (4) shall contain, in the form and to the extent prescribed, a description of the defect, an evaluation of the pollution risk arising from it and directions for correcting it.

(6) On receiving a notice under subsection (1), the Minister shall forward full particulars of the notice to the person responsible for vehicle or engine administration in each government.

(7) Every company that causes notice to be given under subsection (1) shall submit an initial report and subsequent regular reports respecting the defect and its correction in accordance with the regulations.

(8) Unless the Minister directs otherwise, the reports referred to in subsection (7) shall be submitted for a period of two years after the day on which notice was given under subsection (1).

158. The Minister may

• (a) conduct any research, studies and evaluations that the Minister considers necessary for the administration and enforcement of this Division;
• (b) undertake research and development programs for the study of the effect of vehicles, engines or equipment or emissions on air pollution, energy conservation and the environment and for the promotion of measures to control that effect;
• (c) establish and operate facilities for the testing of vehicles, engines or equipment and components, and acquire test equipment for that purpose;
• (d) make the facilities referred to in paragraph (c) and all related material, parts and services available to any person; and
• (e) publish or otherwise disseminate information relating to the activities of the Minister under this section.

159. (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 any vehicle, engine, equipment or component that

• (a) was used in tests conducted by or for the company in order to establish information submitted to the Minister under paragraph 153(1)(c); or
• (b) for the purpose of that testing, is equivalent to a vehicle, an engine, equipment or a component referred to in paragraph (a).

(2) The Minister may examine and dismantle any vehicle, engine, equipment or component made available under subsection (1) and conduct all necessary tests to verify the accuracy of tests referred to in paragraph (1)(a).

(3) The Minister may not detain any vehicle, engine, equipment or component for more than 30 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, engine, equipment or component, in which case it may be detained until the proceedings are concluded.

160. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for carrying out the purposes and provisions of this Division, including regulations

• (a) respecting emissions and prescribing standards in relation to emissions;
• (b) establishing the national emissions marks;
• (c) respecting the conditions that must be met for a national emissions mark to be used in relation to vehicles, engines or equipment or a class of vehicles, engines or equipment;
• (d) respecting the manner of applying national emissions marks;
• (e) prescribing the period for which records referred to in paragraph 153(1)(g) or a registration system referred to in paragraph 153(1)(h) shall be retained;
• (f) respecting exemptions from sections 153 and 154;
• (g) respecting the information to be submitted under section 153; and
• (h) prescribing or providing for anything that by this Division is to be prescribed or provided for by the regulations.

(2) Regulations prescribing a standard may be made applicable in respect of a specified proportion of vehicles, engines or equipment of a class before they are made applicable in respect of all vehicles, engines or equipment of that class.

161. (1) In this section, "technical standards document" means a document, published in the prescribed manner by authority of the Minister, that reproduces in the official languages of Canada an enactment of a foreign government with any adaptations of form and reference that will facilitate the incorporation of the enactment under this section.

(2) For greater certainty, regulations made under this Division may incorporate by reference a technical standards document as it reads on a prescribed day or as it is amended from time to time following the incorporation by reference, and may extend, qualify or exclude the application of any provision of the document so incorporated.

(3) No person is required to comply with a provision of a technical standards document incorporated by the regulations until six months after the publication of the provision in the prescribed manner, if the person continues to comply with the provision for which that provision is substituted.

(4) A technical standards document is not a regulation for the purposes of the Statutory Instruments Act.

162. (1) Regulations that prescribe standards in relation to emissions may provide for a system of credits based on the following principles:

• (a) a company may establish that vehicles, engines or equipment conform to those standards by applying credits against emissions of the vehicles, engines or equipment in the prescribed manner and within prescribed limits;
• (b) credits may be obtained by a company in the prescribed manner
• (i) by reference to emissions of the vehicles, engines or equipment that more than meet the requirements of those standards, or
• (ii) by the payment of an amount to the Receiver General determined at a prescribed rate in relation to emissions of the vehicle, engine or equipment; and
• (c) credits obtained by reference to emissions may be transferred to or from a company in the prescribed manner.

