Canadian Environmental Protection Act, 1999

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.