Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Action to be taken after assessment

• 84 (1) Where the Ministers have assessed any information under section 83 and they suspect that a substance is toxic or capable of becoming toxic, the Minister may, before the expiry of the period for assessing the information,

  • (a) permit any person to manufacture or import the substance, subject to any conditions that the Ministers may specify;

  • (b) prohibit any person from manufacturing or importing the substance; or

  • (c) request any person to provide any additional information or submit the results of any testing that the Ministers consider necessary for the purpose of assessing whether the substance is toxic or capable of becoming toxic.

• Marginal note:Additional information or testing

  (2) Where the Minister requests additional information or test results under paragraph (1)(c), the person to whom the request is directed shall not manufacture or import the substance unless

  • (a) the person provides the additional information or submits the test results; and

  • (b) the period for assessing information under section 83 has expired or a period of 90 days after the additional information or test results were provided has expired, whichever is later.

• Marginal note:Variation of conditions and prohibitions

  (3) The Minister may vary or rescind a condition or prohibition specified or imposed under paragraph (1)(a) or (b).

• Marginal note:Expiry of prohibition

  (4) Any prohibition on the manufacture or importation of a substance imposed under paragraph (1)(b) expires two years after the day on which it is imposed unless, before the expiry of the two years, there is published in the Canada Gazette

  • (a) a regulation respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act; or

  • (b) a statement, identifying a regulation respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament,

    • (i) made jointly by the Minister and the Minister responsible for the administration of the Act of Parliament under which the regulation is to be made, if the Act is not an Act referred to in subparagraph (ii), or

    • (ii) made by the Minister of Health, if the Act of Parliament is one for whose administration that Minister is responsible.

  If such a proposed regulation — or such a statement identifying a proposed regulation — is so published, the prohibition expires on the day on which the regulation comes into force.

• Marginal note:Publication of conditions and prohibitions

  (5) Where the Minister specifies, imposes, varies or rescinds any condition for or prohibition on the manufacture or importation of a substance, the Minister shall publish in the Canada Gazette a notice setting out the condition or prohibition and the substance in respect of which it applies.

Marginal note:Significant new activity

• 85 (1) Where the Ministers have assessed any information under section 83 in respect of a substance that is not on the Domestic Substances List and they suspect that a significant new activity in relation to the substance may result in the substance becoming toxic, the Minister may, within 90 days after the expiry of the period for assessing the information, publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice indicating that subsection 81(4) applies with respect to the substance.

• Marginal note:Contents of notice

  (2) A notice referred to in subsection (1)

  • (a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to which subsection 81(4) is to apply and, if regulations in respect of those significant new activities are not made under paragraphs 89(1)(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 83; and

  • (b) may specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to the substance.

• Marginal note:Classes of persons

  (3) The Minister may, by notice published in the Canada Gazette, specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to a substance for which a notice was published under subsection (1), if no such class was specified in that notice.

• Marginal note:Subsequent notice

  (4) The Minister may, by notice published in the Canada Gazette,

  • (a) vary the significant new activities in relation to a substance for which a notice has been published under subsection (1) or vary the information to be provided to the Minister under subsection 81(4), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;

  • (b) indicate that subsection 81(4) no longer applies with respect to the substance;

  • (c) vary the classes of persons, if any, that are specified for the purpose of subsection 86(2) in a notice published under subsection (1) or (3); or

  • (d) indicate that a class of persons is no longer specified for the purpose of subsection 86(2).

Marginal note:Notification of persons required to comply

• 86 (1) Where a notice is published in the Canada Gazette under subsection 85(1) in respect of a substance, every person who transfers the physical possession or control of the substance shall notify all persons to whom the possession or control is transferred of the obligation to comply with subsection 81(4).

• Marginal note:Exception

  (2) A person who is within a class of persons that is specified in a notice published under subsection 85(1) or (3) — or, if the class is varied by a notice published under subsection 85(4), within the class as varied — is not required to be notified under subsection (1) with respect to the substance to which the notice relates.

Marginal note:Amendment of Lists

• 87 (1) The Minister shall add a substance to the Domestic Substances List and, if it appears on the Non-domestic Substances List, delete it from that List, within 120 days after the following conditions are met:

  • (a) the Minister has been provided with information in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1);

  • (b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of

    • (i) 1 000 kg in any calendar year,

    • (ii) an accumulated total of 5 000 kg, or

    • (iii) the quantity prescribed for the purposes of this section; and

  • (c) the period for assessing the information under section 83 has expired; and

  • (d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.