(2) Regulations referred to in subsection (1) may provide that any vehicle, engine or equipment is deemed to conform to a standard if the application of those regulations to all vehicles, engines or equipment of its class sold in Canada and the United States would result in that vehicle, engine or equipment so conforming.

(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 of each of the following vehicles, engines or pieces of equipment for which credits were obtained or applied:

• (a) vehicles, engines and equipment to which the company applied a national emissions mark during that period, other than those that were exported;
• (b) vehicles, engines and equipment bearing a national emissions mark that were sold by the company in Canada during that period; and
• (c) vehicles, engines and equipment that were imported by the company during that period for the purpose of sale in Canada.

(4) If credits applied under this section were obtained on the basis of emissions from vehicles, engines or equipment 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 those vehicles, engines or equipment.

163. (1) If an enactment of a foreign government corresponds to the regulations made under this Division and that enactment is amended by that government or its operation is affected by a decision of a foreign court, the Minister may issue an interim order suspending or modifying the operation of the regulations to the extent that they are inconsistent with the enactment as amended or given effect.

(2) An interim order has effect from the time it is made.

(3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.

(4) No person shall be convicted of an offence consisting of a contravention of a regulation to the extent that it is modified or suspended by an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order.

(5) Subject to subsection (3), an interim order ceases to have effect on the earliest of

• (a) the day it is repealed,
• (b) the day the regulation is amended or repealed to give effect to the order, and
• (c) one year after the order is made.

164. In a prosecution under this Act, evidence that any vehicle, engine or equipment bore a name or mark purporting to be the name or mark of a company engaged in the business of manufacturing, importing or selling vehicles, engines or equipment is, in the absence of evidence to the contrary, proof that the vehicle, engine or equipment was manufactured, imported or sold, as the case may be, by the company.

165. In a prosecution under this Act, evidence that any vehicle, engine or equipment bearing a national emissions mark was manufactured by a company is, in the absence of evidence to the contrary, proof that the national emissions mark was applied by the company.

166. (1) Subject to subsection (4), the Minister shall act under subsections (2) and (3) only if the Ministers have reason to believe that a substance released from a source in Canada into the air creates, or may reasonably be anticipated to contribute to

• (a) air pollution in a country other than Canada; or
• (b) air pollution that violates, or is likely to violate, an international agreement binding on Canada in relation to the prevention, control or correction of pollution.

(2) If the source referred to in subsection (1) is not a federal source, the Minister shall

• (a) consult with the government responsible for the area in which the source is situated to determine whether that government can prevent, control or correct the air pollution under its laws; and
• (b) if the government referred to in paragraph (a) can prevent, control or correct the air pollution, offer it an opportunity to do so.

(3) If the source referred to in subsection (1) is a federal source or if the government referred to in paragraph (2)(a) cannot prevent, control or correct the air pollution under its laws or does not do so, the Minister shall take at least one of the following courses of action:

• (a) on approval by the Governor in Council, publish a notice under subsection 56(1); or
• (b) recommend regulations to the Governor in Council for the purpose of preventing, controlling or correcting the air pollution.

(4) If the air pollution referred to in paragraph (1)(a) is in a country where Canada does not have substantially the same rights with respect to the prevention, control or correction of air pollution as that country has under this Division, the Minister shall decide whether to act under subsections (2) and (3) or to take no action at all.

(5) When recommending regulations under paragraph (3)(b), the Minister shall take into account comments made under subsection 168(2), notices of objection filed under subjection 332(2) and any report of a board of review submitted under subsection 340(1).

167. The Governor in Council may, on the recommendation of the Minister, make regulations with respect to a substance released from a source in Canada into the air that creates, or may reasonably be anticipated to contribute to air pollution referred to in subsection 166(1) for the purpose of preventing, controlling or correcting the air pollution, including regulations respecting

• (a) the quantity or concentration of the substance that may be released into the air;
• (b) the manner in which and conditions under which the substance may be released into the air, either alone or in combination with any other substance;
• (c) the maintenance of books and records for the administration of any regulation made under this section;
• (d) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and
• (e) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.

