Canadian Environmental Protection Act, 1999

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).