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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 5Controlling Toxic Substances (continued)

Substances and Activities New to Canada (continued)

Marginal note:Significant new activity

  •  (1) Where the Ministers have assessed any information under section 83 in respect of a substance that is not on the Domestic Substances List and they suspect that a significant new activity in relation to the substance may result in the substance becoming toxic, the Minister may, within 90 days after the expiry of the period for assessing the information, publish in the Canada Gazette, and in any other manner that the Minister considers appropriate, a notice indicating that subsection 81(4) applies with respect to the substance.

  • Marginal note:Variation or revocation

    (2) The Minister may, by notice published in the Canada Gazette, vary the significant new activities in relation to a substance for which a notice has been given under subsection (1) or indicate that subsection 81(4) no longer applies with respect to that substance.

  • Marginal note:Contents of notice

    (3) A notice referred to in subsection (1) or (2) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance in respect of which subsection 81(4) is to apply, and if regulations in respect of those significant new activities are not made under paragraphs 89(1)(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date within which it is to be provided and the period within which it is to be assessed under section 83.

Marginal note:Notification of persons required to comply

 Where a notice is published in the Canada Gazette under subsection 85(1) in respect of a substance, every person who transfers the physical possession or control of the substance shall notify all persons to whom the possession or control is transferred of the obligation to comply with subsection 81(4).

Marginal note:Amendment of Lists

  •  (1) The Minister shall add a substance to the Domestic Substances List and, if it appears on the Non-domestic Substances List, delete it from that List, within 120 days after the following conditions are met:

    • (a) the Minister has been provided with information in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1);

    • (b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of

      • (i) 1 000 kg in any calendar year,

      • (ii) an accumulated total of 5 000 kg, or

      • (iii) the quantity prescribed for the purposes of this section; and

    • (c) the period for assessing the information under section 83 has expired; and

    • (d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.

  • Marginal note:Amendment of Lists

    (2) Where the Minister adds a substance to the Domestic Substances List and subsequently learns that the substance was not manufactured or imported as described in subsection (1), the Minister shall delete the substance from the Domestic Substances List, and if it has been deleted from the Non-domestic Substances List, the Minister shall add it to that List.

  • Marginal note:Significant new activity

    (3) Where a substance is on the Domestic Substances List or is to be added to the List under subsection (1), the Minister may amend the List in respect of the substance to indicate that subsection 81(3) applies with respect to the substance or that it no longer applies or by varying the significant new activities in relation to the substance in respect of which subsection 81(3) is to apply.

  • Marginal note:Contents of amendment

    (4) An amendment referred to in subsection (3) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance in respect of which subsection 81(3) is to apply, and if regulations in respect of those significant new activities are not made under paragraphs 89(1)(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date within which it is to be provided and the period within which it is to be assessed under section 83.

  • Marginal note:Amendments of Lists

    (5) Despite subsection (1), the Minister shall add a substance to the Domestic Substances List and, if it appears on the Non-Domestic Substances List, delete it from that List, within 120 days after the following conditions are met:

    • (a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information;

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

    • (c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.

Marginal note:Publication of masked name

 Where the publication under this Part of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of section 314, the substance shall be identified by a name determined in the prescribed manner.

Marginal note:Regulations

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

    • (a) respecting substances or establishing groups of substances for the purposes of the provision of information under section 81 or 82, including groups of inanimate biotechnology products, polymers, research and development substances and substances manufactured only for export;

    • (b) prescribing maximum exempt quantities for the purpose of paragraph 81(6)(e);

    • (c) respecting the information to be provided to the Minister under subsection 81(1), (3) or (4) or section 82;

    • (d) prescribing dates on or before which information shall be provided under subsection 81(1), (3) or (4);

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

    • (f) prescribing the purpose for which a substance must be used so as to permit the waiver of information requirements under subsection 81(8);

    • (g) prescribing periods within which the Ministers shall assess information under subsection 83(1);

    • (h) respecting the conditions, test procedures and laboratory practices to be followed in developing test data on a substance in order to comply with the information requirements of section 81 or 82 or requests for information under paragraph 84(1)(c);

    • (i) prescribing quantities for the purpose of section 87;

    • (i.1) prescribing information that shall be provided to the Minister under subsection 87(5);

    • (j) prescribing the manner of determining a name for a substance for the purpose of section 88; and

    • (k) generally for carrying out the purposes and provisions of sections 66 and 80 to 88.

