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)
44.1 Subsection 114(1) of the Act is amended by adding the following after paragraph (g):
(g.1) prescribing a living organism or group of living organisms for the purpose of subsection 108.1(1);
45 Paragraphs 199(1)(a) and (b) of the Act are replaced by the following:
(a) a substance or group of substances specified in Part 1 or 2 of the list of toxic substances in Schedule 1; or
(b) a substance or group of substances in relation to which there has been published in the Canada Gazette
(i) a statement of the Ministers under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, or
(ii) a copy of an order proposed to be made under subsection 90(1).
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:
(a) there can be found in the place a substance with respect to which this Act applies, a product that contains such a substance or a product that may release such a substance into the environment;
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:
Marginal note:Prohibition of disclosure
314 The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with any of sections 315 to 317.2.
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:
Marginal note:Disclosure — substance
317.1 (1) The Minister may disclose the explicit chemical or biological name of a substance in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures:
(a) to permit, under paragraph 84(1)(a), the manufacture or importation of the substance, subject to any conditions that are specified;
(b) to prohibit the manufacture or importation of the substance under paragraph 84(1)(b);
(c) to publish, in respect of the substance, a notice under subsection 85(1) or (4); or
(d) to amend the Domestic Substances List in respect of the substance under subsection 87(3) or (4.1).
Marginal note:Disclosure — living organism
(2) The Minister may disclose the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures:
(a) to permit, under paragraph 109(1)(a), the manufacture or importation of the living organism, subject to any conditions that are specified;
(b) to prohibit the manufacture or importation of the living organism under paragraph 109(1)(b);
(c) to publish, in respect of the living organism, a notice under subsection 110(1) or (4); or
(d) to amend the Domestic Substances List in respect of the living organism under subsection 112(3) or (5).
Marginal note:Disclosure — Ministers’ recommendation
(3) The Minister shall disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Ministers recommend or have recommended to the Governor in Council the addition of the substance or the living organism to Part 1 or 2 of the list of toxic substances in Schedule 1 under subsection 90(1).
Marginal note:Disclosure after expiry
317.2 (1) The Minister may disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism after the expiry of a period of 10 years after the day on which a request for confidentiality under section 313 is made.
Marginal note:Publication — notice of intent
(2) The Minister shall publish a notice in the Canada Gazette of the Minister’s intention to disclose the explicit chemical or biological name under subsection (1) at least 60 days before the proposed disclosure.
Marginal note:Comments
(3) Within 60 days after the publication of the notice, the person who made the request for confidentiality or the person’s successor or assign may file with the Minister comments respecting
(a) whether the public interest in the disclosure of the name clearly outweighs in importance
(i) any material financial loss or prejudice to the competitive position of the person or the person’s successor or assign, and
(ii) any damage to the privacy, reputation or human dignity of any person that may result from the disclosure of that name; and
(b) whether the disclosure is prohibited under section 20 of the Access to Information Act.
Marginal note:Notice of disclosure
(4) At least 24 hours before disclosing the name under subsection (1), the Minister shall give notice of the proposed disclosure to the person who made the request for confidentiality or the person’s successor or assign. The notice is not required if the person to whom it is to be given cannot be found after reasonable efforts have been made to do so.
Marginal note:Emergency
(5) If an emergency exists, subsections (2) and (3) do not apply and the notice of disclosure required in subsection (4) may be given later than the time provided for in that subsection.
Marginal note:Report to Parliament
317.3 The Minister shall include in the annual report required by section 342 a report respecting the explicit chemical or biological names of substances and the explicit biological names of living organisms disclosed under section 317.1 or 317.2.
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