Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Export of Substances

Marginal note:Export Control List

100 The Ministers may, by order,

• (a) add to Part 1 of the Export Control List in Schedule 3 any substance the use of which is prohibited in Canada by or under an Act of Parliament, and delete any substance from that Part;

• (b) add to Part 2 of the Export Control List in Schedule 3 any substance that is subject to an international agreement that requires notification or requires the consent of the country of destination before the substance is exported from Canada, and delete any substance from that Part; and

• (c) add to Part 3 of the Export Control List in Schedule 3 any substance the use of which is restricted in Canada by or under an Act of Parliament, and delete any substance from that Part.

Marginal note:Notice to Minister

• 101 (1) Subject to subsection (4), no person shall export a substance specified in the Export Control List in Schedule 3 unless the person provides prior notice of the proposed export to the Minister in accordance with the regulations made under subsection 102(1).

• Marginal note:Restrictions on export

  (2) Subject to subsection (4), no person shall export a substance specified in Part 1 of the Export Control List in Schedule 3 unless the export of the substance

  • (a) is for the purpose of destroying the substance or complying with a direction under subparagraph 99(b)(iii); and

  • (b) is done in accordance with any regulations made under subsection 102(1).

• Marginal note:Restrictions on export

  (3) Subject to subsection (4), no person shall export a substance specified in Part 2 or 3 of the Export Control List in Schedule 3 unless the export of the substance is done in accordance with any regulations made under subsection 102(1).

• Marginal note:Total prohibition on export

  (4) No person shall export a substance specified in the Export Control List in Schedule 3 if the export of the substance is prohibited by a regulation made under subsection 102(2).

Marginal note:Regulations respecting exports

• 102 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations in relation to substances specified in the Export Control List in Schedule 3

  • (a) respecting the information that must be given to the Minister regarding an export of such a substance, the time when or period within which the information must be given, and the manner in which it must be given;

  • (b) respecting the information that must accompany an export of such a substance and the manner in which it must accompany the substance;

  • (c) respecting conditions under which a person may export such a substance;

  • (d) respecting the information that must be kept by a person who exports such a substance and the manner in which, the period for which and the place where the information must be kept; and

  • (e) generally for carrying out the purposes of section 101.

• Marginal note:Regulations prohibiting exports

  (2) The Governor in Council may, on the recommendation of the Ministers, make regulations prohibiting the export of a substance specified in the Export Control List in Schedule 3.

Marginal note:Publication of exports

103 If a person exports a substance specified in the Export Control List in Schedule 3, the Minister shall publish in the Environmental Registry the name or specifications of the substance, the name of the exporter and the name of the country of destination.

PART 6Animate Products of Biotechnology

Marginal note:Definitions

104 The definitions in this section apply in this Part.

living organism

living organism means a substance that is an animate product of biotechnology. (organisme vivant)

significant new activity

significant new activity includes, in respect of a living organism, any activity that results or may result in

• (a) the entry or release of the living organism into the environment in a quantity or concentration that, in the Ministers’ opinion, is significantly greater than the quantity or concentration of the living organism that previously entered or was released into the environment; or

• (b) the entry or release of the living organism into the environment or the exposure or potential exposure of the environment to the living organism in a manner and circumstances that, in the Ministers’ opinion, are significantly different from the manner and circumstances in which the living organism previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the living organism. (nouvelle activité)

Marginal note:Adding living organisms to Domestic Substances List

• 105 (1) The Minister shall, for the purpose of section 106, add to the Domestic Substances List maintained under section 66 any living organism if the Minister is satisfied that, between January 1, 1984 and December 31, 1986, the living organism

  • (a) was manufactured in or imported into Canada by any person; and

  • (b) entered or was released into the environment without being subject to conditions under this or any other Act of Parliament or of the legislature of a province.

• Marginal note:Amendment of List

  (2) Where the Minister includes a living organism on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraphs (1)(a) and (b) were not met, the Minister shall delete the substance from the List.

• Marginal note:Publication of List

  (3) The Minister shall publish in the Canada Gazette the Domestic Substances List and any amendment to the List.

• Marginal note:Designation

  (4) 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.

Marginal note:Domestic Substances List — Food and Drugs Act

• 105.1 (1) The Minister may, for the purpose of section 106, add a living organism to the Domestic Substances List if

  • (a) the living organism was included on the version of the Revised In Commerce List that was prepared by the Minister of Health after the end, on November 3, 2019, of acceptance of substance nominations to that List and that is referred to in the Canada Gazette, Part I, Volume 152, Number 44, as the static list; and

  • (b) no conditions specified under paragraph 109(1)(a) in respect of the living organism are in effect.

• Marginal note:Designation

  (2) The Minister may, by order, designate any person or class of persons to exercise the power set out in subsection (1).

Marginal note:Amendment of List

• 105.2 (1) If the Minister is satisfied that a living organism added to the Domestic Substances List under subsection 105(1), 105.1(1) or 112(1) is not being manufactured in Canada or imported into Canada the Minister may delete the living organism from the List.

