Prohibition of Certain Toxic Substances Regulations, 2025 (SOR/2025-270)

Marginal note:Conditions of permit issuance

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  9 (1) The Minister must issue the permit referred to in subsection 8(1) or (2) if the following conditions are met:

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    (a) the applicant has demonstrated that, at the time of the application, there was no technically or economically feasible alternative or substitute for the prohibited toxic substance available to them other than a substance regulated under these Regulations;

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

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    (c) the applicant has prepared a plan respecting the prohibited toxic substance that identifies the measures that they will take to comply with these Regulations; and

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    (d) the applicant has provided the period within which the plan is to be implemented and that period does not exceed three years from the day on which the permit is first issued.

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  Marginal note:Authorization

  (2) A permit issued under this section authorizes the permit holder to continue to manufacture or import the prohibited toxic substance set out in column 1 of Schedule 1, or the product containing that substance for which the permit was issued for the period of validity of the permit.

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  Marginal note:Use or sale

  (3) A person may use or sell a prohibited toxic substance, or a product containing that substance if the substance or product was manufactured or imported in accordance with a permit issued under subsection (1).

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  Marginal note:Implementation of measures

  (4) A permit holder must implement and maintain the measures referred to in paragraphs (1)(b) and (c) for the period of validity of the permit.

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  Marginal note:Refusal

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

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

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    (b) the information required under subsection 8(7) has not been provided or is insufficient to enable the Minister to process the application.

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  Marginal note:Expiry

  (6) A permit expires on the first anniversary of the day on which it is issued or renewed.

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  Marginal note:Application for renewal

  (7) An application for renewal must be made in accordance with this section and may only be made twice.

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  Marginal note:Clarifications

  (8) The Minister may require from the applicant any clarification that is necessary for the application for renewal to be processed.

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  Marginal note:Renewal

  (9) The Minister must renew the permit if

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    (a) the applicant submits an application for renewal at least 90 days before the day on which the permit expires; and

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    (b) the application contains the information set out in Schedule 4.

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  Marginal note:Notice of change to information

  (10) The applicant must notify the Minister in writing of any change to the information provided under this section within 30 days after the day on which the change occurs.