168. (1) The Minister shall advise the government of any country that would be affected by or benefit from the regulation before it is published under subsection 332(1).

(2) Within 60 days after the publication of a proposed regulation under subsection 332(1), any person, including a representative of the government of any country that would be affected by or benefit from it, may file with the Minister written comments on the proposed regulation.

(3) At the end of the period of 60 days referred to in subsection (2), the Minister

• (a) shall advise each government referred to in paragraph 166(2)(a) of any notice of objection filed under subsection 332(2); and
• (b) shall publish in the Canada Gazette, and may publish in any other manner that the Minister considers appropriate, a report or a notice of the availability of a report that summarizes how any written comments filed under subsection (2) or a notice of objection filed under subsection 332(2) were dealt with.

169. (1) Where there occurs or there is a likelihood of a release into the air of a substance in contravention of a regulation made under section 167, any person described in subsection (2) shall, as soon as possible in the circumstances,

• (a) subject to subsection (4) and the regulations, notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person;
• (b) take all reasonable measures consistent with the protection of the environment and public safety to prevent the release or, if it cannot be prevented, to remedy any dangerous condition or reduce or mitigate any danger to the environment or to human life or health that results from the release of the substance or may reasonably be expected to result if the substance is released; and
• (c) make a reasonable effort to notify any member of the public who may be adversely affected by the release or likely release.

(2) Subsection (1) applies to any person who

• (a) owns or has charge of a substance immediately before its release or its likely release into the air; or
• (b) causes or contributes to the release or increases the likelihood of the release.

(3) Where there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.

(4) Where there are in force, by or under the laws of a province or an aboriginal government, provisions that the Governor in Council, by regulation, declares to be adequate for dealing with a release described in subsection (1), a report required by paragraph (1)(a) or subsection (3) shall be made to a person designated by those provisions.

(5) Where a person fails to take any measures required under subsection (1), an enforcement officer may take those measures, cause them to be taken or direct any person referred to in subsection (2) to take them.

(6) Any direction of an enforcement officer under subsection (5) that is inconsistent with a requirement imposed by or under any other Act of Parliament is void to the extent of the inconsistency.

(7) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (5) may enter and have access to any place or property and may do any reasonable things that may be necessary in the circumstances.

(8) Any person, other than a person described in subsection (2), who provides assistance or advice in taking the measures required by subsection (1) or who takes any measures authorized under subsection (5) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under those subsections unless it is established that the person acted in bad faith.

170. (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 169(5) from

• (a) any person referred to in paragraph 169(2)(a); and
• (b) any person referred to in paragraph 169(2)(b) to the extent of the person's negligence in causing or contributing to the release.

(2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

(3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection.

(4) A person referred to in paragraph 169(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person's negligence in causing or contributing to the release.

(5) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

(6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

(7) Where events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or become evident to the Minister, whichever is later.

(8) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as 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.

171. No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 167.

172. (1) If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, air pollution, the person shall, at the request of the Minister for the purposes of this Division and within the time that the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity and with analyses, samples, evaluations, studies, mitigation methodologies or other information relating to the substance.

(2) Before making a request to a person under subsection (1), the Minister shall try to obtain, within a reasonable time, the samples or information from the government responsible for the area in which the person is situated.

173. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 167 if the Minister believes

• (a) that the substance or source referred to in subsection 166(1) is not adequately regulated; and
• (b) that immediate action is required to deal with a significant danger to the environment or to human life or health.

(2) An interim order has effect from the time it is made.

(3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.

(4) The Governor in Council shall not approve an interim order unless the Minister has

• (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and
• (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

(5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 166 in order to address the significant danger that gave rise to the interim order.

(6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order.

(7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

• (a) the day it is repealed,
• (b) the day a regulation is made in accordance with subsection (5), and
• (c) two years after the order is made.

(8) No action is required to be taken under subsection (5) if the interim order is repealed.

174. The Minister shall include in the annual report required by section 342 a report on the administration of this Division.

