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

Marginal note:Report to Parliament

74 The Ministers shall include in the annual report required by section 342 a report on the progress made in assessing the substances specified in the plan developed under section 73 and in respect of any activities or initiatives specified in the plan.

Definition of jurisdiction

• 75 (1) In this section, jurisdiction means

  • (a) a government in Canada; or

  • (b) the government of a foreign state or of a subdivision of a foreign state that is a member of the Organization for Economic Co-operation and Development.

• Marginal note:Procedures for exchange of information with other jurisdictions

  (2) The Minister shall, to the extent possible, cooperate and develop procedures with jurisdictions, other than the Government of Canada, to exchange information respecting substances that are specifically prohibited or substantially restricted by or under the legislation of those jurisdictions for environmental or health reasons.

• Marginal note:Review of decisions of other jurisdictions

  (3) Where the Minister is notified in accordance with procedures developed under subsection (2) of a decision to specifically prohibit or substantially restrict any substance by or under the legislation of another jurisdiction for environmental or health reasons, the Ministers shall review the decision in order to determine whether the substance is toxic or capable of becoming toxic, unless the decision relates to a substance the only use of which in Canada is regulated under another Act of Parliament that provides for environmental and health protection.

Marginal note:List of substances capable of becoming toxic

• 75.1 (1) The Minister shall compile and may amend from time to time a list that specifies substances that the Ministers have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic.

• Marginal note:Additional information

  (2) The List may include information regarding a substance specified on the List, including an indication that

  • (a) the substance is specified on the Domestic Substances List with an indication that subsection 81(3) or 106(3) applies with respect to the substance; or

  • (b) the Minister has published a notice in the Canada Gazette indicating that subsection 81(4) or 106(4) applies with respect to the substance.

• Marginal note:Deletion of item

  (3) The Minister shall delete a substance from the List, as well as any information regarding the substance that is specified on the List, if

  • (a) an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1; or

  • (b) the Ministers no longer have reason to suspect that the substance is capable of becoming toxic.

• Marginal note:Publication

  (4) The Minister shall publish the List and any amendments to it in the Environmental Registry and in any other manner that the Minister considers appropriate.

• Marginal note:Statutory Instruments Act

  (5) The List is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

Marginal note:Request to assess substance

• 76 (1) Any person may file in writing with the Minister a request that the Ministers assess a substance to determine whether it is toxic or capable of becoming toxic.

• Marginal note:Consideration of request

  (2) The Ministers shall consider the request and decide whether to add the substance to the plan developed under section 73 or deny the request.

• Marginal note:Notification of decision

  (2.1) Within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of the decision, how the Ministers intend to deal with it and the reasons for dealing with it in that manner.

• Marginal note:Form and manner

  (3) A request shall be filed in the form and manner and shall contain the information specified by the Minister.

Marginal note:Weight of evidence and precautionary principle

• 76.1 (1) The Ministers shall apply a weight of evidence approach and the precautionary principle when they are conducting and interpreting the results of

  • (a) an assessment conducted under this Part, other than under section 83, in order to determine whether a substance is toxic or capable of becoming toxic; or

  • (b) a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada.

• Marginal note:Vulnerable population and cumulative effects

  (2) When the Ministers are conducting and interpreting the results of an assessment or review referred to in subsection (1), they shall consider available information on any vulnerable population or environment in relation to the substance and on the cumulative effects on human health and the environment that may result from exposure to the substance in combination with exposure to other substances.

Marginal note:Publication after assessment or review

• 77 (1) If the Ministers have conducted an assessment under this Part, other than under section 83, to determine whether a substance is toxic or capable of becoming toxic or a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, the Ministers shall publish in the Canada Gazette, and either Minister may publish in any other manner that that Minister considers appropriate,

  • (a) a statement indicating one of the measures referred to in subsection (2) that the Ministers propose to take and a summary of the scientific considerations on the basis of which the measure is proposed; and

  • (b) if the measure is one referred to in paragraph (2)(c) or (d) and the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.

• Marginal note:Proposed measures

  (2) Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:

  • (a) taking no further action in respect of the substance;

  • (b) unless the substance is already on the List referred to in section 75.1, adding the substance to that List;

  • (c) recommending that the substance be added to Part 1 of the list of toxic substances in Schedule 1; or

  • (d) recommending that the substance be added to Part 2 of the list of toxic substances in Schedule 1.

