The Act: Table of Contents: Part 11: Economic Instruments

Part 11: Miscellaneous Matters - Economic Instruments

Guidelines, programs and other measures

322. The Minister may establish guidelines, programs and other measures for the development and use of economic instruments and market-based approaches to further the purposes of this Act, respecting systems relating to

(a) deposits and refunds; and

(b) tradeable units.

Consultation

323. (1) In carrying out the responsibilities conferred by section 322, 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 quality of the environment or the preservation and improvement of public health.

Minister may act

(2) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (1), the Minister may act under section 322 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.

Publication of guidelines and programs

324. The Minister shall publish any guidelines, programs and other measures established under section 322, or shall give notice of their availability, in the Canada Gazette and in any other manner that the Minister considers appropriate.

Regulations for systems relating to deposits and refunds

325. The Governor in Council may, in the exercise of a regulation-making power under section 93, 118 or 209, make regulations respecting systems relating to deposits and refunds, including, but not limited to, regulations providing for, or imposing requirements respecting,

(a) deposits, including the amount of any deposit and the substance, product containing a substance or activity in relation to which a deposit is required, the conditions for the use of a deposit and the conditions for and manner of paying a deposit;

(b) the period during which a deposit may be held;

(c) refunds, including the amount of any refund and the substance, product containing a substance or activity in relation to which a refund may be granted and the conditions for and manner of paying a refund;

(d) the establishment of a fund for deposits, and the operation, management and administration of the fund;

(e) the designation of a person to administer the fund for deposits and the conditions for the designation;

(f) reports and forms related to deposits, refunds and the fund for deposits;

(g) the maintenance of books and records for the administration of any regulation made under this section; and

(h) the forfeiture of deposits, including unclaimed deposits and the conditions under which and the circumstances in which deposits may be forfeited.

Regulations for tradeable units systems

326. The Governor in Council may, in the exercise of a regulation-making power under section 93, 118, 140, 167, 177 or 209, make regulations respecting systems relating to tradeable units, including regulations providing for, or imposing requirements respecting,

(a) the substance, product containing a substance or quantity or concentration of the substance that is released or activity in relation to which the system is established;

(b) the methods and procedures for conducting sampling, analyses, tests, measurements or monitoring under the system;

(c) the description and nature of a tradeable unit, including allowances, credits or coupons;

(d) the baselines to be used for comparison or control purposes in relation to the system and the maximum limits applicable to the system and the manner of determining those baselines and maximum limits;

(e) the conditions related to the creation, distribution, exchange, sale, use, variation or cancellation of a tradeable unit;

(f) the creation, operation and management of a public registry related to the system;

(g) the conditions for the use of and participation in the system, including environmental or temporal limits;

(h) reports and forms related to the system; and

(i) the maintenance of books and records for the administration of any regulation made under this section.

Ministerial orders

327. Despite any regulation made under section 326, the Minister may issue an order setting conditions in respect of the trading or suspend or cancel trading of tradeable units or invalidate any trade of tradeable units where the Ministers are of the opinion that the trade or use of a tradeable unit

(a) has or may have an immediate or long-term harmful effect on the environment;

(b) constitutes or may constitute a danger to the environment on which human life depends; or

(c) constitutes or may constitute a danger in Canada to human life or health.