Short Title

Marginal note:Short title

1 This Act may be cited as the Strengthening Environmental Protection for a Healthier Canada Act.

1999, c. 33Canadian Environmental Protection Act, 1999

Amendments to the Act

• 2 (1) The preamble to the Canadian Environmental Protection Act, 1999 is amended by adding the following after the first paragraph:

  Whereas the Government of Canada recognizes that every individual in Canada has a right to a healthy environment as provided under this Act;

• (2) The third paragraph of the preamble to the Act is replaced by the following:

  Whereas the Government of Canada acknowledges the need to control and manage pollutants and wastes if their release into the environment cannot be prevented;

• (2.1) The sixth paragraph of the preamble to the French version of the Act is replaced by the following:

  qu’il s’engage à adopter le principe de précaution, si bien qu’en cas de risques de dommages graves ou irréversibles, l’absence de certitude scientifique absolue ne doit pas servir de prétexte pour remettre à plus tard l’adoption de mesures effectives visant à prévenir la dégradation de l’environnement;

• (3) The preamble to the Act is amended by adding the following after the eighth paragraph:

  Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent;

• (4) The preamble to the Act is amended by adding the following after the ninth paragraph:

  Whereas the Government of Canada recognizes the importance of considering vulnerable populations in assessing whether substances are toxic or capable of becoming toxic;

  Whereas the Government of Canada recognizes the importance of minimizing the risks posed by exposure to toxic substances and the cumulative effects of toxic substances;

• (5) The preamble to the Act is amended by adding the following after the 10th paragraph:

  Whereas the Government of Canada recognizes the role of science and Indigenous knowledge in the process of making decisions related to the protection of the environment and human health, as well as the importance of promoting the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals;

• (6) The 13th paragraph of the preamble to the Act is replaced by the following:

  Whereas the Government of Canada will endeavour to remove threats to biological diversity through pollution prevention as well as the control and management of the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;

  Whereas the Government of Canada recognizes the importance of encouraging the progressive substitution of substances, processes and technologies with alternatives that are safer for the environment or human health, when they are economically and technically viable;

  Whereas the Government of Canada is committed to openness, transparency and accountability in respect of the protection of the environment and human health;

  Whereas the Government of Canada recognizes the importance of Canadians having information, including by means of the packaging and labelling of products, regarding the risks posed by toxic substances to the environment or to human health;

  Whereas the Government of Canada is committed to implementing a risk-based approach to the assessment and management of chemical substances;

• 3 (1) Paragraph 2(1)(a) of the Act is replaced by the following:

  • (a) exercise its powers in a manner that

    • (i) protects the environment and human health, including the health of vulnerable populations,

    • (ii) applies the precautionary principle, which provides that the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation if there are threats of serious or irreversible damage, and

    • (iii) promotes and reinforces enforceable pollution prevention approaches;

• (2) Subsection 2(1) of the Act is amended by adding the following after paragraph (a.1):

  • (a.2) protect the right of every individual in Canada to a healthy environment as provided under this Act, subject to any reasonable limits;

  • (a.3) in relation to paragraph (a.2), uphold principles such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — the principle of non-regression and the principle of intergenerational equity;

• (3) Subsection 2(1) of the Act is amended by adding the following after paragraph (k):

  • (k.1) encourage the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals;

• 4 (1) The portion of the definition substance in subsection 3(1) of the Act after paragraph (d) and before paragraph (e) is replaced by the following:

  and, except for the purposes of sections 66 to 66.2, 80 to 89 and 104 to 115, includes

• (2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:

  healthy environment

  healthy environment means an environment that is clean, healthy and sustainable. (environnement sain)

  precautionary principle

  precautionary principle means Principle 15 of the 1992 Rio Declaration on Environment and Development, which provides that the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation if there are threats of serious or irreversible damage. (principe de précaution)

  vulnerable population

  vulnerable population means a group of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be at an increased risk of experiencing adverse health effects from exposure to substances. (population vulnérable)

5 The Act is amended by adding the following after the heading of Part 1:

• 5.1 (1) The portion of subsection 13(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Contents of Environmental Registry

  • 13 (1) The Environmental Registry shall contain notices and other documents published or made publicly available by the Ministers or either Minister under this Act, and shall also include, subject to the Access to Information Act and the Privacy Act,

• (2) Subsection 13(2) of the Act is replaced by the following:

  • Marginal note:Form and manner of Environmental Registry

    (2) The Minister may determine the form of the Environmental Registry and how it is to be kept, so long as the registry is publicly accessible and searchable and is in electronic form.