• Marginal note:Publication — notice of intent

  (2) Before deleting a living organism from the Domestic Substances List under subsection (1), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice indicating the Minister’s intention to delete it from the List.

• Marginal note:Comments

  (3) Within 60 days after the publication of the notice, any person may file written comments with the Minister.

• Marginal note:Designation

  (4) 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.

Marginal note:Manufacture or import of living organisms

• 106 (1) Where a living organism is not specified on the Domestic Substances List, no person shall manufacture or import the living organism unless

  • (a) the prescribed information with respect to the living organism, accompanied by the prescribed fee, has been provided by that person to the Minister on or before the prescribed date; and

  • (b) the period for assessing the information under section 108 has expired.

• (2) [Repealed, 2017, c. 26, s. 26]

• Marginal note:Notification of significant new activity in respect of living organism on List

  (3) Where a living organism is specified on the Domestic Substances List with an indication that this subsection applies with respect to the living organism, no person shall use, manufacture or import the living organism for a significant new activity that is indicated on the List with respect to the living organism unless

  • (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and

  • (b) the period for assessing the information specified by the Minister or provided under section 108 has expired.

• Marginal note:Notification of significant new activity in respect of living organism not on List

  (4) Where a living organism is not specified on the Domestic Substances List and the Minister publishes a notice in the Canada Gazette indicating that this subsection applies with respect to the living organism, no person shall use the living organism for a significant new activity that is indicated in the notice unless

  • (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and

  • (b) the period for assessing the information specified by the Minister or provided under section 108 has expired.

• Marginal note:Transfer of rights in respect of substance

  (5) Where prescribed information with respect to a substance has been provided under subsection (1), (3) or (4) by a person who subsequently transfers the right or privilege in relation to the substance for which the information was provided, the information is, subject to any conditions that may be prescribed, deemed to have been provided by the transferee of that right or privilege.

• Marginal note:Application

  (6) Subsections (1), (3) and (4) do not apply to

  • (a) a living organism that is manufactured or imported for a use that is regulated under any other Act of Parliament that provides for notice to be given before the manufacture, import or sale of the living organism and for an assessment of whether it is toxic or capable of becoming toxic;

  • (b) a living organism that is manufactured, used or imported under the conditions and in the circumstances prescribed as exempt from this section; or

  • (c) impurities and contaminants related to the preparation of a living organism.

• Marginal note:Governor in Council may amend Schedule 4

  (7) For the purposes of the administration of this section, the Governor in Council has the exclusive responsibility for determining whether or not the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, and

  • (a) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, the Governor in Council may by order add to Schedule 4 the name of that Act or those regulations, as the case may be, and the fact that an Act or regulations are listed in Schedule 4 is conclusive proof that the requirements referred to in paragraph (6)(a) are met; and

  • (b) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are no longer met by or under an Act of Parliament, or regulations, listed in Schedule 4, the Governor in Council may by order delete from Schedule 4 the name of that Act or those regulations, as the case may be.

• Marginal note:Waiver of information requirements

  (8) On the request of any person to whom subsection (1), (3) or (4) applies, the Minister may waive any of the requirements to provide information under that subsection if

  • (a) in the opinion of the Ministers, the information is not needed in order to determine whether the living organism is toxic or capable of becoming toxic;

  • (b) a living organism is to be used for a prescribed purpose or manufactured at a location where, in the opinion of the Ministers, the person requesting the waiver is able to contain the living organism so as to satisfactorily protect the environment and human health; or

  • (c) it is not, in the opinion of the Ministers, practicable or feasible to obtain the test data necessary to generate the information.

• Marginal note:Publication of notice of waiver

  (9) The Minister shall, as soon as possible in the circumstances, publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.

• Marginal note:Compliance with waiver

  (10) Where the Minister waives any of the requirements for information under paragraph (8)(b), the person to whom the waiver is granted shall not use, manufacture or import the living organism unless it is for the purpose prescribed by regulations made under paragraph 114(1)(f) or at the location specified in the request for the waiver, as the case may be.

• Marginal note:Correction of information

  (11) A person who has provided information under this section, including for the purposes of a request for a waiver under subsection (8), or under section 107 or 109 shall notify the Minister of any corrections to the information as soon as possible after learning of them.

• Marginal note:Request for information previously waived

  (12) Where the Minister is notified of any corrections to information that was provided for the purposes of a request for a waiver under subsection (8), the Minister may, after consideration by the Ministers of those corrections, require the person to whom the waiver was granted to provide the Minister with the information to which the waiver related within the time specified by the Minister.

• Marginal note:Application of section 109

  (13) Where the Ministers suspect, after considering

  • (a) any corrections received under subsection (11), or

  • (b) the information provided under subsection (12),

  that a living organism is toxic or capable of becoming toxic, the Minister may exercise any of the powers referred to in paragraphs 109(1)(a) to (c).