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

Marginal note:Notice of objection

• 78 (1) Subject to subsections (2) to (4), where a substance has been specified on the Priority Substances List for a period of five years and the Ministers have not yet determined whether the substance is toxic or capable of becoming toxic, any person may file a notice of objection with the Minister requesting that a board of review be established under section 333.

• Marginal note:Notice of suspension of five year period

  (2) Where a substance is specified on the Priority Substances List and the Ministers are satisfied that new or additional information is required to assess whether the substance is toxic or capable of becoming toxic, the Minister shall publish a notice in the Canada Gazette indicating

  • (a) that the period of five years referred to in subsection (1) is suspended and the duration of the suspension; and

  • (b) the new or additional information that is required to assess whether the substance is toxic or capable of becoming toxic, unless another provision of this Part requires the submission of the new or additional information.

• Marginal note:Contents of notice

  (3) Where a notice is published under subsection (2), the operation of subsection (1) in relation to the substance is suspended until the earlier of

  • (a) the expiry of the period determined by the Ministers, notice of which is given in the Canada Gazette, and

  • (b) the time when the required information becomes available to the Ministers.

• Marginal note:Notice of objection after a suspension

  (4) Where a notice is published under subsection (2) and the Ministers have not yet determined whether the substance is toxic or capable of becoming toxic within a period of two years after the date on which the suspension referred to in the notice ends, any person may file a notice of objection with the Minister requesting that a board of review be established under section 333.

Marginal note:Plans required for virtual elimination

• 79 (1) Where the Minister publishes in the Canada Gazette under subsection 77(6) a statement indicating that the proposed measure, as confirmed or amended, is the implementation of virtual elimination under subsection 65(3) in respect of a substance, the Minister shall in that statement require any person who is described in it to prepare and submit to the Minister a plan in respect of the substance in relation to the work, undertaking or activity of the person.

• Marginal note:Content of plan

  (2) Every person who is required to prepare and submit a plan under subsection (1)

  • (a) shall include in it a description of the proposed actions in respect of the implementation of virtual elimination under subsection 65(3) of the substance in relation to the work, undertaking or activity of the person and the period within which the proposed actions are to be completed; and

  • (b) may include in it relevant information respecting measurable quantities or concentrations of the substance, environmental or health risks and social, economic or technical matters.

• Marginal note:Compliance with statement

  (3) Every person to whom a statement referred to in subsection (1) is directed shall comply with it within the period specified in the statement.

• Marginal note:Time delay

  (4) The period of time to be specified in the statement shall begin no earlier than the date on which an order is made under subsection 90(1) adding the substance to the List of Toxic Substances in Schedule 1.

Substances and Activities New to Canada

Marginal note:Definitions

80 The definitions in this section apply in sections 81 to 89.

significant new activity

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

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

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

substance

substance means a substance other than a living organism within the meaning of Part 6. (substance)

Marginal note:Manufacture or import of substances

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

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

  • (b) the period for assessing the information under section 83 has expired.

• (2) [Repealed, 2017, c. 26, s. 23]

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

  (3) Where a substance is specified on the Domestic Substances List with an indication that this subsection applies with respect to the substance, no person shall use, manufacture or import the substance for a significant new activity that is indicated on the List with respect to the substance 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 83 has expired.

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

  (4) Where a substance 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 substance, no person shall use the substance 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 83 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 substance 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 substance and for an assessment of whether it is toxic or capable of becoming toxic;

  • (b) transient reaction intermediates that are not isolated and are not likely to be released into the environment;

  • (c) impurities, contaminants and partially unreacted materials the formation of which is related to the preparation of a substance;

  • (d) substances produced when a substance undergoes a chemical reaction that is incidental to the use to which the substance is put or that results from storage or from environmental factors; or

  • (e) a substance that is manufactured, used or imported in a quantity that does not exceed the maximum quantity prescribed as exempt from this section.

• Marginal note:Governor in Council may amend Schedule 2

  (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 2 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 2 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 2, the Governor in Council may by order delete from Schedule 2 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 substance is toxic or capable of becoming toxic;

  • (b) the substance 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 substance 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 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 substance unless it is for the purpose prescribed pursuant to regulations made under paragraph 89(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 82 or 84 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 the 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 84

  (13) Where the Ministers suspect, after considering

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

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

  that a substance is toxic or capable of becoming toxic, the Minister may exercise any of the powers referred to in paragraphs 84(1)(a) to (c).