6 Section 15 of the Act is replaced by the following:

7 Section 44 of the Act is amended by adding the following after subsection (3):

• 8 (1) Paragraph 45(a) of the Act is replaced by the following:

  • (a) conduct research and studies, including biomonitoring surveys, relating to the role of substances in illnesses or in health problems;

• (2) Section 45 of the Act is renumbered as subsection 45(1) and is amended by adding the following:

  • Marginal note:Vulnerable populations

    (2) For greater certainty, the research and studies referred to in paragraph (1)(a) may relate to vulnerable populations.

• 9 (1) Paragraph 46(1)(a) of the Act is replaced by the following:

  • (a) substances specified in the plan developed under section 73;

• (2) Subsection 46(1) of the Act is amended by adding the following after paragraph (e):

  • (e.1) products that contain a substance that is toxic under section 64 or that may become toxic, or products that may release such a substance into the environment;

• (3) Subsection 46(1) of the Act is amended by adding the following after paragraph (k):

  • (k.1) activities that may contribute to pollution;

  • (k.2) hydraulic fracturing;

  • (k.3) tailings ponds;

• 10 (1) Subsection 56(1) of the Act is replaced by the following:

  Marginal note:Requirement for pollution prevention plans

  • 56 (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of

    • (a) a substance or group of substances specified on the list of toxic substances in Schedule 1;

    • (b) a substance or group of substances with respect to which subsection 166(1) or 176(1) applies; or

    • (c) a product that contains a substance specified on the list of toxic substances in Schedule 1 or that may release such a substance into the environment.

  • Marginal note:Alternatives

    (1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.

• (2) Paragraph 56(2)(a) of the Act is replaced by the following:

  • (a) the substance, group of substances or product in relation to which the plan is to be prepared;

• (3) Subsection 56(4) of the Act is replaced by the following:

  • Marginal note:Publication of notice of extension

    (4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.

• (4) Section 56 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Progress reports

    (6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.

11 Subsection 60(1) of the Act is replaced by the following:

Marginal note:2017, c. 26, subpar. 63(d)(iii)(E)

12 Sections 65 and 65.1 of the Act are repealed.

• 13 (1) The portion of subsection 66(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Domestic Substances List

  • 66 (1) The Minister shall, for the purpose of section 81, maintain a list to be known as the Domestic Substances List and, subject to subsection 66.2(1), the List shall specify all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986,

• (2) Paragraph 66(2)(a) of the Act is replaced by the following:

  • (a) the substances referred to in subsection (1), unless the substance has been deleted from the Domestic Substances List under subsection 66.2(1); and

14 The Act is amended by adding the following after section 66:

• 15 (1) Paragraph 67(1)(a) of the Act is replaced by the following:

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

• (2) Subsection 67(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:

  • (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.

• 16 (1) The portion of section 68 of the Act before subparagraph (a)(i) is replaced by the following:

  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

• (2) Paragraph 68(a) of the Act is amended by adding the following after subparagraph (iii):

  • (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,

• (3) Subparagraphs 68(a)(v) and (vi) of the Act are replaced by the following:

  • (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,

• (4) Subparagraph 68(a)(xii) of the Act is replaced by the following:

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

• (5) Paragraph 68(a) of the Act is amended by striking out “and” at the end of subparagraph (xiii), by adding “and” at the end of subparagraph (xiv) and by adding the following after subparagraph (xiv):

  • (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;

• (6) Paragraph 68(c) of the Act is replaced by the following:

  • (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.

