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

Act current to 2024-05-28 and last amended on 2023-06-22. Previous Versions

PART 5Controlling Toxic Substances (continued)

Substances and Activities New to Canada (continued)

Marginal note:Notification of persons required to comply

  •  (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

  •  (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

  •  (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

 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

  •  (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.

Regulation of Toxic Substances

Marginal note:Addition to list of toxic substances

  •  (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an order adding the substance to Part 1 or 2 of the list of toxic substances in Schedule 1.

  • Marginal note:Priorities

    (1.1) In developing a proposed regulation or instrument respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives for the environment or human health, in relation to a substance specified on the list of toxic substances in Schedule 1, the Ministers shall give priority to pollution prevention actions and, in particular, in the case of a substance specified in Part 1 of the list of toxic substances in that Schedule, to the total, partial or conditional prohibition of activities in relation to the substance or of releases of the substance into the environment.

  • Marginal note:Consideration of factors

    (1.2) For the purposes of subsection (1.1), the Ministers shall, in respect of a substance specified in Part 1 of the list of toxic substances in Schedule 1, consider whether the activity or release can be undertaken in a manner that minimizes or eliminates any harmful effect on the environment or human health and whether there are feasible alternatives to the substance.

  • Marginal note:Deletion from the list of toxic substances

    (2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order deleting the substance from that Part and repealing the regulations made under section 93 with respect to the substance.

  • Marginal note:Order subject to conditions

    (3) Where a board of review is established under section 333 in relation to a substance, no order may be made under subsection (1) or (2) in relation to the substance until the board’s report is received by the Ministers.

Marginal note:Publication of proposed preventive or control actions

  •  (1) Subject to subsections (2), (6) and (7), within two years after the publication of the Ministers’ statement under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, in respect of a substance is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1,

    • (a) the Minister shall publish in the Canada Gazette

      • (i) a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act, other than an instrument that may be made only by the Minister of Health, or

      • (ii) a statement — identifying a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under any other Act of Parliament other than an Act for whose administration the Minister of Health is responsible — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is to be made; or

    • (b) the Minister of Health shall publish in the Canada Gazette

      • (i) an instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made by that Minister under this Act, or

      • (ii) a statement identifying a regulation or instrument respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament for whose administration that Minister is responsible.

  • Marginal note:Exceptions

    (2) Subsection (1) does not apply in respect of

    • (a) a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 in relation to which the measure the Ministers propose to take, as confirmed or amended, is a recommendation that the substance be added to the other Part; or

    • (b) a substance in relation to which a statement has been published under subparagraph 77(6)(c)(ii).

  • (3) [Repealed, 2023, c. 12, s. 30]

  • (4) [Repealed, 2023, c. 12, s. 30]

  • (5) [Repealed, 2023, c. 12, s. 30]

  • Marginal note:Publication of subsequent proposals

    (6) Any proposed regulation or instrument respecting preventive or control actions in relation to a substance that is made after the publication of a proposed regulation or instrument published within the period of two years referred to in subsection (1) shall be published in the Canada Gazette.

  • Marginal note:Suspension of time where board of review

    (7) Where a board of review is established under section 333, the period of two years referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board’s report is received by the Ministers.

Marginal note:Publication of preventive or control actions

  •  (1) Subject to subsection (2), within 18 months after the day on which a proposed regulation or instrument is published under subparagraph 91(1)(a)(i) or (b)(i) or subsection 91(6) or a statement identifying a proposed regulation or instrument is published under subparagraph 91(1)(a)(ii) or (b)(ii), unless a material substantive change is required to be made to that proposed regulation or instrument,

    • (a) a regulation or instrument respecting preventive or control actions in relation to a substance shall be made under this Act and published in the Canada Gazette;

    • (b) the Minister shall publish in the Canada Gazette a statement — identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is made; or

    • (c) the Minister of Health shall publish in the Canada Gazette a statement identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament for whose administration that Minister is responsible.

  • Marginal note:Suspension of time where board of review

    (2) Where a board of review is established under section 333 in relation to a substance, the period of 18 months referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board has submitted its report to the Minister under subsection 340(1).

 

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