Marginal note:Other regulations

• 115. (1) Subject to subsection (2), the Governor in Council may, on the recommendation of the Ministers, make regulations

  • (a) for the purposes of implementing an international agreement,

    • (i) respecting living organisms, whether or not they are on the Domestic Substances List, and

    • (ii) respecting the safety of the environment or human health, including, but not limited to, the safe transfer, handling and uses of any living organism that is moved across a boundary; and

  • (b) respecting the effective and safe use of living organisms in pollution prevention.

• Marginal note:Living organisms regulated under other Acts of Parliament

  (2) The Governor in Council shall not make a regulation under subsection (1) in respect of any living organism if the regulation regulates an aspect of the living organism 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:Definitions

116. The definitions in this section apply in this Division and in Part 10.

“cleaning product”

« produit de nettoyage »

“cleaning product” means a phosphate compound or other substance that is intended to be used for cleaning purposes, and includes laundry detergents, dish-washing compounds, metal cleaners, de-greasing compounds and household, commercial and industrial cleaners.

“nutrient”

« substance nutritive »

“nutrient” means a substance or combination of substances that, if released in any waters, provides nourishment that promotes the growth of aquatic vegetation.

“water conditioner”

« conditionneur d’eau »

“water conditioner” means a substance that is intended to be used to treat water, and includes water-softening chemicals, anti-scale chemicals and corrosion inhibiters.

Marginal note:Prohibition

117. No person shall manufacture for use or sale in Canada or import a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product.

Marginal note:Regulations

• 118. (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of preventing or reducing the growth of aquatic vegetation that is caused by the release of nutrients in waters and that can interfere with the functioning of an ecosystem or degrade or alter, or form part of a process of degrading or altering, an ecosystem to an extent that is detrimental to its use by humans, animals or plants, including regulations

  • (a) prescribing nutrients;

  • (b) prescribing the permissible concentration of a prescribed nutrient in a cleaning product or water conditioner;

  • (c) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing, measuring or monitoring a nutrient, cleaning product or water conditioner; and

  • (d) requiring persons who manufacture for use or sale in Canada or import a cleaning product or water conditioner

    • (i) to maintain books and records for the proper administration of this Division and the regulations,

    • (ii) to submit samples of the cleaning product or water conditioner to the Minister, and

    • (iii) to submit to either Minister information regarding cleaning products, water conditioners and their ingredients.

• Marginal note:Nutrients regulated under other Acts of Parliament

  (2) The Governor in Council shall not make a regulation under subsection (1) in respect of a nutrient to the extent that the nutrient, or a product in which the nutrient is contained, is, in the opinion of the Governor in Council, 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.