16.1 The Act is amended by adding the following after section 68:

• 17 (1) Subsection 69(2.1) of the Act is replaced by the following:

  • 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).

• (2) Subsection 69(3) of the English version of the Act is replaced by the following:

  • 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.

• 18 (1) The portion of subsection 71(1) of the Act before paragraph (b) is replaced by the following:

  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;

• Marginal note:2001, c. 34, 29(F)

  (2) Paragraph 71(1)(c) of the Act is replaced by the following:

  • (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.

• (3) The portion of subsection 71(2) of the English version of the Act before paragraph (a) is replaced by the following:

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

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

• (4) Paragraph 71(2)(a) of the Act is replaced by the following:

  • (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;

• (5) Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:

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

• (6) Section 71 of the Act is amended by adding the following after subsection (2):

  • 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.

• (7) Subsection 71(4) of the English version of the Act is replaced by the following:

  • 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.

19 Sections 72 to 74 of the Act are replaced by the following:

20 Sections 76 and 76.1 of the Act are replaced by the following:

• 21 (1) Subsections 77(1) to (4) of the Act are replaced by the following:

  Marginal note:Publication after assessment or review

  • 77 (1) If the Ministers have conducted an assessment under this Part, other than under section 83, to determine whether a substance is toxic or capable of becoming toxic or a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, the Ministers shall publish in the Canada Gazette, and either Minister may publish in any other manner that that Minister considers appropriate,

    • (a) a statement indicating one of the measures referred to in subsection (2) that the Ministers propose to take and a summary of the scientific considerations on the basis of which the measure is proposed; and

    • (b) if the measure is one referred to in paragraph (2)(c) or (d) and the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.

  • Marginal note:Proposed measures

    (2) Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:

    • (a) taking no further action in respect of the substance;

    • (b) unless the substance is already on the List referred to in section 75.1, adding the substance to that List;

    • (c) recommending that the substance be added to Part 1 of the list of toxic substances in Schedule 1; or

    • (d) recommending that the substance be added to Part 2 of the list of toxic substances in Schedule 1.

  • Marginal note:Mandatory proposal

    (3) The Ministers shall propose to take the measure referred to in paragraph (2)(c) if the substance is determined to be toxic and the Ministers are satisfied that

    • (a) the substance may have a long-term harmful effect on the environment and

      • (i) is inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies,

      • (ii) is persistent and bioaccumulative in accordance with the regulations,

      • (iii) is present in the environment primarily as a result of human activity, and

      • (iv) is not a naturally occurring radionuclide or a naturally occurring inorganic substance;

    • (b) the substance may constitute a danger in Canada to human life or health and is, in accordance with the regulations, carcinogenic, mutagenic or toxic for reproduction; or

    • (c) the substance is, in accordance with the regulations, a substance that poses the highest risk.

• (2) Subsections 77(6) to (8) of the Act are replaced by the following:

  • Marginal note:Publication of final decision

    (6) After taking into consideration in an expeditious manner the comments filed under subsection (5), the Ministers shall publish in the Canada Gazette

    • (a) a summary of the assessment or of the review, as the case may be, referred to in subsection (1);

    • (b) a statement indicating the measure that the Ministers propose to take; and

    • (c) if the measure is one referred to in paragraph (2)(c) or (d),

      • (i) a statement indicating the manner in which a proposed regulation or instrument respecting preventive or control actions in relation to the substance is to be developed under this or any other Act of Parliament, or

      • (ii) if the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.

  • Marginal note:Exemption

    (7) If the Ministers publish a statement under paragraph (6)(b) in respect of a substance already specified on the list of toxic substances in Schedule 1, paragraph (6)(c) does not apply.

  • Marginal note:Delay — publication of final decision

    (8) If more than two years have elapsed after the publication of a statement under paragraph (1)(a) without the Ministers having published a statement under paragraph (6)(b), the Minister shall publish in the Environmental Registry a statement made jointly by the Ministers indicating the reasons for the delay and an estimated time frame within which the statement under paragraph (6)(b) is to be published.

