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

Act current to 2017-11-20 and last amended on 2017-06-02. Previous Versions

Definition of level of quantification

 In section 65, level of quantification means, in respect of a substance, the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods.

General

Marginal note:Domestic Substances List
  •  (1) The Minister shall, for the purposes of sections 73, 74 and 81, maintain a list to be known as the Domestic Substances List, and the List shall specify all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986,

    • (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or

    • (b) in Canadian commerce or used for commercial manufacturing purposes in Canada.

  • Marginal note:Non-domestic Substances List

    (2) The Minister shall, for the purpose of section 81, maintain a list to be known as the Non-domestic Substances List, and the List shall specify substances, other than

    • (a) the substances referred to in subsection (1); and

    • (b) living organisms within the meaning of Part 6.

  • Marginal note:Amendment of Lists

    (3) Where a substance was not included on the Domestic Substances List and the Minister subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were met in respect of the substance, the Minister shall add the substance to the List and, where necessary, delete it from the Non-domestic Substances List.

  • Marginal note:Amendment of Lists

    (4) Where the Minister includes a substance on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were not met in respect of the substance, the Minister shall delete the substance from the List and may add it to the Non-domestic Substances List.

  • Marginal note:Publication of Lists

    (5) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate the Domestic Substances List, the Non-domestic Substances List and any amendments to those Lists.

  • Marginal note:Designation

    (6) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.

Marginal note:Regulation of criteria
  •  (1) The Governor in Council may, on the recommendation of the Ministers, make regulations

    • (a) respecting a property or characteristic of a substance, including, without limiting the generality of the foregoing, persistence and bioaccumulation;

    • (b) prescribing the substances or groups of substances in respect of which the property or characteristic may be applicable;

    • (c) prescribing the conditions under which and the circumstances in which the property or characteristic may be applicable; and

    • (d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic.

  • Marginal note:Condition

    (2) No regulation that is applicable to a mineral or metal may be made under subsection (1) unless, in the opinion of the Ministers, the natural occurrence, properties and characteristics of that mineral or metal in the environment have been taken into consideration.

  • 1999, c. 33, s. 67;
  • 2001, c. 34, s. 28(F).
Marginal note:Research, investigation and evaluation

 For the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1, either Minister may

  • (a) collect or generate data and conduct investigations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing,

    • (i) whether short-term exposure to the substance causes significant effects,

    • (ii) the potential of organisms in the environment to be widely exposed to the substance,

    • (iii) whether organisms are exposed to the substance via multiple pathways,

    • (iv) the ability of the substance to cause a reduction in metabolic functions of an organism,

    • (v) the ability of the substance to cause delayed or latent effects over the lifetime of an organism,

    • (vi) the ability of the substance to cause reproductive or survival impairment of an organism,

    • (vii) whether exposure to the substance has the potential to contribute to population failure of a species,

    • (viii) the ability of the substance to cause transgenerational effects,

    • (ix) quantities, uses and disposal of the substance,

    • (x) the manner in which the substance is released into the environment,

    • (xi) the extent to which the substance can be dispersed and will persist in the environment,

    • (xii) the development and use of alternatives to the substance,

    • (xiii) methods of controlling the presence of the substance in the environment, and

    • (xiv) methods of reducing the quantity of the substance used or produced or the quantities or concentration of the substance released into the environment;

  • (b) correlate and evaluate any data collected or generated under paragraph (a) and publish results of any investigations carried out under that paragraph; and

  • (c) provide information and make recommendations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing, measures to control the presence of the substance in the environment.

Marginal note:Formulation of guidelines by the Ministers
  •  (1) Either Minister or both Ministers, as the case may be, may issue guidelines for the purposes of the interpretation and application of the provisions of this Part for which they have responsibility.

  • Marginal note:Consultation

    (2) In exercising the powers under subsection (1), either Minister or both Ministers shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in assessing and controlling toxic substances.

  • Marginal note:Saving

    (2.1) Nothing in subsection (2) shall prevent the Minister from exercising the powers under subsection (1) at any time after the sixtieth day following the day an offer is made under subsection (2).

  • Marginal note:Guidelines public

    (3) Guidelines issued under this section shall be made available to the public, and the Minister who issued the guidelines shall give notice of them in the Canada Gazette and in any other manner that the Minister considers appropriate.

Information Gathering

Marginal note:Notice to the Minister

 Where a person

  • (a) imports, manufactures, transports, processes or distributes a substance for commercial purposes, or

  • (b) uses a substance in a commercial manufacturing or processing activity,

and obtains information that reasonably supports the conclusion that the substance is toxic or is capable of becoming toxic, the person shall without delay provide the information to the Minister unless the person has actual knowledge that either Minister already has the information.

Marginal note:Notice requiring information, samples or testing
  •  (1) The Minister may, for the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1,

    • (a) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance to notify the Minister that the person is or was during that period engaged in that activity;

    • (b) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice to provide the Minister with any information and samples referred to in subsection (2) that may be in the person’s possession or to which the person may reasonably be expected to have access; and

    • (c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or any product containing the substance requiring the person to conduct toxicological and other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.

  • Marginal note:Contents of notice

    (2) A notice sent under paragraph (1)(b) may require any information and samples, including

    • (a) in respect of a substance, available toxicological information, available monitoring information, samples of the substance and information on the quantities, composition, uses and distribution of the substance and products containing the substance; and

    • (b) in respect of a work, undertaking or activity, plans, specifications, studies and information on procedures.

  • Marginal note:Compliance with notice

    (3) Every person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent shall comply with the notice within the time specified in the notice.

  • Marginal note:Extension of time

    (4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in paragraph (1)(a), (b) or (c) has been sent, extend the time or times within which the person shall comply with the notice.

  • 1999, c. 33, s. 71;
  • 2001, c. 34, s. 29(F).
 
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