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

Act current to 2020-05-17 and last amended on 2019-06-17. Previous Versions

PART 5Controlling Toxic Substances (continued)

Regulation of Toxic Substances (continued)

Marginal note:Regulations

 For the purposes of subsection 65(3), the Ministers may make regulations prescribing the quantity or concentration of a substance that may be released into the environment either alone or in combination with any other substance from any source or type of source.

Marginal note:Regulations

  •  (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,

    • (a) the quantity or concentration of the substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;

    • (b) the places or areas where the substance may be released;

    • (c) the commercial, manufacturing or processing activity in the course of which the substance may be released;

    • (d) the manner in which and conditions under which the substance may be released into the environment, either alone or in combination with any other substance;

    • (e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;

    • (f) the purposes for which the substance or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;

    • (g) the manner in which and conditions under which the substance or a product containing it may be imported, manufactured, processed or used;

    • (h) the quantities or concentrations in which the substance may be used;

    • (i) the quantities or concentrations of the substance that may be imported;

    • (j) the countries from or to which the substance may be imported or exported;

    • (k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;

    • (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing it;

    • (m) the total, partial or conditional prohibition of the 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;

    • (o) the manner in which, conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;

    • (p) the manner in which and conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;

    • (q) the packaging and labelling of the substance or a product containing it;

    • (r) the manner, conditions, places and method of disposal of the substance or a product containing it, 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;

    • (t) the maintenance of books and records for the administration of any regulation made under this section;

    • (u) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;

    • (v) the submission of samples of the substance to the Minister;

    • (w) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;

    • (x) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify

      • (i) any requirement for sampling, analyses, tests, measurements or monitoring, or

      • (ii) the conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and

    • (y) any other matter that by this Part is to be defined or prescribed or that is necessary to carry out the purposes of this Part.

  • Definition of sell

    (2) In this section, sell includes, in respect of a substance, the transfer of the physical possession or control of the substance.

  • Marginal note:Advice by Committee

    (3) Before a regulation is made under subsection (1), the Minister shall give the Committee an opportunity to advise the Ministers.

  • Marginal note:Substances regulated under other Acts of Parliament

    (4) The Governor in Council shall not make a regulation under subsection (1) in respect of a substance if, in the opinion of the Governor in Council, the regulation regulates an aspect of the substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health.

  • Marginal note:Amendment to the List of Toxic Substances in Schedule 1

    (5) A regulation made under subsection (1) with respect to a substance may amend the List of Toxic Substances in Schedule 1 so as to specify the type of regulation that applies with respect to the substance.

Marginal note:Interim orders

  •  (1) Where

    • (a) a substance

      • (i) is not specified on the List of Toxic Substances in Schedule 1 and the Ministers believe that it is toxic or capable of becoming toxic, or

      • (ii) is specified on that List and the Ministers believe that it is not adequately regulated, and

    • (b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health,

    the Minister may make an interim order in respect of the substance and the order may contain any provision that may be contained in a regulation made under subsection 93(1).

  • Marginal note:Effect of order

    (2) Subject to subsection (3), an interim order has effect

    • (a) from the time it is made; and

    • (b) as if it were a regulation made under section 93.

  • Marginal note:Approval of Governor in Council

    (3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.

  • Marginal note:Consultation

    (4) The Governor in Council shall not approve an interim order unless the Minister has

    • (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and

    • (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

  • Marginal note:Recommendation of regulations

    (5) Where the Governor in Council approves an interim order, the Ministers shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Ministers intend to recommend to the Governor in Council

    • (a) that a regulation having the same effect as the order be made under section 93; and

    • (b) if the order was made in respect of a substance that was not specified on the List of Toxic Substances in Schedule 1, that the substance be added to that List under section 90.

  • Marginal note:Contravention of unpublished order

    (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the date of the alleged contravention, that person had been notified of the interim order.

  • Marginal note:Cessation of effect

    (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

    • (a) the day it is repealed,

    • (b) the day a regulation referred to in subsection (5) is made, and

    • (c) two years after the order is made.

 
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