• (3) Subsection 77(9) of the Act is replaced by the following:

  • Marginal note:Recommendation to Governor in Council

    (9) When the Ministers publish a statement under paragraph (6)(b) indicating that the measure that they propose to take is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, the Ministers shall make a recommendation for an order under subsection 90(1), and, if the substance is already specified in the other Part, the Ministers shall make a recommendation for an order under subsection 90(2).

22 Sections 78 and 79 of the Act are replaced by the following:

23 Subsection 84(4) of the Act is replaced by the following:

24 Subsections 85(2) and (3) of the Act are replaced by the following:

25 Section 86 of the Act is renumbered as subsection 86(1) and is amended by adding the following:

26 Subsections 87(3) and (4) of the Act are replaced by the following:

27 The Act is amended by adding the following after section 87:

28 Paragraph 89(1)(k) of the Act is replaced by the following:

29 Subsections 90(1) to (2) of the Act are replaced by the following:

Marginal note:2017, c. 26, subpar. 63(d)(iv)(E)

30 Subsections 91(1) to (5) of the Act are replaced by the following:

31 Subsection 92(1) of the Act is replaced by the following:

32 Section 92.1 of the Act is repealed.

• 33 (1) The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Regulations

  • 93 (1) Subject to subsections (3) and (4), the Governor in Council may, on the recommendation of the Ministers, make regulations with respect to a substance specified on the list of toxic substances in Schedule 1, including regulations providing for, or imposing requirements respecting,

• (2) Paragraphs 93(1)(f) and (g) of the Act are replaced by the following:

  • (f) the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;

  • (g) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;

• (3) Paragraph 93(1)(i) of the Act is replaced by the following:

  • (i) the quantities or concentrations of the substance that may be imported or exported;

• (4) Paragraphs 93(1)(l) to (s) of the Act are replaced by the following:

  • (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (m) the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;

  • (n) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, offered for sale or sold in Canada, or that any such product may release into the environment;

  • (o) the manner in which, conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;

  • (p) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;

  • (q) the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (r) the manner, conditions, places and method of disposal of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal sites;

  • (s) the submission to the Minister, on request or at any prescribed times, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;

• (5) Paragraphs 93(1)(u) and (v) of the Act are replaced by the following:

  • (u) the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;

  • (v) the submission of samples to the Minister of the substance, a product that contains the substance or a product that may release the substance into the environment;

• (6) Paragraph 93(1)(w) of the English version of the Act is replaced by the following:

  • (w) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;

• (7) Subsection 93(5) of the Act is replaced by the following:

  • Marginal note:Powers of Minister

    (5) Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.

  • Marginal note:Statutory Instruments Act

    (6) A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

• 34 (1) Subsection 94(1) of the Act is replaced by the following:

  Marginal note:Interim orders

  • 94 (1) The Minister may make an interim order in respect of a substance and the order may contain any provision that may be contained in a regulation made under subsection 93(1) if

    • (a) the substance

      • (i) is not specified on the list of toxic substances in Schedule 1 and the Ministers believe that it is toxic or capable of becoming toxic, or

      • (ii) is specified on that list and the Ministers believe that it is not adequately regulated; and

    • (b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health.

• (2) Paragraph 94(5)(b) of the Act is replaced by the following:

  • (b) if the order was made in respect of a substance that was not specified on the list of toxic substances in Schedule 1, that the substance be added to Part 1 or 2 of that list under section 90.

• 35 (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Report and remedial measures

  • 95 (1) If there occurs or is a likelihood of a release into the environment of a substance specified on the list of toxic substances in Schedule 1 in contravention of a regulation made under section 93 or an order made under section 94, any person described in subsection (2) shall, as soon as possible in the circumstances,

• (2) Subsection 95(3) of the Act is replaced by the following:

  • Marginal note:Report by property owner

    (3) If there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release and who knows that it is a substance specified on the list of toxic substances in Schedule 1 shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.

