GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 57
Plan prepared or implemented for another purpose 57 (1) Subject to subsection (2), where a person who is required to prepare or implement a pollution prevention plan under a notice published under section 56 has prepared or implemented a plan in respect of pollution prevention on a voluntary basis or for another government or under another Act of Parliament that meets all or some of the requirements of the notice, the person may use that plan for the purposes of meeting the requirements of this Part and, in that case, the plan shall be considered to be a pollution prevention plan that has been prepared or implemented under this Part. Where partial requirements met (2) Where a person uses a plan under subsection (1) that does not meet all of the requirements of the notice, the person shall (a) amend the plan so that it meets all of those requirements; or (b) prepare an additional pollution prevention plan that meets the remainder of those requirements.
Canadian Environmental Protection Act, 1999 — C-15.31 58
Declaration of preparation 58 (1) Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the end of the period for the preparation of the plan specified in the notice referred to in subsection 56(1) or extended under subsection 56(3), or specified by the court under section 291 or in the agreement, as the case may be, a written declaration to the Minister that the plan has been prepared and is being implemented. Declaration of implementation (2) Every person who is required to implement a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall file, within 30 days after the completion of the implementation of the plan, a written declaration to the Minister that the implementation of the plan has been completed. Filing of amended declaration (3) Where a person has filed a declaration under subsection (1) or (2) and the declaration contains information that, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after that time. Form of declaration (4) A declaration referred to in subsection (1), (2) or (3) shall be filed in the form and manner and contain the information specified by the Minister.
Canadian Environmental Protection Act, 1999 — C-15.31 59
Requirement to keep plan 59 Every person who is required to prepare a pollution prevention plan under section 56 or 291 or under an agreement in respect of environmental protection alternative measures shall keep a copy of the plan at the place in Canada in relation to which the plan is prepared.
Canadian Environmental Protection Act, 1999 — C-15.31 60
Requirement to submit certain plans 60 (1) The Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice who are required to prepare and implement a pollution prevention plan under section 56 to submit, within the period specified by the Minister, the plan or any part of the plan for the purpose of determining and assessing preventive or control actions in respect of a substance, group of substances or product. Submission of plans required by court or agreement (2) The Minister may publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice who are required to prepare and implement a pollution prevention plan under section 291 or under an agreement in respect of environmental protection alternative measures to submit, within the period specified by the Minister, the plan or any part of the plan. 1999, c. 33, s. 60 2023, c. 12, s. 11
Canadian Environmental Protection Act, 1999 — C-15.31 61
Model plans 61 For the purpose of providing guidance in the preparation of a pollution prevention plan, the Minister may publish in the Canada Gazette or in any other manner that the Minister considers appropriate a model pollution prevention plan or a notice stating where a copy of the plan may be obtained.
Canadian Environmental Protection Act, 1999 — C-15.31 62
Guidelines 62 (1) The Minister shall, with particular consideration of paragraph 2(1)(m), develop guidelines respecting the circumstances in which and the conditions under which pollution prevention planning is appropriate. Consultation (2) In carrying out the duties under subsection (1), the Minister shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment. Minister may act (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with subsection (2), the Minister may act under subsection (1) if the offer to consult is not accepted by the government of a province or members of the Committee who are representatives of aboriginal governments.
Canadian Environmental Protection Act, 1999 — C-15.31 63
Information clearing-house 63 (1) The Minister may, for the purposes of encouraging and facilitating pollution prevention, establish and maintain a national pollution prevention information clearing-house in order to collect, exchange and distribute information relating to pollution prevention. Recognition program (2) The Minister may establish a program to publicly recognize significant achievements in the area of pollution prevention. Cooperation with other bodies (3) The Minister may, in exercising the powers conferred by subsections (1) and (2), act alone or in cooperation with any government in Canada or government of a foreign state or any of its institutions or any person.
Canadian Environmental Protection Act, 1999 — C-15.31 64
Toxic substances 64 For the purposes of this Part and Part 6, except where the expression “inherently toxic” appears, a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity; (b) constitute or may constitute a danger to the environment on which life depends; or (c) constitute or may constitute a danger in Canada to human life or health.
