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

Assented to 2023-06-13

1999, c. 33Canadian Environmental Protection Act, 1999 (continued)

Amendments to the Act (continued)

54 Subsections 330(3) and (3.1) of the Act are repealed.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

Marginal note:Publication of proposed orders and regulations

  • 332 (1) The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in any of sections 66 to 66.2, 87, 105 to 105.2 and 112 or an interim order made under section 94, 163, 173, 183 or 200.1.

  • Marginal note:Notice of objection

    (2) Any person may file with the Minister comments, or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, within 60 days after the publication of

    • (a) a proposed order or regulation referred to in subsection (1);

    • (b) a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette; or

    • (c) a statement referred to in subparagraph 91(1)(a)(ii) or (b)(ii).

  • 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  • (2) Subsection 333(6) of the Act is repealed.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:Report — aboriginal peoples

342.1 The Minister shall include in the annual report required by section 342 information related to

  • (a) consultations with aboriginal peoples and aboriginal governments, including a summary of the key issues raised, in relation to matters under this Act;

  • (b) the administration of this Act in respect of aboriginal peoples and aboriginal governments, including the measures taken to advance reconciliation as reflected in section 35 of the Constitution Act, 1982 and in the United Nations Declaration on the Rights of Indigenous Peoples Act; and

  • (c) the key findings or recommendations of any report made under an Act of Parliament in respect of the administration of this Act and aboriginal peoples and aboriginal governments.

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,

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:

Marginal note:Risk to environment

11.1 It is prohibited for a person to sell, or to manufacture, prepare, preserve, package or store for sale, any drug that contains a prescribed substance, unless the Minister has conducted an assessment, in accordance with the regulations made under paragraph 30(1)(l.1), of the risk to the environment presented by the substance.

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

Marginal note:Information — serious environmental risk

  • 21.301 (1) If the Minister believes that a therapeutic product may present a serious risk to the environment, the Minister may order a person to provide the Minister with information that is in the person’s control and that the Minister believes is necessary to determine whether the product presents such a risk.

  • Marginal note:Disclosure — serious environmental risk

    (2) The Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the Minister believes that the product may present a serious risk to the environment.

  • Marginal note:Disclosure —  protection of the environment

    (3) The Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the purpose of the disclosure is related to the protection of the environment and the disclosure is to

    • (a) a government;

    • (b) a person from whom the Minister seeks advice; or

    • (c) a person who carries out functions relating to the protection of the environment, including the assessment and management of risks to the environment.

  • Marginal note:Definition of government

    (4) In this section, government has the same meaning as in subsection 21.1(4).

Marginal note:Labelling or packaging — serious risk to environment

21.302 The Minister may, if he or she believes that doing so is necessary to prevent a serious risk to the environment, order the holder of a therapeutic product authorization that authorizes the import or sale of a therapeutic product to modify the product’s label or to modify or replace its package.

Marginal note:Minister’s powers — serious risk to environment

  • 21.303 (1) If the Minister believes that a therapeutic product presents a serious or imminent risk to the environment, he or she may order a person who sells the product to

    • (a) recall the product; or

    • (b) send the product, or cause it to be sent, to a place specified in the order.

  • Marginal note:Subsections 21.3(2) to (6) apply

    (2) Subsections 21.3(2) to (6) apply, with any modifications that the circumstances require, in respect of any order made under subsection (1).

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

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

Marginal note:Power — information relating to environmental effects

21.33 Subject to the regulations, the Minister may, for the purpose of obtaining additional information about a therapeutic product’s effects on the environment, order the holder of a therapeutic product authorization to

  • (a) compile information or conduct tests, studies or monitoring in respect of the therapeutic product; and

  • (b) provide the Minister with the information or the results of the tests, studies or monitoring.

Marginal note:Statutory Instruments Act

  • 21.4 (1) For greater certainty, orders made under any of sections 21.1 to 21.33 are not statutory instruments within the meaning of the Statutory Instruments Act.

  • Marginal note:Availability of orders

    (2) The Minister shall ensure that any order made under any of sections 21.1 to 21.33 is publicly available.

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