• Marginal note:Mandatory proposal

  (3) The Ministers shall propose to take the measure referred to in paragraph (2)(c) if the substance is determined to be toxic and the Ministers are satisfied that

  • (a) the substance may have a long-term harmful effect on the environment and

    • (i) is inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies,

    • (ii) is persistent and bioaccumulative in accordance with the regulations,

    • (iii) is present in the environment primarily as a result of human activity, and

    • (iv) is not a naturally occurring radionuclide or a naturally occurring inorganic substance;

  • (b) the substance may constitute a danger in Canada to human life or health and is, in accordance with the regulations, carcinogenic, mutagenic or toxic for reproduction; or

  • (c) the substance is, in accordance with the regulations, a substance that poses the highest risk.

• (4) [Repealed, 2023, c. 12, s. 21]

• Marginal note:Scientific consultation

  (5) Any person may, within 60 days after publication of the statement referred to in subsection (1), file with the Minister written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed.

• Marginal note:Publication of final decision

  (6) After taking into consideration in an expeditious manner the comments filed under subsection (5), the Ministers shall publish in the Canada Gazette

  • (a) a summary of the assessment or of the review, as the case may be, referred to in subsection (1);

  • (b) a statement indicating the measure that the Ministers propose to take; and

  • (c) if the measure is one referred to in paragraph (2)(c) or (d),

    • (i) a statement indicating the manner in which a proposed regulation or instrument respecting preventive or control actions in relation to the substance is to be developed under this or any other Act of Parliament, or

    • (ii) if the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.

• Marginal note:Exemption

  (7) If the Ministers publish a statement under paragraph (6)(b) in respect of a substance already specified on the list of toxic substances in Schedule 1, paragraph (6)(c) does not apply.

• Marginal note:Delay — publication of final decision

  (8) If more than two years have elapsed after the publication of a statement under paragraph (1)(a) without the Ministers having published a statement under paragraph (6)(b), the Minister shall publish in the Environmental Registry a statement made jointly by the Ministers indicating the reasons for the delay and an estimated time frame within which the statement under paragraph (6)(b) is to be published.

• Marginal note:Recommendation to Governor in Council

  (9) When the Ministers publish a statement under paragraph (6)(b) indicating that the measure that they propose to take is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, the Ministers shall make a recommendation for an order under subsection 90(1), and, if the substance is already specified in the other Part, the Ministers shall make a recommendation for an order under subsection 90(2).

Marginal note:Subsequent regulations or instruments

• 78 (1) If the Ministers publish a statement under subparagraph 77(6)(c)(i) indicating that more than one proposed regulation or instrument respecting preventive or control actions in relation to a substance is to be developed, the Minister shall, when the first regulation or instrument respecting preventive or control actions in relation to the substance is published under paragraph 92(1)(a) or a statement identifying the first such regulation or instrument is published under paragraph 92(1)(b) or (c), as the case may be, publish in the Environmental Registry and in any other manner that the Minister considers appropriate a statement respecting the development of the subsequent proposed regulations or instruments that specifies, to the extent possible, an estimated time frame within which those proposed regulations or instruments are to be developed.

• Marginal note:Amendments to statement

  (2) If the Ministers amend the statement respecting the development of the subsequent proposed regulations or instruments, the Minister shall publish that statement as amended and the reasons for the amendment in the Environmental Registry and in any other manner that the Minister considers appropriate.

• Marginal note:Progress report

  (3) The Minister shall include in the annual report required by section 342 a report on the progress made in developing any subsequent proposed regulations or instruments.

• Marginal note:Update on estimated timelines

  (4) The report on progress referred to in subsection (3) shall include an update on estimated timelines and reasons for any delay.

79 [Repealed, 2023, c. 12, s. 22]

Substances and Activities New to Canada

Marginal note:Definitions

80 The definitions in this section apply in sections 81 to 89.

significant new activity

significant new activity includes, in respect of a substance, any activity that results in or may result in

• (a) the entry or release of the substance into the environment in a quantity or concentration that, in the Ministers’ opinion, is significantly greater than the quantity or concentration of the substance that previously entered or was released into the environment; or

• (b) the entry or release of the substance into the environment or the exposure or potential exposure of the environment to the substance in a manner and circumstances that, in the Ministers’ opinion, are significantly different from the manner and circumstances in which the substance previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the substance. (nouvelle activité)

substance

substance means a substance other than a living organism within the meaning of Part 6. (substance)

Marginal note:Manufacture or import of substances

• 81 (1) Where a substance is not specified on the Domestic Substances List, no person shall manufacture or import the substance unless

  • (a) the prescribed information with respect to the substance has been provided by the person to the Minister accompanied by the prescribed fee, on or before the prescribed date; and

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

• (2) [Repealed, 2017, c. 26, s. 23]

• Marginal note:Notification of significant new activity in respect of substance on List

  (3) Where a substance is specified on the Domestic Substances List with an indication that this subsection applies with respect to the substance, no person shall use, manufacture or import the substance for a significant new activity that is indicated on the List with respect to the substance unless

  • (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and

  • (b) the period for assessing the information specified by the Minister or provided under section 83 has expired.

