First

Session, 48th General Assembly

Elizabeth II, 2016

BILL 34

AN ACT TO REGULATE

GREENHOUSE GAS EMISSIONS FROM INDUSTRIAL FACILITIES IN THE PROVINCE

Received and Read the First Time .................................................................................................

Second Reading .................................................................................................................................

Committee ..........................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE PERRY TRIMPER

Minister of Environment and Conservation

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would regulate greenhouse

gas emissions from industrial facilities in the province.

A BILL

AN ACT TO REGULATE GREENHOUSE GAS EMISSIONS

FROM INDUSTRIAL FACILITIES IN THE PROVINCE

Analysis

Short title

Definitions

Labrador Inuit rights

Application

Greenhouse gas emissions reduction

target

Fund

Payments from fund

Advisory council

Experts

Mandatory reporting

Calculation of greenhouse gas emissions

Intergovernmental agreements

Application for investigation

Inspectors

Powers of inspectors re: compliance

Contravention of Act suspected

Disposition of documents

Telewarrant

Administrative penalties

Ministerial order

Amendment or revocation of order

Effects of order

Compliance

Joint and individual liability

Protection from liability

Fees and forms

Statutory review

Offence

Ministerial regulations

Lieutenant-Governor in Council

regulations

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

Short title

1. This

Act may be cited as the Management of

Greenhouse Gas Act .

Definitions

2. In

this Act

(a) "carbon dioxide equivalent" means

the mass of carbon dioxide that would produce the same global warming impact as

a given mass of another greenhouse gas, as determined in accordance with the regulations;

(b) "electricity generation" means the

operation of electric utilities that generate, transmit, control and distribute

electric power;

(c) "facility" means

(

i) a plant or structure where greenhouse gas is

emitted, and

(ii) a site or 2 or more contiguous or adjacent

sites that are operated and function in an integrated fashion where greenhouse

gas is emitted,

including all buildings, equipment,

machinery and vehicles that emit greenhouse gas;

(d) "fund" means the Newfoundland

and Labrador Greenhouse Gas Reduction Fund established under

section 6;

(e) "fund credit" means a credit obtained

by an industrial facility by paying money into the fund;

(f) "greenhouse gas" means

(

i) carbon dioxide (CO 2 ),

(ii) methane (CH 4 ),

(iii) nitrous oxide (N 2 0),

(iv) categories of hydrofluorocarbons (HFCs)

prescribed in the regulations,

(

v) categories of perfluorocarbons (PFCs)

prescribed in the regulations,

(vi) sulphur hexafluoride (SF 6 ), and

(vii) other gases prescribed in the regulations;

(g) "greenhouse gas reduction credit"

means

(

i) a fund credit,

(ii) a performance credit,

(iii) an offset credit, and

(iv) another credit prescribed in the regulations;

(h) "industrial facility" means a

facility in the province engaged in

(

i) manufacturing and processing,

(ii) mining, quarrying and oil and gas extraction,

(iii) electricity generation;

(i) "manufacturing and processing" means

the chemical, mechanical or physical transformation of materials or substances

into finished or semi-finished products;

(j) "mining, quarrying and oil and gas

extraction" means the extraction of minerals, solid materials, liquids and

gases;

(k) "minister" means the minister appointed

under the Executive Council Act to

administer this Act;

(l) "offset credit" means a credit earned

by an industrial facility for a prescribed activity that

(

i) reduces the emission of greenhouse gas in a

manner prescribed in the regulations, or

(ii) sequesters greenhouse gases in a manner

prescribed in the regulations;

(m) "operator" means the person who is

responsible for an industrial facility's operations as of December 31 of a year

or where an industrial facility closed during a year the person who last

operated the industrial facility in that year; and

(n) "performance credit" means a credit

earned by an industrial facility for reducing greenhouse gas emissions by more

than its greenhouse gas emission reduction target referred to in

section 5.

Labrador Inuit

rights

3. This

Act and the regulations made under this Act shall be read and applied in

conjunction with the Labrador Inuit Land

Claims Agreement Act and, where a provision of this Act or the regulations

made under this Act is inconsistent or conflicts with a provision, term or

condition of the Labrador Inuit Land

Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act

shall have precedence over the provision of this Act or a regulation made under

this Act.

Application

4 .

(1) Except

as provided in

section 7, this Act applies to an industrial facility that emits

15,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in any

year after the coming into force of this Act.

