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Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Act current to 2021-11-17 and last amended on 2021-05-01. Previous Versions

PART 6Animate Products of Biotechnology (continued)

Marginal note:Amendment of List

  •  (1) The Minister shall add a living organism to the Domestic Substances List within 120 days after the following conditions are met:

    • (a) the Minister has been provided with information in respect of the living organism under section 106 or 107 and any additional information or test results required under subsection 109(1);

    • (b) the Ministers are satisfied that the living organism has been manufactured in or imported into Canada by the person who provided the information prescribed for the purpose of this paragraph;

    • (c) the period for assessing the information under section 108 has expired; and

    • (d) no conditions specified under paragraph 109(1)(a) in respect of the living organism remain in effect.

  • Marginal note:Amendment of List

    (2) Where the Minister adds a living organism to the Domestic Substances List and subsequently learns that the living organism was not manufactured or imported as described in subsection (1), the Minister shall delete the living organism from the List.

  • Marginal note:Significant new activity

    (3) Where a living organism 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 living organism to indicate that subsection 106(3) applies with respect to the living organism or that it no longer applies or by varying the significant new activities in relation to the living organism in respect of which subsection 106(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 living organism in respect of which subsection 106(3) is to apply, and where regulations in respect of those significant new activities are not made under paragraphs 114(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 108.

Marginal note:Publication of masked name

 Where the publication under this Part of the explicit biological name of a living organism would result in the release of confidential business information in contravention of section 314, the living organism 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 living organisms or establishing groups of living organisms for the purposes of the provision of information under section 106 or 107, including those that are exotic or indigenous, research and development living organisms and living organisms manufactured only for export, and designating ecozones or groups of ecozones;

    • (b) prescribing conditions and circumstances for the purpose of paragraph 106(6)(b);

    • (c) respecting the information that shall be provided to the Minister under subsection 106(1), (3) or (4) or section 107 and the form and manner in which it is to be provided;

    • (d) prescribing dates on or before which information shall be provided under subsection 106(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 living organism must be used so as to permit the waiver of information requirements under subsection 106(8);

    • (g) prescribing periods within which the Ministers shall assess information under subsection 108(1);

    • (h) respecting the conditions, test procedures and laboratory practices to be followed in developing test data on a living organism in order to comply with the information requirements of section 106 or 107 or requests for information under paragraph 109(1)(c);

    • (i) prescribing information for the purpose of paragraph 112(1)(b);

    • (j) prescribing the manner of determining a name for a living organism for the purpose of section 113; and

    • (k) generally for carrying out the purposes and provisions of this Part.

  • Marginal note:Prescribed assessment period

    (2) For the purposes of sections 106 and 108, where no assessment period is prescribed or specified with respect to a living organism, the prescribed assessment period is 120 days after the Minister is provided with the prescribed information.

  • Marginal note:Prescription of conditions and circumstances

    (3) Regulations made under paragraph (1)(b) may prescribe conditions and circumstances in respect of a living organism in terms of

    • (a) whether or not the living organism is a member of a group of living organisms established by regulations made under paragraph (1)(a); or

    • (b) the purposes for which the living organism 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 living organism in terms of

    • (a) whether or not the living organism is a member of a group of living organisms established by regulations made under paragraph (1)(a);

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

    • (c) the conditions under which and the circumstances in which the living organism is manufactured or imported.

  • 1999, c. 33, s. 114
  • 2017, c. 26, s. 28

Marginal note:Other regulations

  •  (1) Subject to subsection (2), the Governor in Council may, on the recommendation of the Ministers, make regulations

    • (a) for the purposes of implementing an international agreement,

      • (i) respecting living organisms, whether or not they are on the Domestic Substances List, and

      • (ii) respecting the safety of the environment or human health, including the safe transfer, handling and uses of any living organism that is moved across a boundary; and

    • (b) respecting the effective and safe use of living organisms in pollution prevention.

  • Marginal note:Living organisms regulated under other Acts of Parliament

    (2) The Governor in Council shall not make a regulation under subsection (1) in respect of any living organism if the regulation regulates an aspect of the living organism 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.

  • 1999, c. 33, s. 115
  • 2017, c. 26, s. 63(E)

PART 7Controlling Pollution and Managing Wastes

DIVISION 1Nutrients

Marginal note:Definitions

 The definitions in this section apply in this Division and in Part 10.

cleaning product

cleaning product means a phosphate compound or other substance that is intended to be used for cleaning purposes, and includes laundry detergents, dish-washing compounds, metal cleaners, de-greasing compounds and household, commercial and industrial cleaners. (produit de nettoyage)

nutrient

nutrient means a substance or combination of substances that, if released in any waters, provides nourishment that promotes the growth of aquatic vegetation. (substance nutritive)

water conditioner

water conditioner means a substance that is intended to be used to treat water, and includes water-softening chemicals, anti-scale chemicals and corrosion inhibiters. (conditionneur d’eau)

Marginal note:Prohibition

 No person shall manufacture for use or sale in Canada or import a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product or conditioner.

