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Notice of Objection - Minister's Response

Mr. Markusich

Dear Mr. Markusich:

I am responding to your May 30 Notice of Objection, to the proposed Regulations Amending the Gasoline Regulations that were published in the Canada Gazette, Part I, on April 3, 2010.

The provisions of the Canadian Environmental Protection Act, 1999 regarding Notices of Objection (section 332) provide that, within 60 days after the publication of a proposed regulation, any person may file comments with respect to the regulation or a Notice of Objection requesting that a board of review be established, stating the reasons for the objection.

Your Notice of Objection expressly stated that you were requesting that a Board of Review be established.  I have fully and carefully considered the issues identified in your submission in deciding whether or not to establish Board of Review.  The mandate of a Board of Review is to inquire into the nature and extent of the danger posed by the substance in respect of which the regulation is proposed.  In my view, your submission has not provided any new information with respect to the nature and extent of the danger posed by leaded gasoline.  As I am of the view that it is unlikely that any inquiry made by a Board of Review will reveal additional relevant information that had not previously been considered, I am informing you that I will not establish a Board of Review.

Although the exemption for competition vehicles under the Gasoline Regulations has been extended for an indeterminate period, Environment Canada, with the support of Health Canada, will conduct a five-year review and will assess if further action is warranted based on science, technology and fuel replacement developments.  Environment Canada will work collaboratively with the racing industry to encourage a voluntary reduction and phase-out of leaded racing fuel.

I appreciate receiving your comments on this matter.

Please accept my best wishes,

The Honourable Jim Prentice, P.C., Q.C., M.P.

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