(2) Notwithstanding subsection (1), where an

industrial facility emits less than 15,000 tonnes of carbon dioxide equivalent

in 3 consecutive years, the owner or operator of the industrial facility may apply

to the minister for an exemption from this Act.

(3) An exemption granted under subsection

(2) expires if the industrial facility emits 15,000 tonnes of carbon dioxide

equivalent in a year after the exemption is granted.

(4) This Act does not apply to the Holyrood

Generating Station unless otherwise prescribed in the regulations.

Greenhouse gas

emissions reduction target

(1) The

Lieutenant-Governor in Council may make regulations establishing annual

greenhouse gas emissions reduction targets for industrial facilities that emit

25,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in any

year since the coming into force of this Act.

(2) An industrial facility shall achieve the

prescribed annual greenhouse gas emissions reduction target each year.

(3) An industrial facility may achieve the

greenhouse gas emissions reduction target each year by doing one or both of the

following:

(

a) reducing greenhouse gas emissions at its

industrial facility; or

(

b) using one or more greenhouse gas reduction

credits earned by it.

(4) The Lieutenant-Governor in Council may make

regulations exempting an industrial facility from achieving its annual greenhouse

gas emissions reduction target where the industrial facility emits less than

25,000 tonnes of carbon dioxide equivalent or more of greenhouse gases in 3

consecutive years and applies to the minister for an exemption.

Fund

(1) There

is established a fund called the Newfoundland and Labrador

Greenhouse Gas Reduction Fund.

(2) There shall be deposited into the fund money received from

(

a) the owners and operators of industrial

facilities for the purchase of fund credits; and

(

b) enforcement activities under this Act and the

regulations.

(3) The fund shall be held in trust by the

minister and administered in accordance with this Act and the regulations.

(4) The minister may invest all or part of the

money in the fund in investments authorized under

section 15 of the Financial Administration Act .

(5) The income earned by the fund accrues to and

becomes part of the fund.

(6) Where money deposited into the fund remains in

the fund 5 years after it was deposited, the advisory council shall make a recommendation

to the minister regarding how the money should be used to achieve a verifiable

reduction in greenhouse gas emissions.

(7) Costs associated with administering the fund

shall be paid from the fund.

(8) Notwithstanding another Act, the money in the

fund does not form part of the Consolidated Revenue Fund and the fund is not a

division of the Consolidated Revenue Fund, but the money is the property of the

Crown.

(9) The minister shall keep complete books of

accounts in which shall be entered the amounts deposited and paid out of the

fund and details relating to the fund.

(10) The auditor general shall audit the financial

statements of the fund and attach to them a report in relation to those

financial statements.

(11) The financial statements of the fund shall be

signed by the minister and the officers or agents authorized to administer the

fund.

(12) The minister may appoint officers, agents and

other staff that may be necessary to administer and manage the fund for the

purposes of the Act and the regulations.

Payments from

fund

(1) Notwithstanding

section 30 of the Financial

Administration Act , the minister may authorize payments from the fund where

(

a) an operator

(

i) submits an application in a form set by the

minister, and

(ii) provides proof satisfactory to the minister

that

(

A) the money will be used to achieve a verifiable

reduction in greenhouse gas emissions at an industrial facility within a

reasonable period of time, and

(

B) the reduction referred to in clause A will be

in addition to any greenhouse gas reductions the industrial facility is

required to make to achieve its annual greenhouse gas emission reduction target;

(

b) the advisory council makes a recommendation

under subsection 6(6) and the minister is satisfied that the recommendation

will achieve a verifiable reduction in greenhouse gas.

(2) An industrial facility that emits less than

15,000 tonnes of carbon dioxide equivalent a year may apply for payment from the

fund under subsection (1).

Advisory council

(1) The

Lieutenant-Governor in Council shall appoint an advisory council to

(

a) assess applications for payments from the

fund; and

(

b) provide recommendations to the minister

regarding payments from the fund.

(2) The advisory council shall consist of a

minimum of 5 members and a maximum of 7 members including the following:

(

a) at least 2 people with expertise in the

operation of the type of industrial facilities that operate in the province;

(

b) at least 2 people with expertise in climate

change and greenhouse gas emission reduction; and

(

c) a deputy minister or an assistant deputy

minister of a government department or a person holding an equivalent position

in government.

(3) The Lieutenant-Governor in Council shall

designate one of the members of the advisory council to be the chairperson.

