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Canadian Environmental Protection Act, 1999

Version of section 91 from 2023-06-13 to 2024-05-01:


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  • (3) [Repealed, 2023, c. 12, s. 30]

  • (4) [Repealed, 2023, c. 12, s. 30]

  • (5) [Repealed, 2023, c. 12, s. 30]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

  • 1999, c. 33, s. 91
  • 2017, c. 26, s. 63(E)
  • 2023, c. 12, s. 30

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