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

Marginal note:Remedial measures

99. Where, in respect of a substance or a product containing a substance, there is a contravention of this Part or any regulation made under this Part, the Minister may, in writing,

• (a) direct any manufacturer, processor, importer, retailer or distributor of the substance or product to take any or all of the following measures:

  • (i) give public notice in a manner directed by the Minister of any danger to the environment or to human life or health posed by the substance or product,

  • (ii) mail a notice as described in subparagraph (i) to every manufacturer, processor, distributor or retailer of the substance or product, or

  • (iii) mail a notice as described in subparagraph (i) to every person to whom the substance or product is known to have been delivered or sold; and

• (b) direct any manufacturer, processor, distributor, importer or retailer of the substance or product to take any or all of the following measures:

  • (i) replace the substance or product with one that does not pose a danger to the environment or to human life or health,

  • (ii) accept the return of the substance or product from the purchaser and refund the purchase price, or

  • (iii) any other measures for the protection of the environment or of human life or health.

Marginal note:Export Control List

100. The Ministers may, by order,

• (a) add to Part 1 of the Export Control List in Schedule 3 any substance the use of which is prohibited in Canada by or under an Act of Parliament, and delete any substance from that Part;

• (b) add to Part 2 of the Export Control List in Schedule 3 any substance that is subject to an international agreement that requires notification or requires the consent of the country of destination before the substance is exported from Canada, and delete any substance from that Part; and

• (c) add to Part 3 of the Export Control List in Schedule 3 any substance the use of which is restricted in Canada by or under an Act of Parliament, and delete any substance from that Part.

Marginal note:Notice to Minister

• 101. (1) Subject to subsection (4), no person shall export a substance specified in the Export Control List in Schedule 3 unless the person provides prior notice of the proposed export to the Minister in accordance with the regulations made under subsection 102(1).

• Marginal note:Restrictions on export

  (2) Subject to subsection (4), no person shall export a substance specified in Part 1 of the Export Control List in Schedule 3 unless the export of the substance

  • (a) is for the purpose of destroying the substance or complying with a direction under subparagraph 99(b)(iii); and

  • (b) is done in accordance with any regulations made under subsection 102(1).

• Marginal note:Restrictions on export

  (3) Subject to subsection (4), no person shall export a substance specified in Part 2 or 3 of the Export Control List in Schedule 3 unless the export of the substance is done in accordance with any regulations made under subsection 102(1).

• Marginal note:Total prohibition on export

  (4) No person shall export a substance specified in the Export Control List in Schedule 3 if the export of the substance is prohibited by a regulation made under subsection 102(2).