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

Act current to 2014-07-22 and last amended on 2014-03-28. Previous Versions

Substances and Activities New to Canada

Marginal note:Definitions

 The definitions in this section apply in sections 81 to 89.

“significant new activity”

« nouvelle activité »

“significant new activity” includes, in respect of a substance, any activity that results in or may result in

  • (a) the entry or release of the substance into the environment in a quantity or concentration that, in the Ministers’ opinion, is significantly greater than the quantity or concentration of the substance that previously entered or was released into the environment; or

  • (b) the entry or release of the substance into the environment or the exposure or potential exposure of the environment to the substance in a manner and circumstances that, in the Ministers’ opinion, are significantly different from the manner and circumstances in which the substance previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the substance.

“substance”

« substance »

“substance” means a substance other than a living organism within the meaning of Part 6.

Marginal note:Manufacture or import of substances
  •  (1) Where a substance is not specified on the Domestic Substances List and subsection (2) does not apply, no person shall manufacture or import the substance unless

    • (a) the prescribed information with respect to the substance has been provided by the person to the Minister accompanied by the prescribed fee, on or before the prescribed date; and

    • (b) the period for assessing the information under section 83 has expired.

  • Marginal note:Transitional provisions

    (2) Where a person has, between January 1, 1987 and June 30, 1994, manufactured or imported a substance that is not specified on the Domestic Substances List, no person shall manufacture or import the substance after June 30, 1994 unless, within 180 days after that date or on or before the prescribed date, the prescribed information has been provided to the Minister with respect to the substance by that person.

  • Marginal note:Notification of significant new activity in respect of substance on List

    (3) Where a substance is specified on the Domestic Substances List with an indication that this subsection applies with respect to the substance, no person shall use, manufacture or import the substance for a significant new activity that is indicated on the List with respect to the substance unless

    • (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and

    • (b) the period for assessing the information specified by the Minister or provided under section 83 has expired.

  • Marginal note:Notification of significant new activity in respect of substance not on List

    (4) Where a substance is not specified on the Domestic Substances List and the Minister publishes a notice in the Canada Gazette indicating that this subsection applies with respect to the substance, no person shall use the substance for a significant new activity that is indicated in the notice unless

    • (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and

    • (b) the period for assessing the information specified by the Minister or provided under section 83 has expired.

  • Marginal note:Transfer of rights in respect of substance

    (5) Where prescribed information with respect to a substance has been provided under subsection (1), (2), (3) or (4) by a person who subsequently transfers the right or privilege in relation to the substance for which the information was provided, the information is, subject to any conditions that may be prescribed, deemed to have been provided by the transferee of that right or privilege.

  • Marginal note:Application

    (6) Subsections (1) to (4) do not apply to

    • (a) a substance that is manufactured or imported for a use that is regulated under any other Act of Parliament that provides for notice to be given before the manufacture, import or sale of the substance and for an assessment of whether it is toxic or capable of becoming toxic;

    • (b) transient reaction intermediates that are not isolated and are not likely to be released into the environment;

    • (c) impurities, contaminants and partially unreacted materials the formation of which is related to the preparation of a substance;

    • (d) substances produced when a substance undergoes a chemical reaction that is incidental to the use to which the substance is put or that results from storage or from environmental factors; or

    • (e) a substance that is manufactured, used or imported in a quantity that does not exceed the maximum quantity prescribed as exempt from this section.

  • Marginal note:Governor in Council may amend Schedule 2

    (7) For the purposes of the administration of this section, the Governor in Council has the exclusive responsibility for determining whether or not the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, and

    • (a) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, the Governor in Council may by order add to Schedule 2 the name of that Act or those regulations, as the case may be, and the fact that an Act or regulations are listed in Schedule 2 is conclusive proof that the requirements referred to in paragraph (6)(a) are met; and

    • (b) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are no longer met by or under an Act of Parliament, or regulations, listed in Schedule 2, the Governor in Council may by order delete from Schedule 2 the name of that Act or those regulations, as the case may be.

  • Marginal note:Waiver of information requirements

    (8) On the request of any person to whom subsection (1), (2), (3) or (4) applies, the Minister may waive any of the requirements to provide information under that subsection if

    • (a) in the opinion of the Ministers, the information is not needed in order to determine whether the substance is toxic or capable of becoming toxic;

    • (b) the substance is to be used for a prescribed purpose or manufactured at a location where, in the opinion of the Ministers, the person requesting the waiver is able to contain the substance so as to satisfactorily protect the environment and human health; or

    • (c) it is not, in the opinion of the Ministers, practicable or feasible to obtain the test data necessary to generate the information.

  • Marginal note:Publication of notice of waiver

    (9) The Minister shall publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.

  • Marginal note:Compliance with waiver

    (10) Where the Minister waives any of the requirements for information under paragraph (8)(b), the person to whom the waiver is granted shall not use, manufacture or import the substance unless it is for the purpose prescribed pursuant to regulations made under paragraph 89(1)(f) or at the location specified in the request for the waiver, as the case may be.

  • Marginal note:Correction of information

    (11) A person who has provided information under this section, including for the purposes of a request for a waiver under subsection (8), or under section 82 or 84 shall notify the Minister of any corrections to the information as soon as possible after learning of them.

  • Marginal note:Request for information previously waived

    (12) Where the Minister is notified of any corrections to information that was provided for the purposes of a request for a waiver under subsection (8), the Minister may, after consideration by the Ministers of the corrections, require the person to whom the waiver was granted to provide the Minister with the information to which the waiver related within the time specified by the Minister.

  • Marginal note:Application of section 84

    (13) Where the Ministers suspect, after considering

    • (a) any corrections received under subsection (11), or

    • (b) the information provided under subsection (12),

    that a substance is toxic or capable of becoming toxic, the Minister may exercise any of the powers referred to in paragraphs 84(1)(a) to (c).

  • Marginal note:Notification of excess quantity

    (14) Where a person manufactures or imports a substance in accordance with this section in excess of any quantity referred to in paragraph 87(1)(b), the person shall, within 30 days after the quantity is exceeded, notify the Minister that it has been exceeded.