Canadian Environmental Protection Act, 1999

Marginal note:Notice requiring information, samples or testing

• 71 (1) The Minister may, 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, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1,

  • (a) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance or product, as the case may be, to notify the Minister that the person is or was during that period engaged in that activity;

  • (b) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice to provide the Minister with any information and samples referred to in subsection (2) that may be in the person’s possession or to which the person may reasonably be expected to have access; and

  • (c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or product, as the case may be, requiring the person to conduct toxicological or other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.

• Marginal note:Contents of notice under paragraph (1)(b)

  (2) A notice published under paragraph (1)(b) may require any information and samples, including

  • (a) in respect of a substance, available toxicological information, available monitoring information, samples of the substance and information on the quantities, composition, uses and distribution of the substance;

  • (a.1) in respect of a product that contains a substance or that may release a substance into the environment, information on the quantities, composition, manufacturing, processing, packaging, labelling, uses and distribution of the product;

  • (b) in respect of a work, undertaking or activity, plans, specifications, studies and information on procedures; and

  • (c) information on the method used to quantify any information that is provided.

• Marginal note:Method and manner — notice under paragraph (1)(b)

  (2.1) A notice published under paragraph (1)(b) may specify the method to be used to quantify any information that is to be provided and the manner in which that information and any sample is to be provided.

• Marginal note:Contents of notice under paragraph (1)(c)

  (2.2) A notice sent under paragraph (1)(c) may, among other things, require the person to provide any information and samples, including

  • (a) in respect of a substance or of a product that contains a substance or that may release a substance into the environment, toxicological information, monitoring information, test samples and information on the quantities, composition, uses and distribution of the substance or product; and

  • (b) information on the methods, test procedures and laboratory practices followed for performing any required test and on the conditions under which those tests are conducted.

• Marginal note:Method and manner — notice under paragraph (1)(c)

  (2.3) The notice sent under paragraph (1)(c) may, among other things, specify

  • (a) the conditions, methods, test procedures and laboratory practices to be followed for conducting sampling, analyses, measurements, quantification or monitoring as part of any required test;

  • (a.1) the conditions, methods, test procedures and laboratory practices to be followed to replace, reduce or refine the use of vertebrate animals;

  • (b) the manner in which the test results are to be submitted;

  • (c) the method to be used to quantify any information that is to be provided; and

  • (d) the manner in which that information and any sample is to be provided.

• Marginal note:Compliance with notice

  (3) Every person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent shall comply with the notice within the time specified in the notice.

• Marginal note:Extension of time

  (4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent, extend the time or times within which the person shall comply with the notice.