36 Subsection 96(1) of the Act is replaced by the following:

37 The portion of section 99 of the Act before paragraph (a) is replaced by the following:

38 The portion of subsection 105(1) of the Act before paragraph (a) is replaced by the following:

39 The Act is amended by adding the following after section 105:

39.01 Subsection 106(9) of the Act is replaced by the following:

39.1 The Act is amended by adding the following after section 108:

40 Subsection 109(4) of the Act is replaced by the following:

41 Subsections 110(2) and (3) of the Act are replaced by the following:

42 Section 111 of the Act is renumbered as subsection 111(1) and is amended by adding the following:

43 Subsections 112(3) and (4) of the Act are replaced by the following:

44 The Act is amended by adding the following after section 112:

44.1 Subsection 114(1) of the Act is amended by adding the following after paragraph (g):

45 Paragraphs 199(1)(a) and (b) of the Act are replaced by the following:

• 46 (1) Paragraphs 209(2)(f) and (g) of the Act are replaced by the following:

  • (f) the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;

  • (g) the manner in which and the conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;

• (2) Paragraph 209(2)(i) of the Act is replaced by the following:

  • (i) the quantities or concentrations of the substance that may be imported or exported;

• (3) Paragraphs 209(2)(l) to (r) of the Act are replaced by the following:

  • (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment and the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;

  • (m) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada, or that any such product may release into the environment;

  • (n) the manner in which, the conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;

  • (o) the manner in which and the conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;

  • (p) the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (q) the manner, conditions, places and method of disposal or recycling of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal or recycling sites;

  • (r) the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;

• (4) Paragraphs 209(2)(t) and (u) of the Act are replaced by the following:

  • (t) the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;

  • (u) the submission to the Minister of samples of the substance, a product that contains the substance or a product that may release the substance into the environment;

• (5) Paragraph 209(2)(v) of the English version of the Act is replaced by the following:

  • (v) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;

• (6) Section 209 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Powers of Minister

    (5) Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.

  • Marginal note:Statutory Instruments Act

    (6) A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

47 Paragraph 218(1)(a) of the Act is replaced by the following:

• 48 (1) Paragraph 235(2)(a) of the Act is replaced by the following:

  • (a) the exportation, importation, manufacture, transportation, processing or distribution of a substance, a product that contains a substance or a product that may release a substance into the environment;

• (2) Paragraphs 235(2)(b) and (c) of the English version of the Act are replaced by the following:

  • (b) the possession, storage, use, sale, offering for sale, advertisement or disposal of a substance, a product that contains a substance or a product that may release a substance into the environment;

  • (c) the use, in a commercial manufacturing or processing activity, of a substance, a product that contains a substance or a product that may release a substance into the environment; or

• (3) Paragraph 235(3)(a) of the Act is replaced by the following:

  • (a) owns or has the charge, management or control of

    • (i) the substance — or any product that contains the substance or that may release the substance into the environment — to which the alleged contravention relates, or

    • (ii) the property on which the substance or product is located;

Marginal note:2009, c. 14, s. 72

• 49 (1) Paragraph 272(1)(b) of the Act is replaced by the following:

  • (b) fails to comply with an obligation set out in section 70, 86, 87.1, 95, 111 or 112.1 or subsection 169(1), 172(1), 179(1), 182(1), 201(1) or 212(1);

• Marginal note:2009, c. 14, s. 72

  (2) Paragraph 272(1)(d) of the Act is replaced by the following:

  • (d) contravenes a condition of a permission granted under paragraph 84(1)(a) or 109(1)(a) or under regulations made under section 93 or 209;

• 50 (1) Subsection 313(1) of the French version of the Act is replaced by the following:

  Marginal note:Demande de confidentialité

  • 313 (1) Quiconque fournit des renseignements au ministre sous le régime de la présente loi, ou à la commission de révision relativement à un avis d’opposition déposé aux termes de la présente loi, peut en même temps demander que les renseignements fournis soient considérés comme confidentiels.

• (2) Subsection 313(2) of the Act is replaced by the following:

  • Marginal note:Contents of request

    (2) A request for confidentiality shall be submitted, with reasons taking into account the criteria set out in paragraphs 20(1)(a) to (d) of the Access to Information Act, in writing and contain any supplementary information that may be prescribed.

