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Canadian Environmental Protection Act, 1999

Version of section 85 from 2023-06-13 to 2024-10-30:


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:Contents of notice

    (2) A notice referred to in subsection (1)

    • (a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to 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 on or before which it is to be provided and the period within which it is to be assessed under section 83; and

    • (b) may specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to the substance.

  • Marginal note:Classes of persons

    (3) The Minister may, by notice published in the Canada Gazette, specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to a substance for which a notice was published under subsection (1), if no such class was specified in that notice.

  • Marginal note:Subsequent notice

    (4) The Minister may, by notice published in the Canada Gazette,

    • (a) vary the significant new activities in relation to a substance for which a notice has been published under subsection (1) or vary the information to be provided to the Minister under subsection 81(4), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;

    • (b) indicate that subsection 81(4) no longer applies with respect to the substance;

    • (c) vary the classes of persons, if any, that are specified for the purpose of subsection 86(2) in a notice published under subsection (1) or (3); or

    • (d) indicate that a class of persons is no longer specified for the purpose of subsection 86(2).

  • 1999, c. 33, s. 85
  • 2023, c. 12, s. 24

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