175. In this Division, "water pollution" means a condition of water, arising wholly or partly from the presence in water of any substance, that directly or indirectly

• (a) endangers the health, safety or welfare of humans;
• (b) interferes with the normal enjoyment of life or property;
• (c) endangers the health of animal life;
• (d) causes damage to plant life or to property; or
• (e) degrades or alters, or forms part of a process of degrading or alterating, an ecosystem to an extent that is detrimental to its use by humans, animals or plants.

176. (1) Subject to subsection (4), the Minister shall act under subsections (2) and (3) only if the Ministers have reason to believe that a substance released from a source in Canada into water creates, or may reasonably be anticipated to create,

• (a) water pollution in a country other than Canada; or
• (b) water pollution that violates, or is likely to violate, an international agreement binding on Canada in relation to the prevention, control or correction of pollution.

(2) If the source referred to in subsection (1) is a not a federal source, the Minister shall :

• (a) consult with the government responsible for the area in which the source is situated to determine whether that government can prevent, control or correct the water pollution under its laws; and
• (b) if the government referred to in paragraph (a) can prevent, control or correct the water pollution, offer it an opportunity to do so.

(3) If the source referred to in subsection (1) is a federal source, or if the government referred to in paragraph (2)(a) cannot prevent, control or correct the water pollution under its laws or does not do so, the Minister shall take at least one of the following courses of action:

• (a) on approval by the Governor in Council, publish a notice under subsection 56(1); or
• (b) recommend regulations to the Governor in Council for the purpose of preventing, controlling or correcting the water pollution.

Reciprocity with other country (4) If the water pollution referred to in paragraph (1)(a) is in a country where Canada does not have substantially the same rights with respect to the prevention, control or correction of water pollution as that country has under this Division, the Minister shall decide whether to act under subsections (2) and (3).

(5) When recommending regulations under paragraph (3)(b), the Minister shall take into account comments made under subsection 178(2), notices of objection filed under subsection 332(2) and any report of a board of review submitted under subsection 340(1).

177. The Governor in Council may, on the recommendation of the Minister, make regulations with respect to a substance released from a source in Canada into water that creates, or may reasonably be anticipated to create, water pollution referred to in subsection 176(1) for the purpose of preventing, controlling or correcting the water pollution, including regulations respecting

• (a) the quantity or concentration of the substance that may be released into water;
• (b) the manner in which and conditions under which the substance may be released into water, either alone or in combination with any other substance;
• (c) the maintenance of books and records for the administration of any regulation made under this section;
• (d) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister; and
• (e) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance.

178. (1) The Minister shall advise the government of any country that would be affected by or benefit from the regulation before it is published under subsection 332(1).

(2) Within 60 days after the publication of a proposed regulation under subsection 332(1), any person, including a representative of the government of any country that would be affected by or benefit from it, may file with the Minister written comments on the proposed regulation.

(3) At the end of the period of 60 days referred to in subsection (2), the Minister

• (a) shall advise each government referred to in paragraph 176(2)(a) of any notice of objection filed under subsection 332(2); and
• (b) shall publish in the Canada Gazette, and may publish in any other manner that the Minister considers appropriate, a report or a notice of the availability of a report that summarizes how any written comments filed under subsection (2) or a notice of objection filed under subsection 332(2) were dealt with.

179. (1) Where there occurs or there is a likelihood of a release into waters of a substance in contravention of a regulation made under section 177, any person described in subsection (2) shall, as soon as possible in the circumstances,

(a) subject to subsection (4) and the regulations, notify an enforcement officer or any other person designated pursuant to the regulations and provide a written report on the matter to the enforcement officer or other person;

(b) take all reasonable measures consistent with the protection of the environment and public safety to prevent the release or, if it cannot be prevented, to remedy any dangerous condition or reduce or mitigate any danger to the environment or to human life or health that results from the release of the substance or may reasonably be expected to result if the substance is released; and

(c) make a reasonable effort to notify any member of the public who may be adversely affected by the release or likely release.

(2) Subsection (1) applies to any person who

• (a) owns or has charge of a substance immediately before its release or its likely release into water; or
• (b) causes or contributes to the release or increases the likelihood of the release.