(4) A majority of the members of the advisory

council constitutes a quorum.

(5) The members of the advisory council shall be appointed

for a term of up to 3 years and are eligible for reappointment.

(6) Notwithstanding the expiry of his or her term,

a member of the advisory council continues to be a member until he or she is

reappointed or his or her replacement is appointed.

(7) A member of the advisory council is not

entitled to payment for services performed as a member but shall receive travelling

and other expenses in accordance with guidelines established by the Lieutenant-Governor

in Council.

Experts

(1) The

minister may retain the services of a person with expertise in a particular

area where the minister is of the opinion that the expertise is relevant to

making a determination regarding payment from the fund.

(2) Expenses relating to an expert referred to in

subsection (1) shall be paid from the fund.

Mandatory reporting

(1) An owner or operator of an industrial facility to which

this Act applies shall submit to the minister annually a report regarding the

greenhouse gas emissions released and containing other information prescribed

in the regulations.

(2) The minister may disclose to the public

non-identifying aggregate information obtained from a report submitted under

subsection (1) in the form and manner prescribed in the regulations.

Calculation of

greenhouse gas emissions

11. An owner or operator of an industrial facility shall

calculate its greenhouse gas emissions using the methodology prescribed in the

regulations.

Intergovernmental

agreements

(1) The

minister may enter into an agreement with the government of a province, of Canada

or of a foreign country or state for a purpose related to this Act.

(2) An agreement made under subsection (1) with

the government of a province, of Canada or of a foreign country or

state is subject to the Intergovernmental

Affairs Act .

Application for

investigation

(1) A

person ordinarily resident in the province who is at least 18 years of age and

who is of the opinion that an offence has been committed under this Act or the

regulations may apply to the minister for an investigation of the alleged

offence.

(2) The application shall include a declaration that

(

a) states the name and address of the applicant;

(

b) states the nature of the alleged offence and

the name of each person alleged to be included in the commission of the offence;

and

(

c) contains a concise statement of the evidence

supporting the allegations of the applicant.

(3) Within 20 days of receipt of the application

the minister shall acknowledge receipt of the application and shall investigate

all matters that the minister considers necessary to determine the facts relating

to the alleged offence.

(4) After acknowledging receipt of the application

the minister shall report to the applicant every 90 days on the progress of the

investigation and the action, if any, that the minister has taken or proposes

to take.

(5) A report under subsection (4) shall include an

estimate of the time required to complete the investigation or to implement the

action.

(6) A report under subsection (4) is not required

if the investigation is discontinued before the 90 day period referenced in

subsection (4).

(7) The minister may discontinue an investigation

if the minister is of the opinion that the alleged offence does not require

further investigation.

(8) Where an investigation is discontinued, the

minister shall

(

a) prepare a written report describing the

information obtained during the investigation and stating the reasons for the

discontinuation; and

(

b) send a copy of the report to the applicant and

to any person whose conduct was investigated.

(9) A copy of the report sent under subsection

(8) to a person whose conduct was investigated shall not disclose the name or

address of the applicant or any other personal information about the applicant.

Inspectors

(1) The minister may designate persons or classes of persons to

act as inspectors for the purpose of this Act and the regulations.

(2) A person shall not interfere with, obstruct,

attempt to obstruct, or fail to cooperate with, an inspector in the exercise of

his or her functions under this Act.

(3) A person shall not knowingly make a false or

misleading statement, either orally or in writing, to an inspector while he or

she is exercising powers or carrying out duties or functions under this Act or

the regulations.

Powers of inspectors

re: compliance

(1) An inspector may, at

all reasonable times, for a purpose related to the administration and

enforcement of this Act or the regulations, inspect or examine the premises,

processes, books and records of a person that the inspector may consider

relevant for the purposes of determining compliance with this Act or the

regulations, and the inspector may, without a warrant

(

a) enter any premises where

(

i) the inspector reasonably believes a greenhouse

gas is being, has been or may be released into the environment,

(ii) anything is or is suspected by the inspector

of being done in connection with a requirement of this Act or the regulations,

(iii) any property, or books and records are or may

be kept;

(

b) make copies or extracts or take photographs,

videos or audiotapes that the inspector considers necessary;

(

c) take samples of a substance or thing;

(

d) require the owner or person in charge of a premises

to give the inspector all reasonable assistance, including the production of

books and records as requested by the inspector, and to answer all proper

questions relating to the administration or enforcement of this Act or the

regulations and, for that purpose, require the owner or person in charge to

attend at the premises with the inspector; and

(

e) require the owner or person in charge to make

available the means to generate and manipulate books and records that are in

machine readable or electronic form and any other means or information

necessary for the inspector to assess the books and records.

