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)
21 (1) Subsections 77(1) to (4) of the Act are replaced by the following:
Marginal note:Publication after assessment or review
77 (1) If the Ministers have conducted an assessment under this Part, other than under section 83, to determine whether a substance is toxic or capable of becoming toxic or 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, the Ministers shall publish in the Canada Gazette, and either Minister may publish in any other manner that that Minister considers appropriate,
(a) 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; and
(b) if the measure is one referred to in paragraph (2)(c) or (d) and the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.
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 List referred to in section 75.1, adding the substance to that List;
(c) recommending that the substance be added to Part 1 of the list of toxic substances in Schedule 1; or
(d) recommending that the substance be added to Part 2 of the list of toxic substances in Schedule 1.
Marginal note:Mandatory proposal
(3) The Ministers shall propose to take the measure referred to in paragraph (2)(c) if the substance is determined to be toxic and the Ministers are satisfied that
(a) the substance may have a long-term harmful effect on the environment and
(i) is inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies,
(ii) is persistent and bioaccumulative in accordance with the regulations,
(iii) is present in the environment primarily as a result of human activity, and
(iv) is not a naturally occurring radionuclide or a naturally occurring inorganic substance;
(b) the substance may constitute a danger in Canada to human life or health and is, in accordance with the regulations, carcinogenic, mutagenic or toxic for reproduction; or
(c) the substance is, in accordance with the regulations, a substance that poses the highest risk.
(2) Subsections 77(6) to (8) of the Act are replaced by the following:
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 assessment or of the review, as the case may be, referred to in subsection (1);
(b) a statement indicating the measure that the Ministers propose to take; and
(c) if the measure is one referred to in paragraph (2)(c) or (d),
(i) a statement indicating the manner in which a proposed regulation or instrument respecting preventive or control actions in relation to the substance is to be developed under this or any other Act of Parliament, or
(ii) if the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.
Marginal note:Exemption
(7) If the Ministers publish a statement under paragraph (6)(b) in respect of a substance already specified on the list of toxic substances in Schedule 1, paragraph (6)(c) does not apply.
Marginal note:Delay — publication of final decision
(8) If more than two years have elapsed after the publication of a statement under paragraph (1)(a) without the Ministers having published a statement under paragraph (6)(b), the Minister shall publish in the Environmental Registry a statement made jointly by the Ministers indicating the reasons for the delay and an estimated time frame within which the statement under paragraph (6)(b) is to be published.
(3) Subsection 77(9) of the Act is replaced by the following:
Marginal note:Recommendation to Governor in Council
(9) When the Ministers publish a statement under paragraph (6)(b) indicating that the measure that they propose to take is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, the Ministers shall make a recommendation for an order under subsection 90(1), and, if the substance is already specified in the other Part, the Ministers shall make a recommendation for an order under subsection 90(2).
22 Sections 78 and 79 of the Act are replaced by the following:
Marginal note:Subsequent regulations or instruments
78 (1) If the Ministers publish a statement under subparagraph 77(6)(c)(i) indicating that more than one proposed regulation or instrument respecting preventive or control actions in relation to a substance is to be developed, the Minister shall, when the first regulation or instrument respecting preventive or control actions in relation to the substance is published under paragraph 92(1)(a) or a statement identifying the first such regulation or instrument is published under paragraph 92(1)(b) or (c), as the case may be, publish in the Environmental Registry and in any other manner that the Minister considers appropriate a statement respecting the development of the subsequent proposed regulations or instruments that specifies, to the extent possible, an estimated time frame within which those proposed regulations or instruments are to be developed.
Marginal note:Amendments to statement
(2) If the Ministers amend the statement respecting the development of the subsequent proposed regulations or instruments, the Minister shall publish that statement as amended and the reasons for the amendment in the Environmental Registry and in any other manner that the Minister considers appropriate.
Marginal note:Progress report
(3) The Minister shall include in the annual report required by section 342 a report on the progress made in developing any subsequent proposed regulations or instruments.
Marginal note:Update on estimated timelines
(4) The report on progress referred to in subsection (3) shall include an update on estimated timelines and reasons for any delay.
23 Subsection 84(4) of the Act is replaced by the following:
Marginal note:Expiry of prohibition
(4) Any prohibition on the manufacture or importation of a substance imposed under paragraph (1)(b) expires two years after the day on which it is imposed unless, before the expiry of the two years, there is published in the Canada Gazette
(a) a regulation respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act; or
(b) a statement, identifying a regulation respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament,
(i) made jointly by the Minister and the Minister responsible for the administration of the Act of Parliament under which the regulation is to be made, if the Act is not an Act referred to in subparagraph (ii), or
(ii) made by the Minister of Health, if the Act of Parliament is one for whose administration that Minister is responsible.