• Marginal note:Notification of excess quantity

  (14) Where a person manufactures or imports a substance in accordance with this section in excess of any quantity referred to in paragraph 87(1)(b), the person shall, within 30 days after the quantity is exceeded, notify the Minister that it has been exceeded.

Marginal note:Prohibition of activity

• 82 (1) Where the Minister has reasonable grounds to believe that a person has used, manufactured or imported a substance in contravention of subsection 81(1), (3) or (4), the Minister may, in writing, require the person to provide the information referred to in that subsection and prohibit any activity involving the substance until the expiry of the period for assessing the information under section 83.

• Marginal note:Waiver of information requirements

  (2) On the request of any person required under subsection (1) to provide information, the Minister may waive any of the requirements for prescribed information if one of the conditions specified in paragraphs 81(8)(a) to (c) is met and, in that case, subsections 81(9) to (13) apply with respect to the waiver.

• (3) [Repealed, 2017, c. 26, s. 24]

Marginal note:Assessment of information

• 83 (1) Subject to subsection (4), the Ministers shall, within the prescribed assessment period, assess information provided under subsection 81(1), (3) or (4) or paragraph 84(1)(c) or otherwise available to them in respect of a substance in order to determine whether it is toxic or capable of becoming toxic.

• Marginal note:Assessment of information

  (2) Subject to subsections (3) and (4), the Ministers shall assess information provided under subsection 82(1) or otherwise available to them in respect of a substance in order to determine whether it is toxic or capable of becoming toxic.

• Marginal note:Time for assessment

  (3) An assessment of information under subsection (2) shall be made following the date on which the information is provided within a period that does not exceed the number of days in the prescribed assessment period.

• Marginal note:Extension of assessment period

  (4) Where the Ministers are of the opinion that further time is necessary to assess any information, the Minister may, before the expiry of the assessment period referred to in subsection (1) or (3), extend the period for assessing the information, but the extension shall not exceed the number of days in the prescribed assessment period.

• Marginal note:Notification of extension

  (5) Where the Minister extends the period for assessing information, the Minister shall, before the expiry of the assessment period referred to in subsection (1) or (3), notify the person who provided the information.

• Marginal note:Termination of period

  (6) The Minister may, before the expiry of the assessment period referred to in subsection (1) or (3), terminate the period for assessing information and, immediately before doing so, shall notify the person who provided the information.

Marginal note:Action to be taken after assessment

• 84 (1) Where the Ministers have assessed any information under section 83 and they suspect that a substance is toxic or capable of becoming toxic, the Minister may, before the expiry of the period for assessing the information,

  • (a) permit any person to manufacture or import the substance, subject to any conditions that the Ministers may specify;

  • (b) prohibit any person from manufacturing or importing the substance; or

  • (c) request any person to provide any additional information or submit the results of any testing that the Ministers consider necessary for the purpose of assessing whether the substance is toxic or capable of becoming toxic.

• Marginal note:Additional information or testing

  (2) Where the Minister requests additional information or test results under paragraph (1)(c), the person to whom the request is directed shall not manufacture or import the substance unless

  • (a) the person provides the additional information or submits the test results; and

  • (b) the period for assessing information under section 83 has expired or a period of 90 days after the additional information or test results were provided has expired, whichever is later.

• Marginal note:Variation of conditions and prohibitions

  (3) The Minister may vary or rescind a condition or prohibition specified or imposed under paragraph (1)(a) or (b).

• Marginal note:Expiry of prohibition

  (4) Any prohibition on the manufacture or importation of a substance imposed under paragraph (1)(b) expires two years after it is imposed unless, before the expiry of the two years, the Governor in Council publishes in the Canada Gazette a notice of proposed regulations under section 93 in respect of the substance, in which case the prohibition expires on the day the regulations come into force.

• Marginal note:Publication of conditions and prohibitions

  (5) Where the Minister specifies, imposes, varies or rescinds any condition for or prohibition on the manufacture or importation of a substance, the Minister shall publish in the Canada Gazette a notice setting out the condition or prohibition and the substance in respect of which it applies.