Strengthening Environmental Protection for a Healthier Canada Act (S.C. 2023, c. 12)
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Assented to 2023-06-13
1999, c. 33Canadian Environmental Protection Act, 1999 (continued)
Amendments to the Act (continued)
23 Subsection 84(4) of the Act is replaced by the following:
Marginal note:Expiry of prohibition
(4) Any prohibition on the manufacture or importation of a substance imposed under paragraph (1)(b) expires two years after the day on which it is imposed unless, before the expiry of the two years, there is published in the Canada Gazette
(a) a regulation respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act; or
(b) a statement, identifying a regulation respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament,
(i) made jointly by the Minister and the Minister responsible for the administration of the Act of Parliament under which the regulation is to be made, if the Act is not an Act referred to in subparagraph (ii), or
(ii) made by the Minister of Health, if the Act of Parliament is one for whose administration that Minister is responsible.
If such a proposed regulation — or such a statement identifying a proposed regulation — is so published, the prohibition expires on the day on which the regulation comes into force.
24 Subsections 85(2) and (3) of the Act are replaced by the following:
Marginal note:Contents of notice
(2) A notice referred to in subsection (1)
(a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to which subsection 81(4) is to apply and, if regulations in respect of those significant new activities are not made under paragraphs 89(1)(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 83; and
(b) may specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to the substance.
Marginal note:Classes of persons
(3) The Minister may, by notice published in the Canada Gazette, specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to a substance for which a notice was published under subsection (1), if no such class was specified in that notice.
Marginal note:Subsequent notice
(4) The Minister may, by notice published in the Canada Gazette,
(a) vary the significant new activities in relation to a substance for which a notice has been published under subsection (1) or vary the information to be provided to the Minister under subsection 81(4), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;
(b) indicate that subsection 81(4) no longer applies with respect to the substance;
(c) vary the classes of persons, if any, that are specified for the purpose of subsection 86(2) in a notice published under subsection (1) or (3); or
(d) indicate that a class of persons is no longer specified for the purpose of subsection 86(2).
25 Section 86 of the Act is renumbered as subsection 86(1) and is amended by adding the following:
Marginal note:Exception
(2) A person who is within a class of persons that is specified in a notice published under subsection 85(1) or (3) — or, if the class is varied by a notice published under subsection 85(4), within the class as varied — is not required to be notified under subsection (1) with respect to the substance to which the notice relates.
26 Subsections 87(3) and (4) of the Act are replaced by the following:
Marginal note:Significant new activity
(3) If a substance is on the Domestic Substances List or is to be added to the List under subsection (1) or 66.1(1), the Minister may amend the List to indicate that subsection 81(3) applies with respect to the substance.
Marginal note:Contents of amendment
(4) An amendment referred to in subsection (3)
(a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to which subsection 81(3) is to apply and, if regulations in respect of those significant new activities are not made under paragraphs 89(1)(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 83; and
(b) may specify for the purpose of subsection 87.1(2) classes of persons who are not required to be notified under subsection 87.1(1) with respect to the substance.
Marginal note:Subsequent amendment
(4.1) The Minister may amend the Domestic Substances List in respect of a substance with respect to which subsection 81(3) applies
(a) to vary the significant new activities in relation to the substance or vary the information to be provided to the Minister under subsection 81(3), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;
(b) to indicate that subsection 81(3) no longer applies;
(c) to specify classes of persons for the purpose of subsection 87.1(2), if no such classes are specified with respect to the substance;
(d) to vary the classes of persons, if any, that are specified for the purpose of subsection 87.1(2); or
(e) to delete any class of persons that is specified for the purpose of subsection 87.1(2).
27 The Act is amended by adding the following after section 87:
Marginal note:Notification of persons required to comply
87.1 (1) If a substance is specified on the Domestic Substances List with an indication that subsection 81(3) applies with respect to the substance, every person who transfers the physical possession or control of the substance shall notify all persons to whom the possession or control is transferred of the obligation to comply with that subsection.
Marginal note:Exception
(2) A person is not required to be notified under subsection (1) with respect to a substance if they are within a class of persons that is specified on the Domestic Substances List in respect of the substance for the purpose of this subsection.
28 Paragraph 89(1)(k) of the Act is replaced by the following:
(k) generally for carrying out the purposes and provisions of sections 66 to 66.2 and 80 to 88.
29 Subsections 90(1) to (2) of the Act are replaced by the following:
Marginal note:Addition to list of toxic substances
90 (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an order adding the substance to Part 1 or 2 of the list of toxic substances in Schedule 1.
Marginal note:Priorities
(1.1) In developing a proposed regulation or instrument respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives for the environment or human health, in relation to a substance specified on the list of toxic substances in Schedule 1, the Ministers shall give priority to pollution prevention actions and, in particular, in the case of a substance specified in Part 1 of the list of toxic substances in that Schedule, to the total, partial or conditional prohibition of activities in relation to the substance or of releases of the substance into the environment.
Marginal note:Consideration of factors
(1.2) For the purposes of subsection (1.1), the Ministers shall, in respect of a substance specified in Part 1 of the list of toxic substances in Schedule 1, consider whether the activity or release can be undertaken in a manner that minimizes or eliminates any harmful effect on the environment or human health and whether there are feasible alternatives to the substance.
Marginal note:Deletion from the list of toxic substances
(2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order deleting the substance from that Part and repealing the regulations made under section 93 with respect to the substance.
Marginal note:2017, c. 26, subpar. 63(d)(iv)(E)
30 Subsections 91(1) to (5) of the Act are replaced by the following:
Marginal note:Publication of proposed preventive or control actions
91 (1) Subject to subsections (2), (6) and (7), within two years after the publication of the Ministers’ statement under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, in respect of a substance is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1,
(a) the Minister shall publish in the Canada Gazette
(i) a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act, other than an instrument that may be made only by the Minister of Health, or
(ii) a statement — identifying a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under any other Act of Parliament other than an Act for whose administration the Minister of Health is responsible — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is to be made; or
(b) the Minister of Health shall publish in the Canada Gazette
(i) an instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made by that Minister under this Act, or
(ii) a statement identifying a regulation or instrument respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament for whose administration that Minister is responsible.
Marginal note:Exceptions
(2) Subsection (1) does not apply in respect of
(a) a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 in relation to which the measure the Ministers propose to take, as confirmed or amended, is a recommendation that the substance be added to the other Part; or
(b) a substance in relation to which a statement has been published under subparagraph 77(6)(c)(ii).
31 Subsection 92(1) of the Act is replaced by the following:
Marginal note:Publication of preventive or control actions
92 (1) Subject to subsection (2), within 18 months after the day on which a proposed regulation or instrument is published under subparagraph 91(1)(a)(i) or (b)(i) or subsection 91(6) or a statement identifying a proposed regulation or instrument is published under subparagraph 91(1)(a)(ii) or (b)(ii), unless a material substantive change is required to be made to that proposed regulation or instrument,
(a) a regulation or instrument respecting preventive or control actions in relation to a substance shall be made under this Act and published in the Canada Gazette;
(b) the Minister shall publish in the Canada Gazette a statement — identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is made; or
(c) the Minister of Health shall publish in the Canada Gazette a statement identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament for whose administration that Minister is responsible.
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.
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