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

Act current to 2022-05-02 and last amended on 2021-05-01. Previous Versions

PART 3Information Gathering, Objectives, Guidelines and Codes of Practice (continued)

Objectives, Guidelines and Codes of Practice (continued)

Marginal note:Formulation by the Minister of Health

  •  (1) For the purpose of carrying out the mandate of the Minister of Health related to preserving and improving public health under this Act, the Minister of Health shall issue objectives, guidelines and codes of practice with respect to the elements of the environment that may affect the life and health of the people of Canada.

  • Marginal note:Consultation

    (2) In carrying out the duties under subsection (1), the Minister of Health may consult with a government, a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the preservation and improvement of public health.

  • Marginal note:Publication

    (3) The Minister of Health shall publish any objectives, guidelines or codes of practice issued under this section, or give notice of them, in the Canada Gazette and in any other manner that the Minister of Health considers appropriate.

PART 4Pollution Prevention

Pollution Prevention Plans

Marginal note:Requirement for pollution prevention plans

  •  (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of a substance or group of substances specified on the List of Toxic Substances in Schedule 1, or to which subsection 166(1) or 176(1) applies.

  • Marginal note:Contents of notice

    (2) The notice may specify

    • (a) the substance or group of substances in relation to which the plan is to be prepared;

    • (b) the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;

    • (c) the factors to be considered in preparing the plan;

    • (d) the period within which the plan is to be prepared;

    • (e) the period within which the plan is to be implemented; and

    • (f) any administrative matter necessary for the purposes of this Part.

  • Marginal note:Extension of time

    (3) Where the Minister is of the opinion that further time is necessary to prepare or implement the plan, the Minister may extend the period for a person who submits a written request before the expiry of the period referred to in the notice or of any extended period.

  • Marginal note:Publication of notice of extension

    (4) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or implementation of the plan, and the duration of the period of the extension.

  • Marginal note:Application for waiver

    (5) On a written request submitted by any person to whom a notice under subsection (1) is directed, the Minister may waive the requirement for that person to consider a factor specified under paragraph (2)(c) where the Minister is of the opinion that it is not reasonable or practicable to consider the factor on the basis of reasons provided in the request.

Marginal note:Plan prepared or implemented for another purpose

  •  (1) Subject to subsection (2), where a person who is required to prepare or implement a pollution prevention plan under a notice published under section 56 has prepared or implemented a plan in respect of pollution prevention on a voluntary basis or for another government or under another Act of Parliament that meets all or some of the requirements of the notice, the person may use that plan for the purposes of meeting the requirements of this Part and, in that case, the plan shall be considered to be a pollution prevention plan that has been prepared or implemented under this Part.

  • Marginal note:Where partial requirements met

    (2) Where a person uses a plan under subsection (1) that does not meet all of the requirements of the notice, the person shall

    • (a) amend the plan so that it meets all of those requirements; or

    • (b) prepare an additional pollution prevention plan that meets the remainder of those requirements.

Marginal note:Declaration of preparation

  •  (1) Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the end of the period for the preparation of the plan specified in the notice referred to in subsection 56(1) or extended under subsection 56(3), or specified by the court under section 291 or in the agreement, as the case may be, a written declaration to the Minister that the plan has been prepared and is being implemented.

  • Marginal note:Declaration of implementation

    (2) Every person who is required to implement a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the completion of the implementation of the plan, a written declaration to the Minister that the implementation of the plan has been completed.

  • Marginal note:Filing of amended declaration

    (3) Where a person has filed a declaration under subsection (1) or (2) and the declaration contains information that, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after that time.

  • Marginal note:Form of declaration

    (4) A declaration referred to in subsection (1), (2) or (3) shall be filed in the form and manner and contain the information specified by the Minister.

Marginal note:Requirement to keep plan

 Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared.

Marginal note:Requirement to submit certain plans

  •  (1) The Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice who are required to prepare and implement a pollution prevention plan under section 56 to submit, within the period specified by the Minister, the plan or any part of the plan for the purpose of determining and assessing preventive or control actions in respect of a substance or group of substances.

  • Marginal note:Submission of plans required by court or agreement

    (2) The Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice who are required to prepare and implement a pollution prevention plan under section 291 or under an agreement in respect of environmental protection alternative measures to submit, within the period specified by the Minister, the plan or any part of the plan.

Model Plans and Guidelines

Marginal note:Model plans

 For the purpose of providing guidance in the preparation of a pollution prevention plan, the Minister may publish in the Canada Gazette or in any other manner that the Minister considers appropriate a model pollution prevention plan or a notice stating where a copy of the plan may be obtained.

Marginal note:Guidelines

  •  (1) The Minister shall, with particular consideration of paragraph 2(1)(m), develop guidelines respecting the circumstances in which and the conditions under which pollution prevention planning is appropriate.

  • Marginal note:Consultation

    (2) In carrying out the duties under subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment.

  • Marginal note:Minister may act

    (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.