  • Marginal note:Review of requests

    (3) The Minister shall review a statistically valid representative sample of requests granted under subsection (1) and determine whether, in respect of each of those requests, the person who made the request demonstrated that it concerned any of the following:

    • (a) trade secrets of any person;

    • (b) financial, commercial, scientific or technical information that is confidential information and that is treated consistently in a confidential manner by any person;

    • (c) information the disclosure of which could reasonably be expected to result in material financial loss or gain to, or could reasonably be expected to prejudice the competitive position of, any person; or

    • (d) information the disclosure of which could reasonably be expected to interfere with contractual or other negotiations of any person.

  • Marginal note:Requests deemed not to have been made

    (4) If the Minister determines that the person who made the request did not demonstrate that the request, in whole or in part, concerned information described in any of paragraphs (3)(a) to (d), then, for the purpose of any part of the request that does not concern such information, the request is deemed not to have been made.

  • Marginal note:Report — number of requests

    (5) The Minister shall include in the annual report required under section 342 the number of requests made under subsection (1), the number of requests reviewed, the number of requests that, in whole or in part, were deemed not to have been made and a summary of the information disclosed under sections 315 to 317.2.

  • Marginal note:Designation

    (6) 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.

51 Section 314 of the Act is replaced by the following:

• 52 (1) The portion of paragraph 316(1)(c) of the Act before subparagraph (i) is replaced by the following:

  • (c) under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada or a board or agency of the Government of Canada, if

• (2) Subparagraph 316(1)(c)(ii) of the Act of the Act is replaced by the following:

  • (ii) the government, international organization, institution, other minister, board or agency undertakes to keep the information confidential;

53 The Act is amended by adding the following after section 317:

54 Subsections 330(3) and (3.1) of the Act are repealed.

Marginal note:2004, c. 15, s. 31

55 Subsections 332(1) and (2) of the Act are replaced by the following:

• 56 (1) Subsection 333(1) of the Act is replaced by the following:

  Marginal note:Establishment of board of review

  • 333 (1) If a person files a notice of objection under subsection 332(2) in respect of a decision or a proposed order, regulation or instrument made by the Governor in Council, a decision or a proposed order or instrument made by either or both Ministers or a statement referred to in subparagraph 91(1)(a)(ii) or (b)(ii), the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision or statement is made or the order, regulation or instrument is proposed.

• (2) Subsection 333(6) of the Act is repealed.

57 The Act is amended by adding the following after section 342:

Marginal note:SOR/2000-109, s. 1; SOR/2001-1, s. 1; SOR/2001-147, s. 1; SOR/2003-10, s. 1; SOR/2003-98, s. 1 and 2; SOR/2003-172, s. 1; SOR/2003-172, s. 1; SOR/2003-229, s. 1; SOR/2003-270, s. 1; SOR/2003-277, s. 1; SOR/2005-40, s. 1; SOR/2005-46, s. 1; SOR/2005-262, s. 1; SOR/2005-345, s. 1; SOR/2006-329, ss.1 and 2; SOR/2006-333, s. 1; SOR/2010-98, s. 1; SOR/2010-194, s. 1; SOR/2010-210, s. 1; SOR/2011-25, s. 1; SOR/2011-26, s. 1; SOR/2011-34, s. 1; SOR/2011-35, s. 1; SOR/2011-140, s. 1; SOR/2011-212, s. 1; SOR/2011-286, s. 1; SOR/2011-287, s. 1; SOR/2012-40, s. 1; SOR/2012-186, s. 1; SOR/2012-187, s. 1; SOR/2012-189, s. 1; SOR/2012-219, s. 1; SOR/2012-235, s. 1; SOR/2013-188, s. 1; SOR/2016-120, s. 1; SOR/2016-150, s. 1;SOR/2016-251, s. 1; SOR/2016-308, s. 1; SOR/2017-113, s. 1; SOR/2018-20, s. 1; SOR/2018-67, s. 1; SOR/2018-129, s. 1; SOR/2018-130, s. 1; SOR/2019-115, s. 1; SOR/2019-197, s. 1; SOR/2019-198, s. 1; SOR/2020-217, s. 1; SOR/2020-218, s. 1; SOR/2021-86, s. 1; SOR/2021-89, s. 1

58 Schedule 1 to the Act is replaced by the Schedule 1 set out in the schedule to this Act.

Transitional Provisions

Marginal note:Words and expressions

59 Unless the context otherwise requires, words and expressions used in sections 60 to 62 have the same meaning as in the Canadian Environmental Protection Act, 1999.

