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

Marginal note:Regulations

• 93 (1) Subject to subsections (3) and (4), the Governor in Council may, on the recommendation of the Ministers, make regulations with respect to a substance specified on the list of toxic substances in Schedule 1, including regulations providing for, or imposing requirements respecting,

  • (a) the quantity or concentration of the substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;

  • (b) the places or areas where the substance may be released;

  • (c) the commercial, manufacturing or processing activity in the course of which the substance may be released;

  • (d) the manner in which and conditions under which the substance may be released into the environment, either alone or in combination with any other substance;

  • (e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;

  • (f) the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;

  • (g) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;

  • (h) the quantities or concentrations in which the substance may be used;

  • (i) the quantities or concentrations of the substance that may be imported or exported;

  • (j) the countries from or to which the substance may be imported or exported;

  • (k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;

  • (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (m) the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;

  • (n) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, offered for sale or sold in Canada, or that any such product may release into the environment;

  • (o) the manner in which, conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;

  • (p) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;

  • (q) the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (r) the manner, conditions, places and method of disposal of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal sites;

  • (s) the submission to the Minister, on request or at any prescribed times, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (t) the maintenance of books and records for the administration of any regulation made under this section;

  • (u) the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;

  • (v) the submission of samples to the Minister of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (w) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (x) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify

    • (i) any requirement for sampling, analyses, tests, measurements or monitoring, or

    • (ii) the conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and

  • (y) any other matter that by this Part is to be defined or prescribed or that is necessary to carry out the purposes of this Part.

• Definition of sell

  (2) In this section, sell includes, in respect of a substance, the transfer of the physical possession or control of the substance.

• Marginal note:Advice by Committee

  (3) Before a regulation is made under subsection (1), the Minister shall give the Committee an opportunity to advise the Ministers.

• Marginal note:Substances regulated under other Acts of Parliament

  (4) The Governor in Council shall not make a regulation under subsection (1) in respect of a substance if, in the opinion of the Governor in Council, the regulation regulates an aspect of the substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health.

• Marginal note:Powers of Minister

  (5) Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.

• Marginal note:Statutory Instruments Act

  (6) A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.