  • 1999, c. 33, s. 117
  • 2016, c. 9, s. 30(E)

Marginal note:Regulations

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of preventing or reducing the growth of aquatic vegetation that is caused by the release of nutrients in waters and that can interfere with the functioning of an ecosystem or degrade or alter, or form part of a process of degrading or altering, an ecosystem to an extent that is detrimental to its use by humans, animals or plants, including regulations

    • (a) prescribing nutrients;

    • (b) prescribing the permissible concentration of a prescribed nutrient in a cleaning product or water conditioner;

    • (c) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing, measuring or monitoring a nutrient, cleaning product or water conditioner; and

    • (d) requiring persons who manufacture for use or sale in Canada or import a cleaning product or water conditioner

      • (i) to maintain books and records for the proper administration of this Division and the regulations,

      • (ii) to submit samples of the cleaning product or water conditioner to the Minister, and

      • (iii) to submit to either Minister information regarding cleaning products, water conditioners and their ingredients.

  • Marginal note:Exemption

    (1.1) The Governor in Council may, on the recommendation of the Minister, make regulations exempting a cleaning product or water conditioner from the application of section 117.

  • Marginal note:Class of cleaning product or water conditioner

    (1.2) Regulations made under subsection (1) or (1.1) may distinguish among classes of cleaning products or water conditioners that they may establish on the basis of any factor, including

    • (a) the physical or chemical properties of the cleaning products or water conditioners; or

    • (b) the conditions under which, the purposes for which or the manner or place in which the cleaning products or water conditioners are intended to be used.

  • Marginal note:Nutrients regulated under other Acts of Parliament

    (2) The Governor in Council shall not make a regulation under subsection (1) in respect of a nutrient to the extent that the nutrient, or a product in which the nutrient is contained, is, in the opinion of the Governor in Council, 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.

  • 1999, c. 33, s. 118
  • 2016, c. 9, s. 31

Marginal note:Remedial measures

  •  (1) Where there is a contravention of section 117 or the regulations, the Minister may, in writing, direct a manufacturer or importer of a nutrient, cleaning product or water conditioner to take any or all of the following measures in the manner and within the period directed by the Minister:

    • (a) give public notice of the contravention and of any danger to the environment or to human life or health posed by the nutrient, cleaning product or water conditioner;

    • (b) mail a notice as described in paragraph (a) to manufacturers, processors, distributors or retailers of the nutrient, cleaning product or water conditioner;

    • (c) mail a notice as described in paragraph (a) to persons to whom the nutrient, cleaning product or water conditioner is known to have been delivered or sold;

    • (d) replace the nutrient, cleaning product or water conditioner with one that meets the applicable requirements;

    • (e) accept the return of the nutrient, cleaning product or water conditioner from the purchaser and refund the purchase price;

    • (f) take other measures for the protection of the environment or human life or health; and

    • (g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).

  • Marginal note:Intervention of Minister

    (2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.

  • Marginal note:Recovery of costs

    (3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.

DIVISION 2Protection of the Marine Environment from Land-based Sources of Pollution

Marginal note:Definitions

 The definitions in this section apply in this Division.

land-based sources

land-based sources means point and diffuse sources on land from which substances or energy reach the sea by water, through the air or directly from the coast. It includes any sources under the sea bed made accessible from land by tunnel, pipeline or other means. (sources telluriques)

marine pollution

marine pollution means the introduction by humans, directly or indirectly, of substances or energy into the sea that results, or is likely to result, in

  • (a) hazards to human health;

  • (b) harm to living resources or marine ecosystems;

  • (c) damage to amenities; or

  • (d) interference with other legitimate uses of the sea. (pollution des mers)

Marginal note:Objectives, guidelines and codes of practice

  •  (1) The Minister may, after consultation with any other affected minister, issue environmental objectives, release guidelines and codes of practice to prevent and reduce marine pollution from land-based sources.

  • Marginal note:Consultation and conferences

    (2) To carry out the functions set out in subsection (1), the Minister

    • (a) shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with any government department or agency or any person interested in the protection of the sea;

    • (b) may organize conferences relating to the prevention or reduction of marine pollution from land-based sources; and

    • (c) may meet with the representatives of international organizations and agencies and other countries to examine the rules, standards, practices and procedures recommended under the United Nations Convention on the Law of the Sea, signed by Canada on October 7, 1982.