Marginal note:Statement under subsection 77(1) — deemed recommendation to add to Part 1

• 60 (1) If, before the day on which subsection 21(1) of this Act comes into force, a statement is published under subsection 77(1) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take in respect of a substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act and to implement virtual elimination under subsection 65(3) of that Act and no statement confirming or amending that measure has been published under paragraph 77(6)(b) of that Act before that day, the measure is deemed to be a recommendation, made under paragraph 77(2)(c) of that Act, as that paragraph reads after that day, to add the substance on the list of toxic substances in Part 1 of Schedule 1, as that Schedule reads after that day.

• Marginal note:Statement under subsection 77(1) — deemed recommendation to add to Part 2

  (2) If, before the day on which subsection 21(1) of this Act comes into force, a statement is published under subsection 77(1) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take in respect of the substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act without implementing virtual elimination under subsection 65(3) of that Act and no statement confirming or amending that measure is published under paragraph 77(6)(b) of that Act before that day, the measure is deemed to be a recommendation, made under paragraph 77(2)(d) of that Act, as enacted by that subsection 21(1), to add the substance on the list of toxic substances in Part 2 of Schedule 1, as that Schedule reads after that day.

Marginal note:Statement under paragraph 77(6)(b) — deemed recommendation to add to Part 1

• 61 (1) If, before the day on which subsection 21(2) of this Act comes into force, a statement is published under paragraph 77(6)(b) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take, as confirmed or amended, in respect of a substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act and to implement virtual elimination under subsection 65(3) of that Act, the statement is deemed to be a statement, published under paragraph 77(6)(b) of that Act, as it reads after that day, indicating that the measure, as confirmed or amended, is a recommendation to add the substance on the list of toxic substances in Part 1 of Schedule 1, as that Schedule reads after that day.

• Marginal note:Statement under paragraph 77(6)(b) — deemed recommendation to add to Part 2

  (2) If, before the day on which subsection 21(2) of this Act comes into force, a statement is published under paragraph 77(6)(b) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take, as confirmed or amended, in respect of the substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act without the implementation of virtual elimination under subsection 65(3) of that Act, the statement is deemed to be a statement, published under paragraph 77(6)(b) of that Act, as it reads after that day, indicating that the measure, as confirmed or amended, is a recommendation to add the substance on the list of toxic substances in Part 2 of Schedule 1, as that Schedule reads after that day.

Marginal note:Schedule 1 — substance added

• 62 (1) If a substance is added to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 before the day on which section 58 of this Act comes into force but the substance is not specified on the list of toxic substances in Part 1 or 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999 on that day, the Governor in Council must as soon as feasible after that day make an order adding the substance

  • (a) to the list of toxic substances in Part 1 of Schedule 1 of that Act, if the Governor in Council is satisfied that the substance is toxic within the meaning of section 64 of that Act and if the Ministers recommended the implementation of virtual elimination under subsection 65(3) of that Act in relation to the substance; or

  • (b) to the list of toxic substances in Part 2 of Schedule 1 of that Act, if the Governor in Council is satisfied that the substance is toxic within the meaning of section 64 of that Act and if the Ministers did not recommend the implementation of virtual elimination under subsection 65(3) of that Act in relation to the substance.

• Marginal note:Schedule 1 — substance deleted

  (2) If a substance is deleted from the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 before the day on which section 58 of this Act comes into force but the substance is specified on the list of toxic substances in Part 1 or 2 of Schedule 1 of that Act as it reads after that day, the Governor in Council must as soon as feasible after that day make an order deleting the substance from the list of toxic substances on which it is specified.

