Strengthening Environmental Protection for a Healthier Canada Act (S.C. 2023, c. 12)
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Assented to 2023-06-13
1999, c. 33Canadian Environmental Protection Act, 1999 (continued)
Amendments to the Act (continued)
15 (1) Paragraph 67(1)(a) of the Act is replaced by the following:
(a) respecting a property or characteristic of a substance, including persistence, bioaccumulation, carcinogenicity, mutagenicity and reproductive toxicity;
(2) Subsection 67(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by replacing paragraph (d) with the following:
(d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic, including conditions, test procedures and laboratory practices to be followed for replacing, reducing or refining the use of vertebrate animals; and
(e) respecting, for the purpose of subsection 77(3), the classification of a substance as a substance that poses the highest risk.
16 (1) The portion of section 68 of the Act before subparagraph (a)(i) is replaced by the following:
Marginal note:Research, investigation and evaluation
68 For the purpose of assessing whether a substance is toxic or is capable of becoming toxic — or for the purpose of assessing whether to control, or the manner in which to control, a substance, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1, either Minister may
(a) collect or generate data and conduct investigations respecting any matter in relation to the substance or product including
(2) Paragraph 68(a) of the Act is amended by adding the following after subparagraph (iii):
(iii.1) whether exposure to the substance in combination with exposure to other substances has the potential to cause cumulative effects,
(iii.2) whether there is a vulnerable population or environment in relation to the substance,
(3) Subparagraphs 68(a)(v) and (vi) of the Act are replaced by the following:
(v) the ability of the substance to cause delayed or latent effects over the lifetime of an organism, including carcinogenic, mutagenic or neurotoxic effects,
(vi) the ability of the substance to cause survival impairment of an organism,
(vi.1) the ability of the substance to disrupt the reproductive system or endocrine system of an organism,
(4) Subparagraph 68(a)(xii) of the Act is replaced by the following:
(xii) the existence, development and use of safer or more sustainable alternatives to the substance or product,
(5) Paragraph 68(a) of the Act is amended by striking out “and” at the end of subparagraph (xiii), by adding “and” at the end of subparagraph (xiv) and by adding the following after subparagraph (xiv):
(xv) the manner in which the public may be provided with information regarding the substance or product, including, in the case of a product, by labelling it;
(6) Paragraph 68(c) of the Act is replaced by the following:
(c) provide information and make recommendations respecting any matter in relation to the substance or product, including measures to control the presence of the substance or product in the environment.
16.1 The Act is amended by adding the following after section 68:
Marginal note:Restriction — vertebrate animals
68.1 (1) The Ministers shall, to the extent practicable, use scientifically justified alternative methods and strategies to replace, reduce or refine the use of vertebrate animals in the generation of data and the conduct of investigations under paragraph 68(a).
Marginal note:Methods and strategies to refine use
(2) For the purposes of subsection (1), methods and strategies to refine the use of vertebrate animals include minimizing pain and distress caused to vertebrate animals used in the generation of data and the conduct of investigations under paragraph 68(a).
17 (1) Subsection 69(2.1) of the Act is replaced by the following:
Marginal note:Saving
(2.1) Nothing in subsection (2) shall prevent either Minister or both Ministers from exercising the powers under subsection (1) at any time after the 60th day following the day on which an offer is made under subsection (2).
(2) Subsection 69(3) of the English version of the Act is replaced by the following:
Marginal note:Guidelines public
(3) Guidelines issued under this section shall be made available to the public, and the Minister who issued the guidelines shall give notice of them in the Canada Gazette and in any other manner that that Minister considers appropriate.
18 (1) The portion of subsection 71(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Notice requiring information, samples or testing
71 (1) The Minister may, for the purpose of assessing whether a substance is toxic or is capable of becoming toxic — or for the purpose of assessing whether to control, or the manner in which to control, a substance, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1,
(a) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance or product, as the case may be, to notify the Minister that the person is or was during that period engaged in that activity;
Marginal note:2001, c. 34, 29(F)
(2) Paragraph 71(1)(c) of the Act is replaced by the following:
(c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or product, as the case may be, requiring the person to conduct toxicological or other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.
(3) The portion of subsection 71(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Contents of notice under paragraph (1)(b)
(2) A notice published under paragraph (1)(b) may require any information and samples, including
(4) Paragraph 71(2)(a) of the Act is replaced by the following:
(a) in respect of a substance, available toxicological information, available monitoring information, samples of the substance and information on the quantities, composition, uses and distribution of the substance;
(a.1) in respect of a product that contains a substance or that may release a substance into the environment, information on the quantities, composition, manufacturing, processing, packaging, labelling, uses and distribution of the product;
(5) Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after that paragraph:
(c) information on the method used to quantify any information that is provided.
(6) Section 71 of the Act is amended by adding the following after subsection (2):
Marginal note:Method and manner — notice under paragraph (1)(b)
(2.1) A notice published under paragraph (1)(b) may specify the method to be used to quantify any information that is to be provided and the manner in which that information and any sample is to be provided.
Marginal note:Contents of notice under paragraph (1)(c)
(2.2) A notice sent under paragraph (1)(c) may, among other things, require the person to provide any information and samples, including
(a) in respect of a substance or of a product that contains a substance or that may release a substance into the environment, toxicological information, monitoring information, test samples and information on the quantities, composition, uses and distribution of the substance or product; and
(b) information on the methods, test procedures and laboratory practices followed for performing any required test and on the conditions under which those tests are conducted.
