ARCHIVED — Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program)

P.C. 2011-221 February 10, 2011

Whereas, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment published in the Canada Gazette, Part I, on August 8, 2009, a copy of the proposed Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program), 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;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 (see footnote c) of that Act;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 (see footnote d), hereby makes the annexed Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE BENZENE IN GASOLINE REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENT

1. Paragraph 19(8)(b) of the Benzene in Gasoline Regulations (see footnote 1) is replaced by the following:

(b) at least 1.7 L of the sample so that analysis for each model parameter can be performed by the Minister.

COMING INTO FORCE

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

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program) [hereinafter referred to as the Amendments] made pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), were developed to address a recommendation made by the Standing Joint Committee for the Scrutiny of Regulations. The objective of the Amendments is to remove wording of a redundant nature in the Benzene in Gasoline Regulations (hereinafter referred to as the Regulations).

Description and rationale

Paragraph 19(8)(b) of the Regulations stated that every gasoline importer and producer must retain in Canada

“a sufficient quantity, at least 1.7 L, of the sample so that analysis for each model parameter can be performed by the Minister.”

The Standing Joint Committee for the Scrutiny of Regulations has found the wording “a sufficient quantity” to be of a redundant nature. Given that the provisions of this paragraph already state that the minimum amount of sample required to be retained is at least 1.7 litres, the wording “a sufficient quantity” is not necessary.

The Amendments, therefore, remove the following wording from paragraph 19(8)(b) of the Regulations:

“a sufficient quantity” from the English version; and
“une quantité suffisante” from the French version.

The Amendments are of an administrative nature and improve the clarity of the Regulations by removing wording of a redundant nature. The Amendments do not change the purpose or intent of the Regulations.

Consultation

The Minister of the Environment, on July 27, 2007, had provided the governments of the provinces and territories as well as aboriginal representatives, through the CEPA National Advisory Committee, an opportunity to advise and comment on a draft of the proposed Amendments. No comments were received.

Comments received following publication of the proposed Amendments in the Canada Gazette, Part I, on August 8, 2009

The proposed Amendments were published in the Canada Gazette, Part I, on August 8, 2009, for a 60-day public comment period. No comments were received during that period.

Implementation, enforcement and service standards

The Amendments being of an editorial nature, developing an implementation plan, an enforcement strategy or service standards is not required.

Contacts

Michelle Raizenne
Oil, Gas and Alternative Energy Division
Environment Canada
Gatineau, Québec
K1A 0H3
Telephone: 819-953-5060
Fax: 819-953-8903
Email: Michelle.Raizenne@ec.gc.ca

Markes Cormier
Regulatory Analysis and Instrument Choice Division
Environment Canada
Gatineau, Québec
K1A 0H3
Telephone: 819-953-5236
Fax: 819-997-2769
Email: Markes.Cormier@ec.gc.ca

Footnote a
S.C. 2004, c. 15, s. 31

Footnote b
S.C. 1999, c. 33

Footnote c
S.C. 2002, c. 7, s. 124

Footnote d
S.C. 1999, c. 33

Footnote 1
SOR/97-493

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ARCHIVED — Regulations Amending the Benzene in Gasoline Regulations (Miscellaneous Program)