Marginal note:Regulations

63 The Minister of the Environment and the Minister of Health may, by regulation,

• (a) repeal the Virtual Elimination List; and

• (b) repeal the Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List.

R.S, c. F-27Related Amendments to the Food and Drugs Act

64 The Food and Drugs Act is amended by adding the following after section 11:

65 The Act is amended by adding the following after section 21.3:

Marginal note:2014, c. 24, s. 4

66 Section 21.4 of the Act is replaced by the following:

• 67 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (a):

  • (a.01) declaring that any drug is adulterated if the Minister believes that a prescribed substance contained in that drug presents a serious risk to the environment;

• (2) Subsection 30(1) of the Act is amended by adding the following after paragraph (a.01):

  • (a.02) prescribing the substances that are subject to an assessment under section 11.1;

• (3) Subsection 30(1) of the Act is amended by adding the following after paragraph (b):

  • (b.01) respecting, for the purposes of managing risks to the environment, any of the following:

    • (i) the labelling and packaging and the offering, exposing and advertising for sale of food, drugs, cosmetics and devices,

    • (ii) the size, dimensions, fill and other specifications of packages of food, drugs, cosmetics and devices,

    • (iii) the sale or the conditions of sale of any food, drug, cosmetic or device, and

    • (iv) the use of any substance as an ingredient in any food, drug, cosmetic or device;

• (4) Paragraph 30(1)(e) of the Act is replaced by the following:

  • (e) respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer or to manage risks to the environment;

• Marginal note:1999, c. 33, s. 347

  (5) Paragraph 30(1)(l.1) of the Act is replaced by the following:

  • (l.1) respecting the assessment of the risk to the environment or human life and health of the release into the environment of any food, drug, cosmetic or device;

  • (l.2) respecting, for the purpose of managing risks to the environment identified as part of an assessment under this Act, measures in respect of selling or importing, manufacturing, preparing, preserving, packaging or storing for sale any food, drug, cosmetic or device;

  • (l.3) authorizing the Minister to waive any requirement respecting the assessment under this Act of the risk to the environment presented by a food, drug, cosmetic or device;

• (6) Section 30 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Relevant factor

    (1.01) Before recommending to the Governor in Council that a regulation be made under paragraph (1)(a.02), the Minister must take into account the degree of uncertainty respecting the risks to the environment associated with the use of a substance as an ingredient in a drug, including its release into the environment.

• (7) Subsection 30(1.2) of the Act is amended by adding the following after paragraph (d):

  • (d.01) requiring holders of a therapeutic product authorization to provide the Minister with information, in respect of any serious risk to the environment, that the holders receive or become aware of and that is relevant to the therapeutic product to which the authorization relates, regarding

    • (i) risks that have been communicated outside Canada, and the manner of the communication,

    • (ii) changes that have taken place to labelling outside Canada, and

    • (iii) recalls, reassessments and suspensions or revocations of authorizations, including licences, in respect of a therapeutic product, that have taken place outside Canada;

• Marginal note:2014, c. 24, s. 6(1)

  (8) Paragraph 30(1.2)(e) of the Act is replaced by the following:

  • (e) respecting modifications of labels and modifications and replacements of packages referred to in sections 21.2 and 21.302;

• Marginal note:2014, c. 24, s. 6(2)

  (9) Paragraph 30(1.2)(f.3) of the Act is replaced by the following:

  • (f.3) respecting the compilation of information, the conducting of tests and studies and the monitoring that are referred to in paragraphs 21.32(a) and 21.33(a), and the provision to the Minister of the information or results referred to in paragraphs 21.32(b) and 21.33(b);

Repeal

Marginal note:Repeal

68 The Perfluorooctane Sulfonate Virtual Elimination Act, chapter 13 of the Statutes of Canada, 2008, is repealed.

Coming into Force

Marginal note:Order in council

69 Section 64 and subsections 67(2), (5) and (6) come into force on a day to be fixed by order of the Governor in Council.