Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Consultation

329. The Minister making a regulation under section 328 shall do so after consulting with any persons or organizations that the Minister considers to be interested in the matter.

Marginal note:Exercise of regulation-making power

• 330. (1) The Governor in Council may, in the exercise of any regulation-making power under this Act in respect of a substance, prescribe

  • (a) the minimum, average or maximum quantity or concentration of the substance; and

  • (b) the method of determining such a quantity or concentration.

• Marginal note:Incorporation by reference

  (2) For greater certainty, a regulation made under this Act incorporating by reference a standard, specification, guideline, method, procedure or practice may incorporate the standard, specification, guideline, method, procedure or practice as amended from time to time.

• Marginal note:Application throughout Canada

  (3) Except as provided in subsection (3.1), a regulation under this Act applies throughout Canada.

• Marginal note:Limited geographical application

  (3.1) A regulation made under section 93, 140, 167 or 177 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health.

• Marginal note:Variation

  (3.2) Regulations made under section 93, 140, 145, 167, 177 or 326 may distinguish among any class of persons, works, undertakings, activities or substances, including fuels, that they may establish on the basis of any factor, including

  • (a) quantities of releases;

  • (b) production capacity;

  • (c) technology or techniques used or manufacturing process;

  • (d) feedstocks used;

  • (e) in the case of works or undertakings, the date their operation commenced or the date on which any major alterations are completed;

  • (f) the substance or fuel’s source;

  • (g) the substance or fuel’s commercial designation;

  • (h) the substance or fuel’s physical or chemical properties; and

  • (i) the substance or fuel’s conditions of use or place or time of year of use.

• Marginal note:Limitation of Part 7

  (3.3) Nothing in Part 7 is to be construed so as to prevent the making of regulations under Part 5.

• Marginal note:Manner of service

  (4) The Minister may make regulations respecting the manner of providing or serving orders, copies of orders, notices or other documents that are to be provided under this Act.

Marginal note:Exemption from Statutory Instruments Act

331. An interim order made under section 94, 163, 173, 183 or 200.1

• (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; and

• (b) shall be published in the Canada Gazette within 23 days after it is approved by the Governor in Council.