(2) Notwithstanding subsection (1), an inspector

shall not enter a dwelling-house without the consent of the occupant except

under the authority of a warrant issued under this Act.

Contravention of

Act suspected

16 .

(1) Where,

during the course of an inspection or examination under

section 15, or

otherwise where an inspector believes on reasonable grounds that there has been

a contravention of this Act or the regulations, the inspector may, with a

warrant issued under subsection (2), seize and take away anything that may

provide evidence with respect to a suspected offence under this Act or the

regulations as evidence of a contravention and may retain those things until

the time they are required in a court proceeding.

(2) A Provincial Court judge who is satisfied upon

oath or affirmation that there are reasonable grounds for believing there is in

or on a premises anything that may provide evidence with respect to a suspected

offence under this Act or the regulations, may issue a warrant authorizing an

inspector to enter the premises for the purpose of investigating the suspected

offence and to

(

a) search;

(

b) examine the contents of the premises and make

those inquiries that the inspector considers necessary; and

(

c) copy, extract, photograph, video, seize and

take away evidence, books and records.

(3) The owner or person in charge of a premises

referred to in this

section or a person present at the premises shall not

obstruct an inspector in the carrying out of his or her duties under this

section as authorized by the warrant.

Disposition of

documents

(1) Where an

inspector removes documents or records from a premises for the purpose of

section 16, and makes a copy or extract of them or a part of them, the inspector

shall give a receipt to the owner of the premises for the documents or records

removed.

(2) Where documents or records are removed from a

premises, the documents or records shall be returned to the owner as soon as

the copies or extracts have been made.

(3) A copy or extract of a document or record

related to an inspection, examination, test or inquiry purporting to be

certified by the inspector is admissible in evidence in an action, proceeding

or prosecution as proof, in the absence of evidence to the contrary, of the

original without proof of appointment, designation, authority or signature of

the person purporting to have certified the copy.

Telewarrant

(1) Where,

in the opinion of an inspector it would not be practical to appear before a

Provincial Court judge to apply for a warrant, the inspector may make the

application by telephone or other means of telecommunication.

(2) Where the information on which an application

for a warrant is submitted by telephone or other means of telecommunication,

the information shall be given under oath or affirmation, and the oath or

affirmation may be administered by telephone or other means of telecommunication.

(3) The information submitted by telephone or

other means of telecommunication shall include

(

a) a statement of the circumstances that make it

impracticable for the inspector to appear personally before a Provincial Court

judge; and

(

b) a statement of the inspectors grounds for

believing that a person has contravened this Act or the regulations or that entry

onto public or private premises where a contravention of this Act or the

regulations is believed to occur has been denied.

(4) The sworn or affirmed information submitted by

telephone or other means of telecommunication by an inspector shall specify the

name of the person giving evidence, the facts ascertained and the manner and

location in which evidence was received, and a record of that information shall

be filed by the Provincial Court judge with the clerk of the court over which

the judge presides.

(5) Where an inspector acts under the authority of

a warrant obtained under this section, he or she shall provide a facsimile of

the warrant to the owner or employee of the premises at the time the warrant is

carried out.

(6) In subsection (5), "facsimile"

includes a record produced by electronic means or a written record of a

telephone conversation made by both parties to the conversation while it is in

progress and which the parties have confirmed as to its accuracy by reading

their record of the conversation to one another at the end of the conversation.

Administrative

penalties

(1) Where

the minister is of the opinion that a person has committed, as specified by

regulation, a contravention of this Act or the regulations for which an

administrative penalty applies, the minister or a person authorized by the

minister may, in writing, notify that person that he or she is to pay to the

government of the province an administrative penalty in the amount set out in

the notice for each day or part of a day the contravention occurs or continues

to occur.

(2) A person who pays an administrative penalty

with respect to a contravention may not be charged with an offence under this

Act with respect to that contravention.

(3) Where a person fails to pay an administrative

penalty in accordance with a notification under subsection (1), the government

of the province may recover the amount owing in respect of the penalty as a

debt owed to the Crown.

(4) For the purpose of this section, an administrative

penalty is a monetary penalty imposed in accordance with the regulations for a

contravention of this Act.

