Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)
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Assented to 2019-06-21
PART 4Various Measures (continued)
DIVISION 9Regulatory Modernization (continued)
SUBDIVISION HR.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act (continued)
Marginal note:2007, c. 7, s. 8; 2012, c. 31, s. 280(1) and par. 282(e)
Marginal note:2012, c. 31, s. 280(2)
(2) Subsection 48(2) of the Act is replaced by the following:
Marginal note:Regulations prescribing fees
(2) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing fees or the manner of calculating fees to be paid under this Act and respecting the rounding of those fees.
203 The Act is amended by adding the following after section 48:
Marginal note:Statutory Instruments Act
48.1 The Statutory Instruments Act does not apply to an order made under section 14 or 18.
204 Subsection 49(3) of the Act is replaced by the following:
Marginal note:Limitation period
(3) Proceedings by way of summary conviction in respect of an offence under paragraph (1)(a) may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose.
Marginal note:2012, c. 31, s. 281
205 Section 50 of the Act and the heading before it are repealed.
Transitional Provisions
Marginal note:Definitions
206 The following definitions apply in sections 207 to 210.
- affected party
affected party has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force. (partie touchée)
- Chief Screening Officer
Chief Screening Officer has the meaning assigned by subsection 10(1) of the Hazardous Materials Information Review Act as that subsection read immediately before the day on which subsection 198(1) of this Act comes into force. (agent de contrôle en chef)
- commencement day
commencement day means the day on which section 201 comes into force. (date de référence)
Marginal note:Pending claims for exemption
207 A claim for exemption under the Hazardous Materials Information Review Act that, immediately before the commencement day, was pending before the Chief Screening Officer or before a screening officer assigned under paragraph 12(1)(b) of that Act, as that paragraph read immediately before the commencement day, to review the claim and the safety data sheet or label to which it relates is to be taken up before the Minister of Health and continued in accordance with that Act as it reads on that day.
Marginal note:Appeals
208 An appeal that was filed, before the commencement day, in accordance with section 20 of the Hazardous Materials Information Review Act, as that section read immediately before the commencement day, is continued in accordance with sections 20 to 27 and 43 and 44 of that Act as those sections read immediately before that day.
Marginal note:Liability
209 Section 50 of the Hazardous Materials Information Review Act, as that section read immediately before the day on which section 205 of this Act comes into force, continues to apply to members of an appeal board who are exercising their powers or performing their duties or functions in relation to an appeal that is continued under section 208 of this Act.
Marginal note:Representations
210 If, before the commencement day, a notice was published in the Canada Gazette in accordance with paragraph 12(1)(a) of the Hazardous Materials Information Review Act, as that paragraph read immediately before that day, and section 201 of this Act comes into force before the end of the period specified in the notice, an affected party that wishes to make written representations with respect to the claim for exemption in question and the safety data sheet or label to which it relates may, within the period specified in the notice but on or after the commencement day, make those representations to the Minister of Health.
Coordinating Amendments
Marginal note:2017, c. 20, s. 395
211 (1) If section 201 of this Act comes into force before section 395 of the Budget Implementation Act, 2017, No. 1, then that section 395 is repealed.
(2) If section 201 of this Act and section 395 of the Budget Implementation Act, 2017, No. 1 come into force on the same day, then that section 395 is deemed to have come into force before that section 201.
Marginal note:2018, c. 27, s. 624
212 (1) If section 201 of this Act comes into force before section 624 of the Budget Implementation Act, 2018, No. 2, then that section 624 is repealed.
(2) If section 201 of this Act and section 624 of the Budget Implementation Act, 2018, No. 2 come into force on the same day, then that section 624 is deemed to have come into force before that section 201.
Coming into Force
Marginal note:Order in council
213 The provisions of this Subdivision, other than sections 206 to 212, come into force on a day or days to be fixed by order of the Governor in Council.
SUBDIVISION I1996, c. 10Canada Transportation Act
Amendments to the Act
214 The Canada Transportation Act is amended by adding the following after section 6.1:
Electronic Administration and Enforcement
Marginal note:Electronic means
6.2 (1) If the Minister administers or enforces an Act of Parliament, the Minister may do so using electronic means.
Marginal note:Designated persons
(2) For greater certainty, any person or class of persons who are designated by the Minister under an Act of Parliament for the purposes of the administration and enforcement of that Act may, in the exercise of their powers or the performance of their duties and functions, use the electronic means that are made available or specified by the Minister.
Marginal note:Delegate
(3) For greater certainty, a person who has been authorized by the Minister to do anything that may be done by the Minister under an Act of Parliament, may do so using the electronic means that are made available or specified by the Minister.
Marginal note:Provision of information
6.3 For the purposes of sections 6.4 and 6.5, providing information includes
Marginal note:Conditions for electronic version
6.4 For the purposes of an Act of Parliament that the Minister administers or enforces, a requirement under that Act to provide a signature or to provide information in a paper-based format is met if
(a) an electronic version of the signature or information is provided by electronic means that are made available or specified by the Minister; and
(b) any other condition that is provided for in regulations made under paragraph 6.5(a) is met.
Marginal note:Regulations
6.5 The Governor in Council may make regulations
(a) respecting the application of sections 6.2 and 6.4, including the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used;
(b) setting out the circumstances in which a person who must provide a signature or information under an Act that the Minister administers or enforces is required to do so using electronic means and specifying those means;
(c) authorizing the Minister to permit or direct the use of electronic means, other than those referred to in paragraph (b), or non-electronic means and setting out the circumstances in which the Minister may do so; and
(d) respecting the date and time when, and the place where, the electronic version of information is deemed to be sent or received.
215 The Act is amended by adding the following after section 6.5:
Exemptions
Marginal note:Application
6.6 (1) A person may, in the form and manner specified by the Minister, apply to the Minister for an order that exempts any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act.
Marginal note:Information
(2) The Minister may, on receiving the application, require the provision of any information that is necessary for the Minister to process and assess the application.
Marginal note:Debts to Her Majesty
(3) The Minister may refuse to process or assess the application if the applicant has not paid an amount that, under an Act of Parliament that the Minister administers or enforces, constitutes a debt due to Her Majesty in right of Canada.
Marginal note:Order
6.7 (1) The Minister may, by order, exempt, for a period of not more than five years and subject to any conditions that the Minister considers appropriate, any person or thing, or class of persons or things, from the application of any provision of an Act of Parliament that the Minister administers or enforces or any provision of an instrument made under that Act, if the Minister is of the opinion that the exemption, having regard to the purposes of that Act, is in the public interest and that the exemption promotes innovation in transportation through research, development or testing.
Marginal note:Extension
(2) The Minister may, by order, extend the period of an exemption once, for a further period of not more than five years, subject to any conditions that the Minister considers appropriate.
Marginal note:Statutory Instruments Act
(3) The Statutory Instruments Act does not apply to an order made under this section that applies to a single person or thing.
Marginal note:Accessibility
(4) The Minister shall ensure that an order referred to in subsection (3) is accessible to the public unless the Minister is of the opinion that it would be inappropriate for reasons that include safety or security considerations or the protection of confidential or personal information.
Marginal note:Exemptions under other Act
(5) For greater certainty, the making of an order under subsection (1) does not preclude or limit the exercise of a power to exempt under an Act of Parliament that is administered or enforced by the Minister and vice versa.
Marginal note:Cost recovery
6.8 The Minister may recover any costs associated with the processing and assessing of an application under section 6.6 and may refuse to make the order requested until those costs are recovered from the applicant.
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