Circumstances for Granting Waivers Pursuant to Section 147 of the Act, Regulations Prescribing

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Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act

SOR/2010-138CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2010-06-17
Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act
P.C. 2010-763 2010-06-17Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on November 14, 2009, a copy of the proposed Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to section 145 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act.Prescribed Circumstances

1 The circumstances in which the Minister may, pursuant to section 147 of the Canadian Environmental Protection Act, 1999, grant the waiver provided for under that section are

(a) an actual or anticipated shortage of fuel exists and one of the following measures has been made or issued:

(i) a proclamation by the Governor in Council under subsection 6(1), 17(1), 28(1) or 38(1) of the Emergencies Act,
(ii) an order by the Governor in Council under subsection 15(1) of the Energy Supplies Emergency Act,
(iii) an order by the Lieutenant Governor in Council or the Premier, under section 7.0.1 of the Emergency Management and Civil Protection Act of Ontario, R.S.O. 1990, c. E-9, as amended from time to time,
(iv) a declaration by the Government or the Minister of Public Security, under section 88 or 89 of the Civil Protection Act of Quebec, R.S.Q., c. S-2.3, as amended from time to time,
(v) a declaration by the Minister of Emergency Management, under subsection 12(1) of the Emergency Management Act of Nova Scotia, S.N.S. 1990, c. 8, as amended from time to time,
(vi) a declaration by the Minister of Public Safety, under subsection 11(1) of the Emergency Measures Act of New Brunswick, S.N.B. 1978, c. E-7.1, as amended from time to time,
(vii) a declaration by the responsible Minister, under section 10 of the Emergency Measures Act of Manitoba, C.C.S.M. c. E80, as amended from time to time,
(viii) an order by the responsible Minister or the Lieutenant Governor in Council, under section 9 of the Emergency Program Act of British Columbia, R.S.B.C. 1996, c. 111, as amended from time to time,
(ix) a declaration by the responsible Minister, under subsection 9(1) of the Emergency Measures Act of Prince Edward Island, R.S.P.E.I. 1988, c. E-6.1, as amended from time to time,
(x) an order by the Lieutenant Governor in Council, under section 17 of the Emergency Planning Act of Saskatchewan, S.S. 1989-90, c. E-8.1, as amended from time to time,
(xi) an order by the Lieutenant Governor in Council, under section 18 of the Emergency Management Act of Alberta, R.S.A. 2000, c. E-6.8, as amended from time to time,
(xii) a declaration by the Lieutenant-Governor in Council, under subsection 11(1) of the Emergency Services Act of Newfoundland and Labrador, S.N.L. 2008, c. E-9.1, as amended from time to time,
(xiii) a declaration by the Commissioner in Executive Council, under section 6 of the Civil Emergency Measures Act of Yukon, R.S.Y. 2002, c. 34, as amended from time to time,
(xiv) an order by the responsible Minister, under section 11 of the Civil Emergency Measures Act of the Northwest Territories, R.S.N.W.T. 1988, c. C-9, as amended from time to time, or
(xv) a declaration by the responsible Minister, under section 11 of the Emergency Measures Act of Nunavut, S.Nu. 2007, c. 10, as amended from time to time; or

(b) an actual or anticipated shortage of fuel exists and the Minister of National Defence advised the Minister in writing that the actual or anticipated shortage of fuel affects or could affect the Government of Canada’s ability to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.

Coming into Force

2 These Regulations come into force on the day on which they are registered.