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

Marginal note:Domestic Substances List — Food and Drugs Act

• 66.1 (1) The Minister may, for the purpose of section 81, add a substance to the Domestic Substances List if

  • (a) the substance was included on the version of the Revised In Commerce List that was prepared by the Minister of Health after the end, on November 3, 2019, of acceptance of substance nominations to that List and that is referred to in the Canada Gazette, Part I, Volume 152, Number 44, as the static list;

  • (b) the substance is not referred to in Annex I to the notice entitled “Removal of substances with no commercial activity from the Revised In Commerce List” published in the Canada Gazette, Part I, Volume 156, Number 8; and

  • (c) no conditions specified under paragraph 84(1)(a) in respect of the substance are in effect.

  If the substance appears on the Non-domestic Substances List, the Minister shall delete it from that List.

• Marginal note:Designation

  (2) The Minister may, by order, designate any person or class of persons to exercise the powers set out in subsection (1).

Marginal note:Amendment of Lists

• 66.2 (1) If the Minister is satisfied that a substance referred to in subsection 66(1) that is specified on the Domestic Substances List — or a substance added to the List under subsection 66.1(1) or 87(1) or (5) — is not being manufactured in Canada, imported into Canada, in Canadian commerce or used for commercial manufacturing purposes in Canada, the Minister may delete the substance from the List and may add it to the Non-domestic Substances List.

• Marginal note:Publication — notice of intent

  (2) Before deleting a substance from the Domestic Substances List under subsection (1), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice indicating the Minister’s intention to delete it from the List.

• Marginal note:Comments

  (3) Within 60 days after the publication of the notice, any person may file written comments with the Minister.

• Marginal note:Designation

  (4) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.

Marginal note:Regulation of criteria

• 67 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations

  • (a) respecting a property or characteristic of a substance, including persistence, bioaccumulation, carcinogenicity, mutagenicity and reproductive toxicity;

  • (b) prescribing the substances or groups of substances in respect of which the property or characteristic may be applicable;

  • (c) prescribing the conditions under which and the circumstances in which the property or characteristic may be applicable;

  • (d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic, including conditions, test procedures and laboratory practices to be followed for replacing, reducing or refining the use of vertebrate animals; and

  • (e) respecting, for the purpose of subsection 77(3), the classification of a substance as a substance that poses the highest risk.

• Marginal note:Condition

  (2) No regulation that is applicable to a mineral or metal may be made under subsection (1) unless, in the opinion of the Ministers, the natural occurrence, properties and characteristics of that mineral or metal in the environment have been taken into consideration.

Marginal note:Research, investigation and evaluation

68 For the purpose of assessing whether a substance is toxic or is capable of becoming toxic — or for the purpose of assessing whether to control, or the manner in which to control, a substance, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1, either Minister may

• (a) collect or generate data and conduct investigations respecting any matter in relation to the substance or product including

  • (i) whether short-term exposure to the substance causes significant effects,

  • (ii) the potential of organisms in the environment to be widely exposed to the substance,

  • (iii) whether organisms are exposed to the substance via multiple pathways,

  • (iii.1) whether exposure to the substance in combination with exposure to other substances has the potential to cause cumulative effects,

  • (iii.2) whether there is a vulnerable population or environment in relation to the substance,

  • (iv) the ability of the substance to cause a reduction in metabolic functions of an organism,

  • (v) the ability of the substance to cause delayed or latent effects over the lifetime of an organism, including carcinogenic, mutagenic or neurotoxic effects,

  • (vi) the ability of the substance to cause survival impairment of an organism,

  • (vi.1) the ability of the substance to disrupt the reproductive system or endocrine system of an organism,

  • (vii) whether exposure to the substance has the potential to contribute to population failure of a species,

  • (viii) the ability of the substance to cause transgenerational effects,

  • (ix) quantities, uses and disposal of the substance,

  • (x) the manner in which the substance is released into the environment,

  • (xi) the extent to which the substance can be dispersed and will persist in the environment,

  • (xii) the existence, development and use of safer or more sustainable alternatives to the substance or product,

  • (xiii) methods of controlling the presence of the substance in the environment,

  • (xiv) methods of reducing the quantity of the substance used or produced or the quantities or concentration of the substance released into the environment, and

  • (xv) the manner in which the public may be provided with information regarding the substance or product, including, in the case of a product, by labelling it;

• (b) correlate and evaluate any data collected or generated under paragraph (a) and publish results of any investigations carried out under that paragraph; and

• (c) provide information and make recommendations respecting any matter in relation to the substance or product, including measures to control the presence of the substance or product in the environment.