• Marginal note:Notification of significant new activity in respect of substance not on List

  (4) Where a substance is not specified on the Domestic Substances List and the Minister publishes a notice in the Canada Gazette indicating that this subsection applies with respect to the substance, no person shall use the substance for a significant new activity that is indicated in the notice unless

  • (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and

  • (b) the period for assessing the information specified by the Minister or provided under section 83 has expired.

• Marginal note:Transfer of rights in respect of substance

  (5) Where prescribed information with respect to a substance has been provided under subsection (1), (3) or (4) by a person who subsequently transfers the right or privilege in relation to the substance for which the information was provided, the information is, subject to any conditions that may be prescribed, deemed to have been provided by the transferee of that right or privilege.

• Marginal note:Application

  (6) Subsections (1), (3) and (4) do not apply to

  • (a) a substance that is manufactured or imported for a use that is regulated under any other Act of Parliament that provides for notice to be given before the manufacture, import or sale of the substance and for an assessment of whether it is toxic or capable of becoming toxic;

  • (b) transient reaction intermediates that are not isolated and are not likely to be released into the environment;

  • (c) impurities, contaminants and partially unreacted materials the formation of which is related to the preparation of a substance;

  • (d) substances produced when a substance undergoes a chemical reaction that is incidental to the use to which the substance is put or that results from storage or from environmental factors; or

  • (e) a substance that is manufactured, used or imported in a quantity that does not exceed the maximum quantity prescribed as exempt from this section.

• Marginal note:Governor in Council may amend Schedule 2

  (7) For the purposes of the administration of this section, the Governor in Council has the exclusive responsibility for determining whether or not the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, and

  • (a) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, the Governor in Council may by order add to Schedule 2 the name of that Act or those regulations, as the case may be, and the fact that an Act or regulations are listed in Schedule 2 is conclusive proof that the requirements referred to in paragraph (6)(a) are met; and

  • (b) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are no longer met by or under an Act of Parliament, or regulations, listed in Schedule 2, the Governor in Council may by order delete from Schedule 2 the name of that Act or those regulations, as the case may be.

• Marginal note:Waiver of information requirements

  (8) On the request of any person to whom subsection (1), (3) or (4) applies, the Minister may waive any of the requirements to provide information under that subsection if

  • (a) in the opinion of the Ministers, the information is not needed in order to determine whether the substance is toxic or capable of becoming toxic;

  • (b) the substance is to be used for a prescribed purpose or manufactured at a location where, in the opinion of the Ministers, the person requesting the waiver is able to contain the substance so as to satisfactorily protect the environment and human health; or

  • (c) it is not, in the opinion of the Ministers, practicable or feasible to obtain the test data necessary to generate the information.

• Marginal note:Publication of notice of waiver

  (9) The Minister shall publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.

• Marginal note:Compliance with waiver

  (10) Where the Minister waives any of the requirements for information under paragraph (8)(b), the person to whom the waiver is granted shall not use, manufacture or import the substance unless it is for the purpose prescribed pursuant to regulations made under paragraph 89(1)(f) or at the location specified in the request for the waiver, as the case may be.

• Marginal note:Correction of information

  (11) A person who has provided information under this section, including for the purposes of a request for a waiver under subsection (8), or under section 82 or 84 shall notify the Minister of any corrections to the information as soon as possible after learning of them.

• Marginal note:Request for information previously waived

  (12) Where the Minister is notified of any corrections to information that was provided for the purposes of a request for a waiver under subsection (8), the Minister may, after consideration by the Ministers of the corrections, require the person to whom the waiver was granted to provide the Minister with the information to which the waiver related within the time specified by the Minister.

• Marginal note:Application of section 84

  (13) Where the Ministers suspect, after considering

  • (a) any corrections received under subsection (11), or

  • (b) the information provided under subsection (12),

  that a substance is toxic or capable of becoming toxic, the Minister may exercise any of the powers referred to in paragraphs 84(1)(a) to (c).

• Marginal note:Notification of excess quantity

  (14) Where a person manufactures or imports a substance in accordance with this section in excess of any quantity referred to in paragraph 87(1)(b), the person shall, within 30 days after the quantity is exceeded, notify the Minister that it has been exceeded.