  • Marginal note:Prescribed assessment period

    (2) For the purposes of sections 81 and 83, where no assessment period is prescribed or specified with respect to a substance, the prescribed assessment period is 90 days after the Minister is provided with the prescribed information.

  • Marginal note:Prescription of quantities

    (3) Regulations made under paragraph (1)(b) or (i) may prescribe quantities in respect of a substance in terms of

    • (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a); or

    • (b) the purposes for which the substance is manufactured or imported.

  • Marginal note:Prescription of information and assessment periods

    (4) Regulations made under paragraph (1)(c), (d) or (g) may prescribe information, dates or periods in respect of a substance in terms of

    • (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a);

    • (b) the purposes for which the substance is manufactured or imported; or

    • (c) the quantity in which the substance is manufactured or imported.

  • 1999, c. 33, s. 89
  • 2017, c. 26, s. 25

Regulation of Toxic Substances

Marginal note:Addition to List of Toxic Substances

  •  (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an order adding the substance to the List of Toxic Substances in Schedule 1.

  • Marginal note:Priority

    (1.1) In developing proposed regulations or instruments respecting preventive or control actions in relation to substances specified on the List of Toxic Substances in Schedule 1, the Ministers shall give priority to pollution prevention actions.

  • Marginal note:Deletion from List

    (2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified on the List of Toxic Substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order

    • (a) deleting the substance from the List and deleting the type of regulations specified in the List as being applicable with respect to the substance; and

    • (b) repealing the regulations made under section 93 with respect to the substance.

  • Marginal note:Order subject to conditions

    (3) Where a board of review is established under section 333 in relation to a substance, no order may be made under subsection (1) or (2) in relation to the substance until the board’s report is received by the Ministers.

Marginal note:Publication of proposed regulation or instrument

  •  (1) Subject to subsections (6) and (7), a proposed regulation or instrument respecting preventive or control actions in relation to a substance shall be published by the Minister in the Canada Gazette within two years after the publication of the Ministers’ statement under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1.

  • Marginal note:Timeframes in relation to virtual elimination

    (2) A proposed regulation or instrument in respect of preventive or control actions in relation to a substance for which a statement has been published under subsection 77(6) indicating that the measure proposed by the Ministers is the implementation of virtual elimination under subsection 65(3) shall specify the dates on which the preventive or control actions are to take effect.

  • Marginal note:Measurable quantity or concentration

    (3) In establishing the quantity or concentration that is measurable in relation to a substance for the purposes of a proposed regulation or instrument referred to in subsection (2), the Ministers shall take into consideration information concerning sensitive and readily available analytical methods and any relevant information contained in plans referred to in subsection 79(2).

  • Marginal note:Additional measures in relation to virtual elimination

    (4) The Minister shall, where applicable, publish in the Canada Gazette a statement accompanying the proposed regulation or instrument for a substance referred to in subsection (2) describing any additional measures that the Ministers intend to recommend with respect to the implementation of virtual elimination under subsection 65(3) and summarizing their reasons for so intending.

  • Marginal note:Considerations in relation to virtual elimination

    (5) In determining the preventive or control actions in relation to a substance and the dates on which those actions are to take effect that are to be set out in a proposed regulation or instrument referred to in subsection (2), and in determining any additional measures described in a statement published under subsection (4), the Ministers shall take into consideration any factor or information that, in the opinion of the Ministers, is relevant, including

    • (a) information contained in plans referred to in section 79; and

    • (b) environmental or health risks identified in the summary published under subsection 77(6) and any other relevant social, economic or technical matters.

  • Marginal note:Publication of subsequent proposals

    (6) Any proposed regulation or instrument respecting preventive or control actions in relation to a substance that is made after the publication of a proposed regulation or instrument published within the period of two years referred to in subsection (1) shall be published in the Canada Gazette.

  • Marginal note:Suspension of time where board of review

    (7) Where a board of review is established under section 333, the period of two years referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board’s report is received by the Ministers.

  • 1999, c. 33, s. 91
  • 2017, c. 26, s. 63(E)

Marginal note:Publication of preventive or control actions

  •  (1) Subject to subsection (2), any regulation or instrument respecting preventive or control actions in relation to a substance shall be made and published in the Canada Gazette within 18 months after the publication of the proposed regulation or instrument under subsection 91(1) or (6), unless a material substantive change is required to be made to it.

  • Marginal note:Suspension of time where board of review

    (2) Where a board of review is established under section 333 in relation to a substance, the period of 18 months referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board has submitted its report to the Minister under subsection 340(1).

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.

 
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