(3) Where there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.

(4) Where there are in force, by or under the laws of a province or an aboriginal government, provisions that the Governor in Council, by regulation, declares to be adequate for dealing with a release described in subsection (1), a report required by paragraph (1)(a) or subsection (3) shall be made to a person designated by those provisions.

(5) Where any person fails to take any measures required under subsection (1), an enforcement officer may take those measures, cause them to be taken or direct any person referred to in subsection (2) to take them.

(6) Any direction of an enforcement officer under subsection (5) that is inconsistent with a requirement imposed by or under any other Act of Parliament is void to the extent of the inconsistency.

(7) Any enforcement officer or other person authorized or required to take any measures under subsection (1) or (5) may enter and have access to any place or property and may do any reasonable things that may be necessary in the circumstances.

(8) Any person, other than a person described in subsection (2), who provides assistance or advice in taking the measures required by subsection (1) or who takes any measures authorized under subsection (5) is not personally liable either civilly or criminally in respect of any act or omission in the course of providing assistance or advice or taking any measures under those subsections unless it is established that the person acted in bad faith.

180. (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 179(5) from

• (a) any person referred to in paragraph 179(2)(a); and
• (b) any person referred to in paragraph 179(2)(b) to the extent of the person's negligence in causing or contributing to the release.

(2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances.

(3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection.

(4) A person referred to in paragraph 179(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent of the person's negligence in causing or contributing to the release.

(5) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in right of Canada in any court of competent jurisdiction.

(6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person.

(7) Where events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or become evident to the Minister, whichever is later.

(8) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as 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.

181. No person shall carry on a work, undertaking or activity that results in the release of a substance in contravention of a regulation made under section 177.

182. (1) If a person carries on or proposes to carry on a work, undertaking or activity that results or may result in the release of a substance that creates, or may reasonably be anticipated to create, water pollution, the person shall, at the request of the Minister for the purposes of this Division and within the time that the Minister may specify, provide the Minister with plans, specifications, studies, procedures, schedules, analyses, samples or other information relating to the work, undertaking or activity and with analyses, samples, evaluations, studies, mitigation methodologies or other information relating to the substance.

(2) Before making a request to a person under subsection (1), the Minister shall try to obtain, within a reasonable time, the samples or information from the government responsible for the area in which the person is situated.

183. (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under section 177 if the Minister believes

• (a) that the substance or source referred to in subsection 176(1) is not adequately regulated; and
• (b) that immediate action is required to deal with a significant danger to the environment or to human life or health.

(2) An interim order has effect from the time it is made.

(3) An interim order ceases to have effect 14 days after it is made unless it is approved by the Governor in Council within that period.

(4) The Governor in Council shall not approve an interim order unless the Minister has

• (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and
• (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

(5) Where the Governor in Council approves an interim order, the Minister shall, within 90 days after the approval, take measures to comply with section 176 in order to address the significant danger that gave rise to the interim order.

(6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order.

(7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

• (a) the day it is repealed,
• (b) the day a regulation is made in accordance with subsection (5), and
• (c) two years after the order is made.

(8) No action is required to be taken under subsection (5) if the interim order is repealed.

184. The Minister shall include in the annual report required by section 342 a report on the administration of this Division.

185. (1) No person shall import, export or convey in transit a hazardous waste or hazardous recyclable material, or prescribed non-hazardous waste for final disposal, except

• (a) after notifying the Minister and paying the prescribed fee;
• (b) after receiving from the Minister whichever one of the following permits is applicable:
  • (i) an import permit or export permit that, except in the case of a permit issued under subsection (4), states that the authorities of the country of destination and, if applicable, of the country of transit have authorized the movement, and that the authorities of the jurisdiction of destination have authorized the final disposal or recycling of the waste or material, or
• (ii) a transit permit that states that the Minister has authorized the movement; and
• (c) in accordance with the prescribed conditions.

(2) If the Minister is of the opinion that the waste or material will not be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may refuse, in accordance with the criteria set out in the regulations, to issue a permit even if the relevant authorities have given their authorization.