Other Initiatives

Marginal note:Information clearing-house

  •  (1) The Minister may, for the purposes of encouraging and facilitating pollution prevention, establish and maintain a national pollution prevention information clearing-house in order to collect, exchange and distribute information relating to pollution prevention.

  • Marginal note:Recognition program

    (2) The Minister may establish a program to publicly recognize significant achievements in the area of pollution prevention.

  • Marginal note:Cooperation with other bodies

    (3) The Minister may, in exercising the powers conferred by subsections (1) and (2), act alone or in cooperation with any government in Canada or government of a foreign state or any of its institutions or any person.

PART 5Controlling Toxic Substances

Interpretation

Marginal note:Toxic substances

 For the purposes of this Part and Part 6, except where the expression “inherently toxic” appears, a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that

  • (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;

  • (b) constitute or may constitute a danger to the environment on which life depends; or

  • (c) constitute or may constitute a danger in Canada to human life or health.

Marginal note:Definition of virtual elimination

  •  (1) In this Part, virtual elimination means, in respect of a toxic substance released into the environment as a result of human activity, the ultimate reduction of the quantity or concentration of the substance in the release below the level of quantification specified by the Ministers in the List referred to in subsection (2).

  • Marginal note:Virtual Elimination List

    (2) The Ministers shall compile a list to be known as the Virtual Elimination List, and the List shall specify the level of quantification for each substance on the List.

  • Marginal note:Implementing virtual elimination

    (3) When the level of quantification for a substance has been specified on the List referred to in subsection (2), the Ministers shall prescribe 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, and, in doing so, shall take into account any factor or information provided for in section 91, including environmental or health risks and any other relevant social, economic or technical matters.

  • 1999, c. 33, s. 65
  • 2017, c. 26, s. 63(E)

Definition of level of quantification

 In section 65, level of quantification means, in respect of a substance, the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods.

General

Marginal note:Domestic Substances List

  •  (1) The Minister shall, for the purposes of sections 73, 74 and 81, maintain a list to be known as the Domestic Substances List, and the List shall specify all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986,

    • (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or

    • (b) in Canadian commerce or used for commercial manufacturing purposes in Canada.

  • Marginal note:Non-domestic Substances List

    (2) The Minister shall, for the purpose of section 81, maintain a list to be known as the Non-domestic Substances List, and the List shall specify substances, other than

    • (a) the substances referred to in subsection (1); and

    • (b) living organisms within the meaning of Part 6.

  • Marginal note:Amendment of Lists

    (3) Where a substance was not included on the Domestic Substances List and the Minister subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were met in respect of the substance, the Minister shall add the substance to the List and, where necessary, delete it from the Non-domestic Substances List.

  • Marginal note:Amendment of Lists

    (4) Where the Minister includes a substance on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were not met in respect of the substance, the Minister shall delete the substance from the List and may add it to the Non-domestic Substances List.

  • Marginal note:Publication of Lists

    (5) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate the Domestic Substances List, the Non-domestic Substances List and any amendments to those Lists.

  • 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.

Marginal note:Regulation of criteria

  •  (1) The Governor in Council may, on the recommendation of the Ministers, make regulations

    • (a) respecting a property or characteristic of a substance, including, without limiting the generality of the foregoing, persistence and bioaccumulation;

    • (b) prescribing the substances or groups of substances in respect of which the property or characteristic may be applicable;

    • (c) prescribing the conditions under which and the circumstances in which the property or characteristic may be applicable; and

    • (d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic.

  • Marginal note:Condition

    (2) No regulation that is applicable to a mineral or metal may be made under subsection (1) unless, in the opinion of the Ministers, the natural occurrence, properties and characteristics of that mineral or metal in the environment have been taken into consideration.

  • 1999, c. 33, s. 67
  • 2001, c. 34, s. 28(F)

Marginal note:Research, investigation and evaluation

 For the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1, either Minister may

  • (a) collect or generate data and conduct investigations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing,

    • (i) whether short-term exposure to the substance causes significant effects,

    • (ii) the potential of organisms in the environment to be widely exposed to the substance,

    • (iii) whether organisms are exposed to the substance via multiple pathways,

    • (iv) the ability of the substance to cause a reduction in metabolic functions of an organism,

    • (v) the ability of the substance to cause delayed or latent effects over the lifetime of an organism,

    • (vi) the ability of the substance to cause reproductive or survival impairment of an organism,

    • (vii) whether exposure to the substance has the potential to contribute to population failure of a species,

    • (viii) the ability of the substance to cause transgenerational effects,

    • (ix) quantities, uses and disposal of the substance,

    • (x) the manner in which the substance is released into the environment,

    • (xi) the extent to which the substance can be dispersed and will persist in the environment,

    • (xii) the development and use of alternatives to the substance,

    • (xiii) methods of controlling the presence of the substance in the environment, and

    • (xiv) methods of reducing the quantity of the substance used or produced or the quantities or concentration of the substance released into the environment;

  • (b) correlate and evaluate any data collected or generated under paragraph (a) and publish results of any investigations carried out under that paragraph; and

  • (c) provide information and make recommendations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing, measures to control the presence of the substance in the environment.

 
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