Marginal note:Method and manner — notice under paragraph (1)(c)
(2.3) The notice sent under paragraph (1)(c) may, among other things, specify
(a) the conditions, methods, test procedures and laboratory practices to be followed for conducting sampling, analyses, measurements, quantification or monitoring as part of any required test;
(a.1) the conditions, methods, test procedures and laboratory practices to be followed to replace, reduce or refine the use of vertebrate animals;
(b) the manner in which the test results are to be submitted;
(c) the method to be used to quantify any information that is to be provided; and
(d) the manner in which that information and any sample is to be provided.
(7) Subsection 71(4) of the English version of the Act is replaced by the following:
Marginal note:Extension of time
(4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent, extend the time or times within which the person shall comply with the notice.
19 Sections 72 to 74 of the Act are replaced by the following:
Marginal note:Exercise of power under paragraph 71(1)(c)
72 The Minister may not exercise the power under paragraph 71(1)(c) in relation to a substance, a product that contains a substance or a product that may release a substance into the environment unless the Ministers have reason to suspect that the substance is toxic or capable of becoming toxic or it has been determined under this Act that the substance is toxic or capable of becoming toxic.
Substances and Assessments of Substances
Marginal note:Plan — priorities
73 (1) The Ministers shall, within two years after the day on which this section receives royal assent, develop and publish a plan with timelines
(a) that specifies the substances to which the Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic;
(b) that specifies the activities or initiatives in relation to assessing, controlling or otherwise managing the risks to the environment or to human health posed by substances that are or will be undertaken under an Act of Parliament for whose administration either Minister is responsible and which the Ministers are of the opinion should be prioritized; and
(c) that specifies activities or initiatives to promote the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals.
Marginal note:Consultation and considerations
(2) In developing a proposed plan, and in implementing the plan, the Ministers
(a) may consult with the Committee, a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or the preservation and improvement of public health;
(b) shall consider whether assessing substances by class is more advantageous than assessing them individually, with a view toward avoiding substitutions within the class that may be harmful; and
(c) shall take into account the matters referred to in paragraph 68(a), including the manner in which the public may be provided with information regarding substances or products including, in the case of products, by labelling them.
Marginal note:Publication of proposed plan
(3) The Minister shall publish the proposed plan in the Environmental Registry and shall give notice in the Canada Gazette and in any other manner that the Minister considers appropriate of the proposed plan’s availability.
Marginal note:Comments
(4) Within 60 days after the publication of the notice, any person may file with the Minister written comments on the proposed plan.
Marginal note:Consideration of comments
(5) The Ministers shall take into account the comments and may amend the proposed plan in any manner they consider appropriate based on those comments.
Marginal note:Publication of plan
(6) The Minister shall publish the plan in the Canada Gazette and in any other manner that the Minister considers appropriate.
Marginal note:Review of plan
(7) The Ministers shall review the plan within eight years after it is published and every eight years after that.
Marginal note:Application
(8) If after reviewing the plan the Ministers propose to amend it, subsections (2) to (7) apply to the proposed amended plan.
Marginal note:Report to Parliament
74 The Ministers shall include in the annual report required by section 342 a report on the progress made in assessing the substances specified in the plan developed under section 73 and in respect of any activities or initiatives specified in the plan.
20 Sections 76 and 76.1 of the Act are replaced by the following:
Marginal note:List of substances capable of becoming toxic
75.1 (1) The Minister shall compile and may amend from time to time a list that specifies substances that the Ministers have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic.
Marginal note:Additional information
(2) The List may include information regarding a substance specified on the List, including an indication that
(a) the substance is specified on the Domestic Substances List with an indication that subsection 81(3) or 106(3) applies with respect to the substance; or
(b) the Minister has published a notice in the Canada Gazette indicating that subsection 81(4) or 106(4) applies with respect to the substance.
Marginal note:Deletion of item
(3) The Minister shall delete a substance from the List, as well as any information regarding the substance that is specified on the List, if
(a) an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1; or
(b) the Ministers no longer have reason to suspect that the substance is capable of becoming toxic.
Marginal note:Publication
(4) The Minister shall publish the List and any amendments to it in the Environmental Registry and in any other manner that the Minister considers appropriate.
Marginal note:Statutory Instruments Act
(5) The List is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
Marginal note:Request to assess substance
76 (1) Any person may file in writing with the Minister a request that the Ministers assess a substance to determine whether it is toxic or capable of becoming toxic.
Marginal note:Consideration of request
(2) The Ministers shall consider the request and decide whether to add the substance to the plan developed under section 73 or deny the request.
Marginal note:Notification of decision
(2.1) Within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of the decision, how the Ministers intend to deal with it and the reasons for dealing with it in that manner.
Marginal note:Form and manner
(3) A request shall be filed in the form and manner and shall contain the information specified by the Minister.
Marginal note:Weight of evidence and precautionary principle
76.1 (1) The Ministers shall apply a weight of evidence approach and the precautionary principle when they are conducting and interpreting the results of
(a) an assessment conducted under this Part, other than under section 83, in order to determine whether a substance is toxic or capable of becoming toxic; or
(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.
Marginal note:Vulnerable population and cumulative effects
(2) When the Ministers are conducting and interpreting the results of an assessment or review referred to in subsection (1), they shall consider available information on any vulnerable population or environment in relation to the substance and on the cumulative effects on human health and the environment that may result from exposure to the substance in combination with exposure to other substances.
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