Canadian Environmental Protection Act, 1999

Marginal note:Publication after assessment

• 77 (1) Where the Ministers have conducted

  • (a) a screening assessment under section 74,

  • (b) a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, or

  • (c) an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,

  the Ministers shall publish in the Canada Gazette and either Minister may publish in any other manner that that Minister considers appropriate a statement indicating one of the measures referred to in subsection (2) that the Ministers propose to take and a summary of the scientific considerations on the basis of which the measure is proposed.

• Marginal note:Proposed measures

  (2) Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:

  • (a) taking no further action in respect of the substance;

  • (b) unless the substance is already on the Priority Substances List, adding the substance to the Priority Substances List; or

  • (c) recommending that the substance be added to the List of Toxic Substances in Schedule 1 and, where applicable under subsection (4), the implementation of virtual elimination under subsection 65(3).

• Marginal note:Mandatory proposal

  (3) Where, based on a screening assessment conducted under section 74, the substance is determined to be toxic or capable of becoming toxic, and the Ministers are satisfied that

  • (a) the substance may have a long-term harmful effect on the environment and is

    • (i) persistent and bioaccumulative in accordance with the regulations, and

    • (ii) inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies, and

  • (b) the presence of the substance in the environment results primarily from human activity,

  the Ministers shall propose to take the measure referred to in paragraph (2)(c).

• Marginal note:Proposal for virtual elimination

  (4) Where the Ministers propose to take the measure referred to in paragraph (2)(c) in respect of a substance and the Ministers are satisfied that

  • (a) the substance is persistent and bioaccumulative in accordance with the regulations,

  • (b) the presence of the substance in the environment results primarily from human activity, and

  • (c) the substance is not a naturally occurring radionuclide or a naturally occurring inorganic substance,

  the Ministers shall propose the implementation of virtual elimination under subsection 65(3) of the substance.

• Marginal note:Scientific consultation

  (5) Any person may, within 60 days after publication of the statement referred to in subsection (1), file with the Minister written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed.

• Marginal note:Publication of final decision

  (6) After taking into consideration in an expeditious manner the comments filed under subsection (5), the Ministers shall publish in the Canada Gazette

  • (a) a summary of the screening assessment conducted under section 74, of the review of a decision of another jurisdiction under subsection 75(3) or of a report of the assessment of substances specified on the Priority Substances List, as the case may be;

  • (b) a statement indicating the measure that the Ministers propose to take; and

  • (c) where the measure is that referred to in paragraph (2)(c), a statement indicating the manner in which the Ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.

• Marginal note:Report of assessment

  (7) Where the Ministers publish a statement under subsection (6) in respect of a substance specified on the Priority Substances List, the Ministers shall make a report of the assessment of the substance available to the public.

• Marginal note:Notice of objection

  (8) Where the Ministers make an assessment whether a substance specified on the Priority Substances List is toxic or is capable of becoming toxic and decide not to recommend that the substance be added to the List of Toxic Substances in Schedule 1, any person may, within 60 days after publication of the decision in the Canada Gazette, file a notice of objection with the Minister requesting that a board of review be established under section 333 and stating the reason for the objection.

• Marginal note:Recommendation to Governor in Council

  (9) The Ministers shall make a recommendation for an order under subsection 90(1) when publishing a statement under paragraph (6)(b) indicating that the measure that they propose to take is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1.