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

Act current to 2016-08-01 and last amended on 2016-06-17. Previous Versions

Marginal note:Publication of masked name

 Where the publication under this Part of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of section 314, the substance shall be identified by a name determined in the prescribed manner.

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

    • (a) respecting substances or establishing groups of substances for the purposes of the provision of information under section 81 or 82, including groups of inanimate biotechnology products, polymers, research and development substances and substances manufactured only for export;

    • (b) prescribing maximum exempt quantities for the purpose of paragraph 81(6)(e);

    • (c) respecting the information to be provided to the Minister under subsection 81(1), (2), (3) or (4) or section 82;

    • (d) prescribing dates on or before which information shall be provided under subsection 81(1), (2), (3) or (4);

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

    • (f) prescribing the purpose for which a substance must be used so as to permit the waiver of information requirements under subsection 81(8);

    • (g) prescribing periods within which the Ministers shall assess information under subsection 83(1);

    • (h) respecting the conditions, test procedures and laboratory practices to be followed in developing test data on a substance in order to comply with the information requirements of section 81 or 82 or requests for information under paragraph 84(1)(c);

    • (i) prescribing quantities for the purpose of section 87;

    • (i.1) prescribing information that shall be provided to the Minister under subsection 87(5);

    • (j) prescribing the manner of determining a name for a substance for the purpose of section 88; and

    • (k) generally for carrying out the purposes and provisions of sections 66 and 80 to 88.

  • Marginal note:Prescribed assessment period

    (2) For the purposes of sections 81 and 83, where no assessment period is prescribed or specified with respect to a substance, the prescribed assessment period is 90 days after the Minister is provided with the prescribed information.

  • Marginal note:Prescription of quantities

    (3) Regulations made under paragraph (1)(b) or (i) may prescribe quantities in respect of a substance in terms of

    • (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a); or

    • (b) the purposes for which the substance is manufactured or imported.

  • Marginal note:Prescription of information and assessment periods

    (4) Regulations made under paragraph (1)(c), (d) or (g) may prescribe information, dates or periods in respect of a substance in terms of

    • (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a);

    • (b) the purposes for which the substance is manufactured or imported; or

    • (c) the quantity in which the substance is manufactured or imported.

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.

Marginal note:Publication of preventive or control actions
  •  (1) Subject to subsection (2), any regulation or instrument respecting preventive or control actions in relation to a substance shall be made and published in the Canada Gazette within 18 months after the publication of the proposed regulation or instrument under subsection 91(1) or (6), unless a material substantive change is required to be made to it.

  • Marginal note:Suspension of time where board of review

    (2) Where a board of review is established under section 333 in relation to a substance, the period of 18 months referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board has submitted its report to the Minister under subsection 340(1).

 
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