If such a proposed regulation — or such a statement identifying a proposed regulation — is so published, the prohibition expires on the day on which the regulation comes into force.
24 Subsections 85(2) and (3) of the Act are replaced by the following:
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).
25 Section 86 of the Act is renumbered as subsection 86(1) and is amended by adding the following:
Marginal note:Exception
(2) A person who is within a class of persons that is specified in a notice published under subsection 85(1) or (3) — or, if the class is varied by a notice published under subsection 85(4), within the class as varied — is not required to be notified under subsection (1) with respect to the substance to which the notice relates.
26 Subsections 87(3) and (4) of the Act are replaced by the following:
Marginal note:Significant new activity
(3) If a substance is on the Domestic Substances List or is to be added to the List under subsection (1) or 66.1(1), the Minister may amend the List to indicate that subsection 81(3) applies with respect to the substance.
Marginal note:Contents of amendment
(4) An amendment referred to in subsection (3)
(a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to which subsection 81(3) 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 87.1(2) classes of persons who are not required to be notified under subsection 87.1(1) with respect to the substance.
Marginal note:Subsequent amendment
(4.1) The Minister may amend the Domestic Substances List in respect of a substance with respect to which subsection 81(3) applies
(a) to vary the significant new activities in relation to the substance or vary the information to be provided to the Minister under subsection 81(3), 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) to indicate that subsection 81(3) no longer applies;
(c) to specify classes of persons for the purpose of subsection 87.1(2), if no such classes are specified with respect to the substance;
(d) to vary the classes of persons, if any, that are specified for the purpose of subsection 87.1(2); or
(e) to delete any class of persons that is specified for the purpose of subsection 87.1(2).
27 The Act is amended by adding the following after section 87:
Marginal note:Notification of persons required to comply
87.1 (1) If a substance is specified on the Domestic Substances List with an indication that subsection 81(3) applies with respect to the substance, every person who transfers the physical possession or control of the substance shall notify all persons to whom the possession or control is transferred of the obligation to comply with that subsection.
Marginal note:Exception
(2) A person is not required to be notified under subsection (1) with respect to a substance if they are within a class of persons that is specified on the Domestic Substances List in respect of the substance for the purpose of this subsection.
28 Paragraph 89(1)(k) of the Act is replaced by the following:
(k) generally for carrying out the purposes and provisions of sections 66 to 66.2 and 80 to 88.
29 Subsections 90(1) to (2) of the Act are replaced by the following:
Marginal note:Addition to list of toxic substances
90 (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an order adding the substance to Part 1 or 2 of the list of toxic substances in Schedule 1.
Marginal note:Priorities
(1.1) In developing a proposed regulation or instrument respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives for the environment or human health, in relation to a substance specified on the list of toxic substances in Schedule 1, the Ministers shall give priority to pollution prevention actions and, in particular, in the case of a substance specified in Part 1 of the list of toxic substances in that Schedule, to the total, partial or conditional prohibition of activities in relation to the substance or of releases of the substance into the environment.
Marginal note:Consideration of factors
(1.2) For the purposes of subsection (1.1), the Ministers shall, in respect of a substance specified in Part 1 of the list of toxic substances in Schedule 1, consider whether the activity or release can be undertaken in a manner that minimizes or eliminates any harmful effect on the environment or human health and whether there are feasible alternatives to the substance.
Marginal note:Deletion from the list of toxic substances
(2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order deleting the substance from that Part and repealing the regulations made under section 93 with respect to the substance.
Marginal note:2017, c. 26, subpar. 63(d)(iv)(E)
30 Subsections 91(1) to (5) of the Act are replaced by the following:
Marginal note:Publication of proposed preventive or control actions
91 (1) Subject to subsections (2), (6) and (7), within two years after the publication of the Ministers’ statement under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, in respect of a substance is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1,
(a) the Minister shall publish in the Canada Gazette
(i) a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act, other than an instrument that may be made only by the Minister of Health, or
(ii) a statement — identifying a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under any other Act of Parliament other than an Act for whose administration the Minister of Health is responsible — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is to be made; or
(b) the Minister of Health shall publish in the Canada Gazette
(i) an instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made by that Minister under this Act, or
(ii) a statement identifying a regulation or instrument respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament for whose administration that Minister is responsible.
Marginal note:Exceptions
(2) Subsection (1) does not apply in respect of
(a) a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 in relation to which the measure the Ministers propose to take, as confirmed or amended, is a recommendation that the substance be added to the other Part; or
(b) a substance in relation to which a statement has been published under subparagraph 77(6)(c)(ii).
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