Ministerial order

20 .

(1) Where the minister believes on reasonable grounds

that an owner or operator of an industrial facility has contravened or will contravene

this Act or the regulations, the minister may, whether or not that person has

been charged or convicted in respect of the contravention, issue an order, in

writing, requiring the owner or operator at that owner or operators own expense,

(

a) stop or

shut down an activity or an undertaking immediately, permanently, or for a

specified time, where, with respect to that activity or undertaking, there has

been a contravention of this Act or the regulations applicable to that activity

or undertaking;

(

b) do all things and take all steps that are

necessary to comply with this Act or the regulations applicable to an approval,

activity or undertaking in accordance with directions set out in the order;

(

c) post a bond or other form of security

acceptable to the minister or pay money to the Crown in an amount that the minister

considers will ensure compliance with an order made under this section; or

(

d) install,

remove, replace or alter equipment, a tank, container or thing designed to

control, contain, reduce or eliminate the release of greenhouse gas into the

environment,

and there shall be served on the owner or operator

a copy of the order and a statement showing the reasons for the making of the

order and upon receipt of the copy and statement, that owner or operator shall

comply with the order.

(2) In

addition to other requirements that may be included in an order issued under

this section, an order may contain provisions

(

a) requiring

a person, at that persons own expense, to

(

i) maintain

records on a relevant matter and report periodically to the minister or a

person appointed by the minister,

(ii) hire an

expert to prepare a report for submission to the minister or a person appointed

by the minister,

(iii) submit to

the minister or a person appointed by the minister, a proposal, plan or

information specified by the minister setting out an action to be taken by the

person,

(iv) prepare and

submit a contingency plan,

(

v) undertake

tests, investigations, surveys and other action and report results of these to

the minister, and

(vi) take

another measure that the minister considers necessary to facilitate compliance

with the order;

(

b) establishing

the manner, method, or procedures to be used in carrying out the measures

required by the order; and

(

c) establishing

a time within which a measure required by the order is to be commenced and the

time within which the measure, order or a portion of the measure or order must

occur.

(3) Where a

stop order is issued under this section, the inspector, minister or other

employee shall, by written notice, not more than 48 hours after issuing that

order, give to the person against whom the order is made reasons for it and

shall immediately forward a copy of the stop order and the notice to the

minister.

(4) The minister may authorize an official,

officer or employee of government to issue, amend, vary, revoke and give

reasons for an order under this section.

Amendment or

revocation of order

(1) The minister may, with respect to an order made

under

section 20,

(

a) amend a

term or condition of, add a term or condition to, or delete a term or condition

from an order;

(

b) revoke an

order; and

(

c) amend a

typographical error in an order.

(2) A copy of

an order amended or revoked under subsection (1) shall be served as required by

this Act on the person to whom the original order was directed and served.

Effects of order

(1) An order made under

section 20 may deal with more

than one greenhouse gas and may be directed to one or more persons.

(2) An order

under

section 20 remains in effect until revoked by the minister.

(3) An order made under

section 20 remains in

effect during an appeal by the person who is subject to the order until a decision

is made with respect to that appeal.

(4) An order

issued under

section 20 is binding on the heirs, successors, executors,

administrators, trustees, receivers, receiver managers and assigns of the

person to whom it is directed.

Compliance

(1) Where an order is served upon the person to whom

it is directed, that person shall comply with the order immediately or, where a

period of compliance is specified in the order, within the time period

specified.

(2) Where a stop order is made under

section 20,

costs and expenses incurred by the owner of the industrial facility for the

stopped undertaking or activity shall not be recoverable from the Crown.

Joint and

individual liability

24 . Where an order under

section 20 is directed to

more than one person, all persons named in the order are jointly and

individually responsible for carrying out the terms of the order.

Protection from

liability

25. A

person is not personally liable for anything done or omitted in good faith in

the exercise or performance, or intended exercise or performance, of a power,

duty or function

(

a) conferred upon him or her by this Act or the

regulations; or

(

b) on behalf of or under the direction of a

person on whom the power, duty or function is conferred by this Act or the regulations,

or for the costs in connection with an

action or proceeding.

Fees and forms

26. The minister may set fees and establish forms for

the purpose and administration of this Act.

Statutory review

27. The

minister shall, every 5 years, conduct a review of this Act and the regulations

and consider the areas which may be improved.

