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Canadian Environmental Protection Act, 1999

Version of section 94 from 2002-12-31 to 2023-06-12:

Marginal note:Interim orders

  •  (1) Where

    • (a) a substance

      • (i) is not specified on the List of Toxic Substances in Schedule 1 and the Ministers believe that it is toxic or capable of becoming toxic, or

      • (ii) is specified on that List and the Ministers believe that it is not adequately regulated, and

    • (b) the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health,

    the Minister may make an interim order in respect of the substance and the order may contain any provision that may be contained in a regulation made under subsection 93(1).

  • Marginal note:Effect of order

    (2) Subject to subsection (3), an interim order has effect

    • (a) from the time it is made; and

    • (b) as if it were a regulation made under section 93.

  • Marginal note:Approval of Governor in Council

    (3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made.

  • Marginal note:Consultation

    (4) The Governor in Council shall not approve an interim order unless the Minister has

    • (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and

    • (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger.

  • Marginal note:Recommendation of regulations

    (5) Where the Governor in Council approves an interim order, the Ministers shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Ministers intend to recommend to the Governor in Council

    • (a) that a regulation having the same effect as the order be made under section 93; and

    • (b) if the order was made in respect of a substance that was not specified on the List of Toxic Substances in Schedule 1, that the substance be added to that List under section 90.

  • Marginal note:Contravention of unpublished order

    (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the date of the alleged contravention, that person had been notified of the interim order.

  • Marginal note:Cessation of effect

    (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of

    • (a) the day it is repealed,

    • (b) the day a regulation referred to in subsection (5) is made, and

    • (c) two years after the order is made.

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