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)
31 Subsection 92(1) of the Act is replaced by the following:
Marginal note:Publication of preventive or control actions
92 (1) Subject to subsection (2), within 18 months after the day on which a proposed regulation or instrument is published under subparagraph 91(1)(a)(i) or (b)(i) or subsection 91(6) or a statement identifying a proposed regulation or instrument is published under subparagraph 91(1)(a)(ii) or (b)(ii), unless a material substantive change is required to be made to that proposed regulation or instrument,
(a) a regulation or instrument respecting preventive or control actions in relation to a substance shall be made under this Act and published in the Canada Gazette;
(b) the Minister shall publish in the Canada Gazette a statement — identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is made; or
(c) the Minister of Health shall publish in the Canada Gazette a statement identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament for whose administration that Minister is responsible.
32 Section 92.1 of the Act is repealed.
33 (1) The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Regulations
93 (1) Subject to subsections (3) and (4), the Governor in Council may, on the recommendation of the Ministers, make regulations with respect to a substance specified on the list of toxic substances in Schedule 1, including regulations providing for, or imposing requirements respecting,
(2) Paragraphs 93(1)(f) and (g) of the Act are replaced by the following:
(f) the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;
(g) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;
(3) Paragraph 93(1)(i) of the Act is replaced by the following:
(i) the quantities or concentrations of the substance that may be imported or exported;
(4) Paragraphs 93(1)(l) to (s) of the Act are replaced by the following:
(l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment;
(m) the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;
(n) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, offered for sale or sold in Canada, or that any such product may release into the environment;
(o) the manner in which, conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;
(p) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;
(q) the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;
(r) the manner, conditions, places and method of disposal of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal sites;
(s) the submission to the Minister, on request or at any prescribed times, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;
(5) Paragraphs 93(1)(u) and (v) of the Act are replaced by the following:
(u) the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;
(v) the submission of samples to the Minister of the substance, a product that contains the substance or a product that may release the substance into the environment;
(6) Paragraph 93(1)(w) of the English version of the Act is replaced by the following:
(w) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;
(7) Subsection 93(5) of the Act is replaced by the following:
Marginal note:Powers of Minister
(5) Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.
Marginal note:Statutory Instruments Act
(6) A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
34 (1) Subsection 94(1) of the Act is replaced by the following:
Marginal note:Interim orders
94 (1) The Minister may make an interim order in respect of a substance and the order may contain any provision that may be contained in a regulation made under subsection 93(1) if
(a) the 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.
(2) Paragraph 94(5)(b) of the Act is replaced by the following:
(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 Part 1 or 2 of that list under section 90.
35 (1) The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Report and remedial measures
95 (1) If there occurs or is a likelihood of a release into the environment of a substance specified on the list of toxic substances in Schedule 1 in contravention of a regulation made under section 93 or an order made under section 94, any person described in subsection (2) shall, as soon as possible in the circumstances,
(2) Subsection 95(3) of the Act is replaced by the following:
Marginal note:Report by property owner
(3) If there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release and who knows that it is a substance specified on the list of toxic substances in Schedule 1 shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.
36 Subsection 96(1) of the Act is replaced by the following:
Marginal note:Voluntary report
96 (1) If a person has knowledge of the occurrence or likelihood of a release into the environment of a substance specified on the list of toxic substances in Schedule 1, but the person is not required to report the matter under this Act, the person may report any information relating to the release or likely release to an enforcement officer or to any person to whom a report may be made under section 95.
37 The portion of section 99 of the Act before paragraph (a) is replaced by the following:
Marginal note:Remedial measures
99 If, in respect of a substance, a product that contains a substance or a product that may release a substance into the environment, there is a contravention of this Part or any regulation made under this Part, the Minister may, in writing,
38 The portion of subsection 105(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Adding living organisms to Domestic Substances List
105 (1) The Minister shall, for the purpose of section 106, add to the Domestic Substances List maintained under section 66 any living organism if the Minister is satisfied that, between January 1, 1984 and December 31, 1986, the living organism
39 The Act is amended by adding the following after section 105:
Marginal note:Domestic Substances List — Food and Drugs Act
105.1 (1) The Minister may, for the purpose of section 106, add a living organism to the Domestic Substances List if
(a) the living organism was included on the version of the Revised In Commerce List that was prepared by the Minister of Health after the end, on November 3, 2019, of acceptance of substance nominations to that List and that is referred to in the Canada Gazette, Part I, Volume 152, Number 44, as the static list; and
(b) no conditions specified under paragraph 109(1)(a) in respect of the living organism are in effect.
Marginal note:Designation
(2) The Minister may, by order, designate any person or class of persons to exercise the power set out in subsection (1).
Marginal note:Amendment of List
105.2 (1) If the Minister is satisfied that a living organism added to the Domestic Substances List under subsection 105(1), 105.1(1) or 112(1) is not being manufactured in Canada or imported into Canada the Minister may delete the living organism from the List.
Marginal note:Publication — notice of intent
(2) Before deleting a living organism from the Domestic Substances List under subsection (1), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice indicating the Minister’s intention to delete it from the List.
Marginal note:Comments
(3) Within 60 days after the publication of the notice, any person may file written comments with the Minister.
Marginal note:Designation
(4) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.
39.01 Subsection 106(9) of the Act is replaced by the following:
Marginal note:Publication of notice of waiver
(9) The Minister shall, as soon as possible in the circumstances, publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.
39.1 The Act is amended by adding the following after section 108:
Marginal note:Consultation
108.1 (1) If the information that the Ministers assess under subsection 108(1) or (2) is in respect of a vertebrate animal or a prescribed living organism or group of living organisms, the Ministers shall consult any interested persons before the expiry of the period for assessing that information.
Marginal note:Notice
(2) Before undertaking consultations, the Minister shall publish a notice of consultation in any manner that the Minister considers appropriate.
40 Subsection 109(4) of the Act is replaced by the following:
Marginal note:Expiry of prohibition
(4) Any prohibition on the manufacture or import of a living organism 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 living organism, 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 living organism 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.
41 Subsections 110(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 living organism with respect to which subsection 106(4) is to apply and, if 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; and
(b) may specify for the purpose of subsection 111(2) classes of persons who are not required to be notified under subsection 111(1) with respect to the living organism.
Marginal note:Classes of persons
(3) The Minister may, by notice published in the Canada Gazette, specify for the purpose of subsection 111(2) classes of persons who are not required to be notified under subsection 111(1) with respect to a living organism 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 living organism for which a notice has been published under subsection (1) or vary the information to be provided to the Minister under subsection 106(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 108;
(b) indicate that subsection 106(4) no longer applies with respect to that living organism;
(c) vary the classes of persons, if any, that are specified for the purpose of subsection 111(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 111(2).
42 Section 111 of the Act is renumbered as subsection 111(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 110(1) or (3) — or, if the class is varied by a notice published under subsection 110(4), within the class as varied — is not required to be notified under subsection (1) with respect to the living organism to which the notice relates.
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