Offence

(1) A

person who contravenes this Act or the regulations or an order made under this

Act or the regulations or who fails to cooperate with an inspector or comply

with an order of an inspector is guilty of an offence and liable, on

summary

conviction,

(

a) for a first offence, to a fine of not less

than $50,000 and not more than $1,000,000 or to imprisonment for a term of not

less than one month or more than 6 months, or to both a fine and imprisonment;

and

(

b) for a second and subsequent offence, to a fine

of not less than $100,000 and not more than $1,500,000 or to imprisonment for a

term of not less than 2 months or more than 6 months, or to both a fine and

imprisonment.

(2) Each contravention of this Act or the

regulations constitutes a new and separate offence.

(3) Where an offence under this Act or the

regulations is committed or continued on more than one day, the person who

committed the offence is liable to be convicted for a separate offence for each

day on which the offence is committed or continued.

(4) For the purpose of subsections (2) and (3), a

conviction for an offence more than one year after the date of the last

previous conviction shall be considered to be a conviction for a first offence.

Ministerial regulations

(1) The

minister may make regulations

(

a) prescribing categories of hydrofluorocarbons

and perfluorocarbons included in the definition of greenhouse gas;

(

b) prescribing additional greenhouse gases

included in the definition of greenhouse gas;

(

c) respecting the monitoring, reporting and

verification of greenhouse gas emissions;

(

d) respecting the disclosure of information under

subsection 10(2);

(

e) prescribing the information to be included in

an annual report and other reports submitted to government;

(

f) prescribing the manner for determining the carbon

dioxide equivalent and the global warming potential for each greenhouse gas;

(

g) prescribing the methodology to be used by

industrial facilities to report

its greenhouse gas emissions;

(

h) respecting the detention and return or other

disposition of a thing seized under a warrant or under a provision of this Act;

and

(

i) defining a word or expression that is not defined

in this Act.

(2) Regulations made under this

section may be

made with retroactive effect.

Lieutenant-Governor

in Council regulations

(1) The

Lieutenant-Governor in Council may make regulations

(

a) prescribing circumstances under which this Act

applies to the Holyrood Generating Station;

(

b) establishing greenhouse gas emission reduction

targets;

(

c) respecting the phasing in of greenhouse gas

emission reduction targets for new industrial facilities and significantly

modified industrial facilities;

(

d) prescribing the manner of calculating the greenhouse

gas emissions levels for industrial facilities;

(

e) exempting industrial facilities from achieving

its annual greenhouse gas emissions reduction target;

(

f) prescribing additional greenhouse gas

reduction credits;

(

g) respecting the manner in which, and the terms

and conditions subject to which, greenhouse gas reduction credits may be

created, calculated, obtained, distributed, exchanged, traded, sold, used,

varied and cancelled;

(

h) authorizing the minister to establish requirements

or limits regarding the use of greenhouse gas reduction credits;

(

i) respecting the creation, operation and management

of one or more public registries;

(

j) respecting the administration and operation of

the fund;

(

k) respecting the appeal process for ministerial

orders;

(

l) prescribing best available

control requirements for greenhouse gas emissions for proposed industrial

facilities and industrial facilities that are proposing significant modifications

to the industrial facility;

(

m) respecting the contravention of sections of

this Act and the regulations for which an administrative penalty may be imposed

and the time and manner in which those penalties may be imposed and collected;

(

n) exempting a person from the operation of all

or part of the regulations made under this Act subject to any terms or conditions

the Lieutenant-Governor in Council considers appropriate for a period not

exceeding one year;

(

o) defining a word or expression that is not defined

in this Act; and

(

p) generally, to give effect to this Act.

(2) Regulations made under this

section may be

made with retroactive effect.

(3) The Lieutenant-Governor in Council may, in addition

to or instead of regulations made under this section, adopt by reference and

constitute as regulations the whole or part of provisions of a code adopted or

standards fixed with or without modification, and including amendments to the

code or standard of an organization acceptable to the Lieutenant-Governor in

Council.

(4) A certificate of the Lieutenant-Governor in Council

that a document is a copy of a code or standard referred to in subsection

(3) or an extract from, a modification of, or an amendment to, a code or standard

is without proof presumptive evidence of the content of that code, standard,

extract or amendment.

Commencement

31. This Act, or a section, subsection, paragraph

or subparagraph of this Act, comes into force on a day or days to be proclaimed

by the Lieutenant-Governor in Council.

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