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Canadian Environmental Protection Act, 1999

Version of section 46 from 2023-06-13 to 2024-05-01:

Marginal note:Notice requiring information

  •  (1) The Minister may, for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person described in the notice to provide the Minister with any information that may be in the possession of that person or to which the person may reasonably be expected to have access, including information regarding the following:

    • (a) substances specified in the plan developed under section 73;

    • (b) substances that have not been determined to be toxic under Part 5 because of the current extent of the environment’s exposure to them, but whose presence in the environment must be monitored if the Minister considers that to be appropriate;

    • (c) substances, including nutrients, that can be released into water or are present in products like water conditioners and cleaning products;

    • (d) substances released, or disposed of, at or into the sea;

    • (e) substances that are toxic under section 64 or that may become toxic;

    • (e.1) products that contain a substance that is toxic under section 64 or that may become toxic, or products that may release such a substance into the environment;

    • (f) substances that may cause or contribute to international or interprovincial pollution of fresh water, salt water or the atmosphere;

    • (g) substances or fuels that may contribute significantly to air pollution;

    • (h) substances that, if released into Canadian waters, cause or may cause damage to fish or to their habitat;

    • (i) substances that, if released into areas of Canada where there are migratory birds, endangered species or other wildlife regulated under any other Act of Parliament, are harmful or capable of causing harm to those birds, species or wildlife;

    • (j) substances that are on the list established under regulations made under subsection 200(1);

    • (k) the release of substances into the environment at any stage of their life-cycle;

    • (k.1) activities that may contribute to pollution;

    • (k.2) hydraulic fracturing;

    • (k.3) tailings ponds;

    • (l) pollution prevention; and

    • (m) use of federal land and of aboriginal land.

  • Marginal note:Other recipient

    (2) The Minister may, in accordance with an agreement signed with a government, require that a person to whom a notice is directed submit the information to the Minister or to that government.

  • Marginal note:Conditions respecting access to information

    (3) An agreement referred to in subsection (2) shall set out conditions respecting access by the Minister or other government to all or part of the information that the person is required to submit and may set out any other conditions respecting the information.

  • Marginal note:Period of notice and date for compliance

    (4) A notice referred to in subsection (1) must indicate the period during which it is in force, which may not exceed three years, and the date or dates within which the person to whom the notice is directed shall comply with the notice.

  • Marginal note:Compliance with notice

    (5) Every person to whom a notice is directed shall comply with the notice.

  • Marginal note:Extension of time

    (6) The Minister may, on request in writing from any person to whom a notice is directed, extend the date or dates within which the person shall comply with the notice.

  • Marginal note:Manner

    (7) The notice must indicate the manner in which the information is to be provided.

  • Marginal note:Preservation of information

    (8) The notice may indicate the period during which, and the location where, the person to whom the notice is directed shall keep copies of the required information, together with any calculations, measurements and other data on which the information is based. The period may not exceed three years from the date the information is required to be submitted to the Minister.

  • 1999, c. 33, s. 46
  • 2023, c. 12, s. 9

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