(3) Before refusing under subsection (2) to issue a permit to import, the Minister shall consult with the government of the jurisdiction of destination.

(4) Where the Minister is of the opinion that the waste or material will be managed in a manner that will protect the environment and human health against the adverse effects that may result from that waste or material, the Minister may issue a permit if the relevant authorities inform the Minister that they lack the legal authority to authorize the movement, final disposal or recycling but are not opposed to it.

186. (1) For the purpose of implementing international agreements respecting the environment, the Minister may, with the approval of the Governor in Council and taking into account Canada's international obligations, prohibit, completely or partially and under any conditions that may be prescribed, the import, export or transit of waste or material referred to in subsection 185(1).

(2) No person shall abandon any waste or material referred to in subsection 185(1) in the course of import, export or transit.

187. After the Minister receives a notification of the proposed import, export or transit of a waste or material referred to in paragraph 185(1)(a), the Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, the name or specifications of the waste or material and

• (a) in the case of a proposed import, the name of the jurisdiction of origin and the name of the importer;
• (b) in the case of a proposed export, the name of the jurisdiction of destination and the name of the exporter; and
• (c) in the case of a proposed transit, the names of the jurisdictions of origin and of destination and the name of the conveyor.

188. (1) For the purpose of reducing or phasing out the export of hazardous waste or prescribed non-hazardous waste for final disposal, the Minister may require an exporter, or a class of exporters, of hazardous waste to

• (a) submit to the Minister, at the same time as the notification referred to in paragraph 185(1)(a) and at any other prescribed time, a plan in accordance with the regulations; and
• (b) implement that plan.

(2) Every person who is required to implement a plan under paragraph (1)(b) shall file with the Minister, within 30 days after the completion of each stage of the plan, a written declaration that the implementation has been completed.

(3) The Minister may refuse to issue a permit to an exporter who does not comply with subsection (1) or (2).

189. (1) No person shall undertake movement within Canada of hazardous waste or hazardous recyclable material otherwise than in accordance with this Division and the regulations and unless the person pays the prescribed fee.

(2) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, information derived from documents received under regulations made for the purpose of this section.

190. (1) The Minister may issue a permit authorizing, subject to conditions fixed by the Minister, any activity to be conducted in a manner that does not comply with this Division if the Minister is satisfied that

• (a) the manner in which the activity will be conducted provides a level of environmental safety at least equivalent to that provided by compliance with this Division; and
• (b) in the case of the importation, exportation or transit of a waste or material referred to in subsection 185(1), the activity is consistent with international environmental agreements binding on Canada.

(2) The permit may authorize the activity in terms of the persons who may conduct the activity and in terms of the waste and material that it may involve.

(3) The Minister may revoke the permit if

• (a) the Minister is of the opinion that paragraph (1)(a) or (b) no longer applies;
• (b) the regulations have been amended and address the activity authorized by the permit; or
• (c) the permit holder does not comply with the conditions of the permit.

(4) The Minister shall publish in the Canada Gazette, or in any other manner that the Minister considers appropriate, a copy of each permit issued under this section.

191. The Governor in Council may, on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of this Division, including regulations

• (a) defining, for the purposes of this Division and Part 10, words and expressions used in this Division, and providing criteria, testing protocols and standards in relation to those definitions;
• (b) respecting the notification referred to in paragraph 185(1)(a) and the procedure for applying for a permit under this Division;
• (c) establishing criteria for the purpose of subsection 185(2) that take into account obligations arising from international agreements to which Canada is a party;
• (d) for establishing a classification system for waste and material;
• (e) respecting information and documents to be provided to the Minister;
• (f) respecting conditions governing the import, export, transit and movement within Canada of waste and material;
• (g) respecting plans referred to in subsection 188(1), taking into account
• (i) the benefit of using the nearest appropriate disposal facility, and
• (ii) changes in the quantity of goods the production of which generates hazardous waste to be disposed of by an exporter or class of exporters; and
• (h) prescribing anything that by this Division is to be prescribed.

192. The Minister may establish forms for the purposes of this Division.