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

Act current to 2014-06-12 and last amended on 2014-03-28. Previous Versions

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 the List of Toxic Substances in Schedule 1.

  • Marginal note:Priority

    (1.1) In developing proposed regulations or instruments respecting preventive or control actions in relation to substances specified on the List of Toxic Substances in Schedule 1, the Ministers shall give priority to pollution prevention actions.

  • Marginal note:Deletion from List

    (2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified on the List of Toxic Substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order

    • (a) deleting the substance from the List and deleting the type of regulations specified in the List as being applicable with respect to the substance; and

    • (b) 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 regulation or instrument
  •  (1) Subject to subsections (6) and (7), a proposed regulation or instrument respecting preventive or control actions in relation to a substance shall be published by the Minister in the Canada Gazette 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, is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1.

  • Marginal note:Timeframes in relation to virtual elimination

    (2) A proposed regulation or instrument in respect of preventive or control actions in relation to a substance for which a statement has been published under subsection 77(6) indicating that the measure proposed by the Ministers is the implementation of virtual elimination under subsection 65(3) shall specify the dates on which the preventive or control actions are to take effect.

  • Marginal note:Measurable quantity or concentration

    (3) In establishing the quantity or concentration that is measurable in relation to a substance for the purposes of a proposed regulation or instrument referred to in subsection (2), the Ministers shall take into consideration information concerning sensitive and readily available analytical methods and any relevant information contained in plans referred to in subsection 79(2).

  • Marginal note:Additional measures in relation to virtual elimination

    (4) The Minister shall, where applicable, publish in the Canada Gazette a statement accompanying the proposed regulation or instrument for a substance referred to in subsection (2) describing any additional measures that the Ministers intend to recommend with respect to the implementation of virtual elimination under subsection 65(3) and summarizing their reasons for so intending.

  • Marginal note:Considerations in relation to virtual elimination

    (5) In determining the preventive or control actions in relation to a substance and the dates on which those actions are to take effect that are to be set out in a proposed regulation or instrument referred to in subsection (2), and in determining any additional measures described in a statement published under subsection (4), the Ministers shall take into consideration any factor or information that, in the opinion of the Ministers, is relevant, including, but not limited to,

    • (a) information contained in plans referred to in section 79; and

    • (b) environmental or health risks identified in the summary published under subsection 77(6) and any other relevant social, economic or technical matters.

  • 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.