Products Containing Mercury Regulations

Marginal note:Issuance

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

  • (a) the applicant has established that, at the time of the application, there is no technically or economically feasible alternative to or substitute for the product that

    • (i) achieves a similar result as would be achieved by using the product containing mercury, and

    • (ii) has a less harmful effect on the environment or on human health than the product containing mercury; and

  • (b) the applicant has submitted the plan referred to in paragraph 4(d), and that plan sets out measures that can reasonably be regarded as measures that will minimize or eliminate any harmful effect that the mercury contained in the product has or may have on the environment and human health.

• Marginal note:Refusal

  (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) the information and documents required under section 4 have not been provided or are insufficient to enable the Minister to process the application.

• Marginal note:Expiry

  (3) A permit expires three years after the day on which it is issued, unless it is renewed in accordance with subsection 6(2).