• Marginal note:Amendment of Lists

  (2) Where the Minister adds a substance to the Domestic Substances List and subsequently learns that the substance was not manufactured or imported as described in subsection (1), the Minister shall delete the substance from the Domestic Substances List, and if it has been deleted from the Non-domestic Substances List, the Minister shall add it to that List.

• Marginal note:Significant new activity

  (3) If a substance is on the Domestic Substances List or is to be added to the List under subsection (1) or 66.1(1), the Minister may amend the List to indicate that subsection 81(3) applies with respect to the substance.

• Marginal note:Contents of amendment

  (4) An amendment referred to in subsection (3)

  • (a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to which subsection 81(3) is to apply and, if regulations in respect of those significant new activities are not made under paragraphs 89(1)(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 83; and

  • (b) may specify for the purpose of subsection 87.1(2) classes of persons who are not required to be notified under subsection 87.1(1) with respect to the substance.

• Marginal note:Subsequent amendment

  (4.1) The Minister may amend the Domestic Substances List in respect of a substance with respect to which subsection 81(3) applies

  • (a) to vary the significant new activities in relation to the substance or vary the information to be provided to the Minister under subsection 81(3), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;

  • (b) to indicate that subsection 81(3) no longer applies;

  • (c) to specify classes of persons for the purpose of subsection 87.1(2), if no such classes are specified with respect to the substance;

  • (d) to vary the classes of persons, if any, that are specified for the purpose of subsection 87.1(2); or

  • (e) to delete any class of persons that is specified for the purpose of subsection 87.1(2).

• Marginal note:Amendments of Lists

  (5) Despite subsection (1), the Minister shall add a substance to the Domestic Substances List and, if it appears on the Non-Domestic Substances List, delete it from that List, within 120 days after the following conditions are met:

  • (a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information;

  • (b) the period for assessing the information under section 83 has expired; and

  • (c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.

Marginal note:Notification of persons required to comply

• 87.1 (1) If a substance is specified on the Domestic Substances List with an indication that subsection 81(3) applies with respect to the substance, every person who transfers the physical possession or control of the substance shall notify all persons to whom the possession or control is transferred of the obligation to comply with that subsection.

• Marginal note:Exception

  (2) A person is not required to be notified under subsection (1) with respect to a substance if they are within a class of persons that is specified on the Domestic Substances List in respect of the substance for the purpose of this subsection.

Marginal note:Publication of masked name

88 Where the publication under this Part of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of section 314, the substance shall be identified by a name determined in the prescribed manner.

Marginal note:Regulations

• 89 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations

  • (a) respecting substances or establishing groups of substances for the purposes of the provision of information under section 81 or 82, including groups of inanimate biotechnology products, polymers, research and development substances and substances manufactured only for export;

  • (b) prescribing maximum exempt quantities for the purpose of paragraph 81(6)(e);

  • (c) respecting the information to be provided to the Minister under subsection 81(1), (3) or (4) or section 82;

  • (d) prescribing dates on or before which information shall be provided under subsection 81(1), (3) or (4);

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

  • (f) prescribing the purpose for which a substance must be used so as to permit the waiver of information requirements under subsection 81(8);

  • (g) prescribing periods within which the Ministers shall assess information under subsection 83(1);

  • (h) respecting the conditions, test procedures and laboratory practices to be followed in developing test data on a substance in order to comply with the information requirements of section 81 or 82 or requests for information under paragraph 84(1)(c);

  • (i) prescribing quantities for the purpose of section 87;

  • (i.1) prescribing information that shall be provided to the Minister under subsection 87(5);

  • (j) prescribing the manner of determining a name for a substance for the purpose of section 88; and

  • (k) generally for carrying out the purposes and provisions of sections 66 to 66.2 and 80 to 88.

• Marginal note:Prescribed assessment period

  (2) For the purposes of sections 81 and 83, where no assessment period is prescribed or specified with respect to a substance, the prescribed assessment period is 90 days after the Minister is provided with the prescribed information.

• Marginal note:Prescription of quantities

  (3) Regulations made under paragraph (1)(b) or (i) may prescribe quantities in respect of a substance in terms of

  • (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a); or

  • (b) the purposes for which the substance is manufactured or imported.

• Marginal note:Prescription of information and assessment periods

  (4) Regulations made under paragraph (1)(c), (d) or (g) may prescribe information, dates or periods in respect of a substance in terms of

  • (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a);

  • (b) the purposes for which the substance is manufactured or imported; or

  • (c) the quantity in which the substance is manufactured or imported.