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Canadian Environmental Protection Act, 1999

Version of section 106 from 2023-06-13 to 2024-04-01:


Marginal note:Manufacture or import of living organisms

  •  (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  • (2) [Repealed, 2017, c. 26, s. 26]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).

  • 1999, c. 33, s. 106
  • 2017, c. 26, s. 26
  • 2023, c. 12, s. 39.01

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