  • Marginal note:Minister may act

    (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.

DIVISION 3Disposal at Sea

Interpretation

Marginal note:Definitions

  •  (1) The definitions in this subsection apply in this Division and in Part 10.

    aircraft

    aircraft means a machine that is used or designed for navigation in the air, but does not include an air cushion vehicle. (aéronef)

    Canadian aircraft

    Canadian aircraft means an aircraft that is registered under an Act of Parliament. (aéronef canadien)

    Canadian permit

    Canadian permit means a permit that is issued under subsection 127(1) or 128(2). (permis canadien)

    Canadian ship

    Canadian ship means a ship that is registered under an Act of Parliament. (navire canadien)

    condition

    condition means, in respect of a permit, any term or condition of the permit. (Version anglaise seulement)

    contracting party

    contracting party means a state that is a contracting party to the Convention or the Protocol. (partie contractante)

    Convention

    Convention means the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter signed by Canada on December 29, 1972, as amended from time to time. (Convention)

    disposal

    disposal means

    • (a) the disposal of a substance at sea from a ship, an aircraft, a platform or another structure,

    • (b) the disposal of dredged material into the sea from any source not mentioned in paragraph (a),

    • (c) the storage on the seabed, in the subsoil of the seabed or on the ice in any area of the sea of a substance that comes from a ship, an aircraft, a platform or another structure,

    • (d) the deposit of a substance on the ice in an area of the sea,

    • (e) the disposal at sea of a ship or aircraft,

    • (f) the disposal or abandonment at sea of a platform or another structure, and

    • (g) any other act or omission that constitutes a disposal under regulations made under paragraph 135(3)(c),

    but does not include

    • (h) a disposal of a substance that is incidental to or derived from the normal operations of a ship, an aircraft, a platform or another structure or of any equipment on a ship, an aircraft, a platform or another structure, other than the disposal of substances from a ship, an aircraft, a platform or another structure operated for the purpose of disposing of such substances at sea,

    • (i) the placement of a substance for a purpose other than its mere disposal if the placement is not contrary to the purposes of this Division and the aims of the Convention or the Protocol,

    • (j) the abandonment of any matter, such as a cable, pipeline or research device, placed on the seabed or in the subsoil of the seabed for a purpose other than its mere disposal, or

    • (k) a discharge or storage directly arising from, or directly related to, the exploration for, exploitation of and associated off-shore processing of seabed mineral resources. (immersion)

    incineration

    incineration means the combustion of a substance on board a ship, a platform or another structure at sea for the purpose of its thermal destruction. (incinération)

    master

    master means the person in command or charge of a ship, but does not include a licensed pilot, within the meaning of section 1.1 of the Pilotage Act. (capitaine)

    owner

    owner, in relation to any ship, aircraft, platform or other structure, includes the person who has the possession or use, by law or contract, of the ship, aircraft, platform or other structure. (propriétaire)

    Protocol

    Protocol means the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972, as amended from time to time. (Protocole)

    ship

    ship includes a vessel, boat or craft designed, used or capable of being used solely or partly for marine navigation, without regard to its method or lack of propulsion, and includes an air cushion vehicle. (navire)

    structure

    structure means a structure that is made by a person. (Version anglaise seulement)

    waste or other matter

    waste or other matter means waste or other matter listed in Schedule 5. (déchets ou autres matières)

  • Definition of sea

    (2) In this Division and in Part 10, sea means

    • (a) the territorial sea of Canada;

    • (b) the internal waters of Canada, excluding all the rivers, lakes and other fresh waters in Canada and the St. Lawrence River as far seaward as the straight lines drawn

      • (i) from Cap-des-Rosiers to the western-most point of Anticosti Island, and

      • (ii) from Anticosti Island to the north shore of the St. Lawrence River along the meridian of longitude sixty-three degrees west;

    • (c) any exclusive economic zone that may be created by Canada;

    • (d) the arctic waters within the meaning of section 2 of the Arctic Waters Pollution Prevention Act;

    • (e) an area of the sea adjacent to the areas referred to in paragraphs (a) to (d) that is specified under paragraph 135(1)(g);

    • (f) an area of the sea under the jurisdiction of a foreign state, other than its internal waters; and

    • (g) an area of the sea, other than the internal waters of a foreign state, not included in the areas of the sea referred to in paragraphs (a) to (f).

  • 1999, c. 33, s. 122
  • 2005, c. 23, ss. 18, 49
 
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