Marginal note:Restriction — vertebrate animals

• 68.1 (1) The Ministers shall, to the extent practicable, use scientifically justified alternative methods and strategies to replace, reduce or refine the use of vertebrate animals in the generation of data and the conduct of investigations under paragraph 68(a).

• Marginal note:Methods and strategies to refine use

  (2) For the purposes of subsection (1), methods and strategies to refine the use of vertebrate animals include minimizing pain and distress caused to vertebrate animals used in the generation of data and the conduct of investigations under paragraph 68(a).

Marginal note:Formulation of guidelines by the Ministers

• 69 (1) Either Minister or both Ministers, as the case may be, may issue guidelines for the purposes of the interpretation and application of the provisions of this Part for which they have responsibility.

• Marginal note:Consultation

  (2) In exercising the powers under subsection (1), either Minister or both Ministers shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in assessing and controlling toxic substances.

• Marginal note:Saving

  (2.1) Nothing in subsection (2) shall prevent either Minister or both Ministers from exercising the powers under subsection (1) at any time after the 60th day following the day on which an offer is made under subsection (2).

• Marginal note:Guidelines public

  (3) Guidelines issued under this section shall be made available to the public, and the Minister who issued the guidelines shall give notice of them in the Canada Gazette and in any other manner that that Minister considers appropriate.

Information Gathering

Marginal note:Notice to the Minister

70 Where a person

• (a) imports, manufactures, transports, processes or distributes a substance for commercial purposes, or

• (b) uses a substance in a commercial manufacturing or processing activity,

and obtains information that reasonably supports the conclusion that the substance is toxic or is capable of becoming toxic, the person shall without delay provide the information to the Minister unless the person has actual knowledge that either Minister already has the information.

Marginal note:Notice requiring information, samples or testing

• 71 (1) The Minister may, for the purpose of assessing whether a substance is toxic or is capable of becoming toxic — or for the purpose of assessing whether to control, or the manner in which to control, a substance, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1,

  • (a) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance or product, as the case may be, to notify the Minister that the person is or was during that period engaged in that activity;

  • (b) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice to provide the Minister with any information and samples referred to in subsection (2) that may be in the person’s possession or to which the person may reasonably be expected to have access; and

  • (c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or product, as the case may be, requiring the person to conduct toxicological or other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.

• Marginal note:Contents of notice under paragraph (1)(b)

  (2) A notice published under paragraph (1)(b) may require any information and samples, including

  • (a) in respect of a substance, available toxicological information, available monitoring information, samples of the substance and information on the quantities, composition, uses and distribution of the substance;

  • (a.1) in respect of a product that contains a substance or that may release a substance into the environment, information on the quantities, composition, manufacturing, processing, packaging, labelling, uses and distribution of the product;

  • (b) in respect of a work, undertaking or activity, plans, specifications, studies and information on procedures; and

  • (c) information on the method used to quantify any information that is provided.

• Marginal note:Method and manner — notice under paragraph (1)(b)

  (2.1) A notice published under paragraph (1)(b) may specify the method to be used to quantify any information that is to be provided and the manner in which that information and any sample is to be provided.

• Marginal note:Contents of notice under paragraph (1)(c)

  (2.2) A notice sent under paragraph (1)(c) may, among other things, require the person to provide any information and samples, including

  • (a) in respect of a substance or of a product that contains a substance or that may release a substance into the environment, toxicological information, monitoring information, test samples and information on the quantities, composition, uses and distribution of the substance or product; and

  • (b) information on the methods, test procedures and laboratory practices followed for performing any required test and on the conditions under which those tests are conducted.

• Marginal note:Method and manner — notice under paragraph (1)(c)

  (2.3) The notice sent under paragraph (1)(c) may, among other things, specify

  • (a) the conditions, methods, test procedures and laboratory practices to be followed for conducting sampling, analyses, measurements, quantification or monitoring as part of any required test;

  • (a.1) the conditions, methods, test procedures and laboratory practices to be followed to replace, reduce or refine the use of vertebrate animals;

  • (b) the manner in which the test results are to be submitted;

  • (c) the method to be used to quantify any information that is to be provided; and

  • (d) the manner in which that information and any sample is to be provided.

• Marginal note:Compliance with notice

  (3) Every person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent shall comply with the notice within the time specified in the notice.

• Marginal note:Extension of time

  (4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent, extend the time or times within which the person shall comply with the notice.