Prohibition of Certain Toxic Substances Regulations, 2012

Marginal note:Issuance

• 10 (1) Subject to subsection (2), the Minister must issue the permit if the following conditions are met:

  • (a) there is no technically or economically feasible alternative or substitute available to the applicant at the time of the application, other than a substance regulated under these Regulations, for the toxic substance;

  • (b) the applicant has taken the necessary measures to minimize or eliminate any harmful effect of the toxic substance on the environment and human health; and

  • (c) a plan has been prepared respecting the toxic substance identifying the measures that will be taken by the applicant to comply with these Regulations, and the period within which the plan is to be implemented does not exceed three years after the day on which a permit is first issued to the applicant.

• Marginal note:Grounds for refusing permit

  (2) The Minister must refuse to issue a permit if

  • (a) the Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; or

  • (b) information required under subsection 9(4) has not been provided or is insufficient to enable the Minister to process the application.

• Marginal note:Expiry and permit renewal

  (3) A permit expires 12 months after the day on which it is issued unless, at least 30 days before the day on which the permit expires, the applicant submits an application for renewal to the Minister that contains the information referred to in Schedule 4.

• Marginal note:Limits on renewal

  (4) A permit may only be renewed twice and subsections (1) and (2) apply to any renewal.