Strengthening Environmental Protection for a Healthier Canada Act (S.C. 2023, c. 12)

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12 Sections 65 and 65.1 of the Act are repealed.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.