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

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Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, 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;^note^noteTherefore, 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, 1999, hereby makes the annexed Regulations Prescribing Circumstances for Granting Waivers Pursuant to Section 147 of the Act.

Prescribed Circumstances

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The circumstances referred to in section 147 of the Canadian Environmental Protection Act, 1999 are the following:

(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, or

(iii)a declaration of emergency in a province, by a responsible provincial authority duly authorized by the applicable provincial Act regarding emergency situations or civil protection; or

(iv) to (xv)[Repealed, SOR/2018-246, s. 1] (repealed)

(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.

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Coming into Force

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

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.

Prescribed Circumstances

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Coming into Force

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