Canadian Environmental Protection Act, 1999 — C-15.31 66
Domestic Substances List 66 (1) The Minister shall, for the purpose of section 81, maintain a list to be known as the Domestic Substances List and, subject to subsection 66.2(1), the List shall specify all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986, (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or (b) in Canadian commerce or used for commercial manufacturing purposes in Canada. Non-domestic Substances List (2) The Minister shall, for the purpose of section 81, maintain a list to be known as the Non-domestic Substances List, and the List shall specify substances, other than (a) the substances referred to in subsection (1), unless the substance has been deleted from the Domestic Substances List under subsection 66.2(1); and (b) living organisms within the meaning of Part 6. Amendment of Lists (3) Where a substance was not included on the Domestic Substances List and the Minister subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were met in respect of the substance, the Minister shall add the substance to the List and, where necessary, delete it from the Non-domestic Substances List. Amendment of Lists (4) Where the Minister includes a substance on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were not met in respect of the substance, the Minister shall delete the substance from the List and may add it to the Non-domestic Substances List. Publication of Lists (5) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate the Domestic Substances List, the Non-domestic Substances List and any amendments to those Lists. Designation (6) 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. 1999, c. 33, s. 66 2023, c. 12, s. 13
Canadian Environmental Protection Act, 1999 — C-15.31 66.1
Domestic Substances List — Food and Drugs Act 66.1 (1) The Minister may, for the purpose of section 81, add a substance to the Domestic Substances List if (a) the substance 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; (b) the substance is not referred to in Annex I to the notice entitled “Removal of substances with no commercial activity from the Revised In Commerce List” published in the Canada Gazette , Part I, Volume 156, Number 8; and (c) no conditions specified under paragraph 84(1)(a) in respect of the substance are in effect. If the substance appears on the Non-domestic Substances List, the Minister shall delete it from that List. Designation (2) The Minister may, by order, designate any person or class of persons to exercise the powers set out in subsection (1). 2023, c. 12, s. 14
Canadian Environmental Protection Act, 1999 — C-15.31 66.2
Amendment of Lists 66.2 (1) If the Minister is satisfied that a substance referred to in subsection 66(1) that is specified on the Domestic Substances List — or a substance added to the List under subsection 66.1(1) or 87(1) or (5) — is not being manufactured in Canada, imported into Canada, in Canadian commerce or used for commercial manufacturing purposes in Canada, the Minister may delete the substance from the List and may add it to the Non-domestic Substances List. Publication — notice of intent (2) Before deleting a substance 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. Comments (3) Within 60 days after the publication of the notice, any person may file written comments with the Minister. 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. 2023, c. 12, s. 14
Canadian Environmental Protection Act, 1999 — C-15.31 67
Regulation of criteria 67 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations (a) respecting a property or characteristic of a substance, including persistence, bioaccumulation, carcinogenicity, mutagenicity and reproductive toxicity; (b) prescribing the substances or groups of substances in respect of which the property or characteristic may be applicable; (c) prescribing the conditions under which and the circumstances in which the property or characteristic may be applicable; (d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic, including conditions, test procedures and laboratory practices to be followed for replacing, reducing or refining the use of vertebrate animals; and (e) respecting, for the purpose of subsection 77(3), the classification of a substance as a substance that poses the highest risk. Condition (2) No regulation that is applicable to a mineral or metal may be made under subsection (1) unless, in the opinion of the Ministers, the natural occurrence, properties and characteristics of that mineral or metal in the environment have been taken into consideration. 1999, c. 33, s. 67; 2001, c. 34, s. 28(F) 2023, c. 12, s. 15
Canadian Environmental Protection Act, 1999 — C-15.31 68
Research, investigation and evaluation 68 For the purpose of assessing whether a substance is toxic or is capable of becoming toxic — or for the purpose of assessing whether to control, or the manner in which to control, a substance, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1, either Minister may (a) collect or generate data and conduct investigations respecting any matter in relation to the substance or product including (i) whether short-term exposure to the substance causes significant effects, (ii) the potential of organisms in the environment to be widely exposed to the substance, (iii) whether organisms are exposed to the substance via multiple pathways, (iii.1) whether exposure to the substance in combination with exposure to other substances has the potential to cause cumulative effects, (iii.2) whether there is a vulnerable population or environment in relation to the substance, (iv) the ability of the substance to cause a reduction in metabolic functions of an organism, (v) the ability of the substance to cause delayed or latent effects over the lifetime of an organism, including carcinogenic, mutagenic or neurotoxic effects, (vi) the ability of the substance to cause survival impairment of an organism, (vi.1) the ability of the substance to disrupt the reproductive system or endocrine system of an organism, (vii) whether exposure to the substance has the potential to contribute to population failure of a species, (viii) the ability of the substance to cause transgenerational effects, (ix) quantities, uses and disposal of the substance, (x) the manner in which the substance is released into the environment, (xi) the extent to which the substance can be dispersed and will persist in the environment, (xii) the existence, development and use of safer or more sustainable alternatives to the substance or product, (xiii) methods of controlling the presence of the substance in the environment, (xiv) methods of reducing the quantity of the substance used or produced or the quantities or concentration of the substance released into the environment, and (xv) the manner in which the public may be provided with information regarding the substance or product, including, in the case of a product, by labelling it; (b) correlate and evaluate any data collected or generated under paragraph (a) and publish results of any investigations carried out under that paragraph; and (c) provide information and make recommendations respecting any matter in relation to the substance or product, including measures to control the presence of the substance or product in the environment. 1999, c. 33, s. 68 2023, c. 12, s. 16
Canadian Environmental Protection Act, 1999 — C-15.31 68.1
Restriction — vertebrate animals 68.1 (1) The Ministers shall, to the extent practicable, use scientifically justified alternative methods and strategies to replace, reduce or refine the use of vertebrate animals in the generation of data and the conduct of investigations under paragraph 68(a). Methods and strategies to refine use (2) For the purposes of subsection (1), methods and strategies to refine the use of vertebrate animals include minimizing pain and distress caused to vertebrate animals used in the generation of data and the conduct of investigations under paragraph 68(a). 2023, c. 12, s. 16.1
Canadian Environmental Protection Act, 1999 — C-15.31 69
Formulation of guidelines by the Ministers 69 (1) Either Minister or both Ministers, as the case may be, may issue guidelines for the purposes of the interpretation and application of the provisions of this Part for which they have responsibility. Consultation (2) In exercising the powers under subsection (1), either Minister or both Ministers shall offer to consult with the government of a province and the members of the Committee who are representatives of aboriginal governments and may consult with a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in assessing and controlling toxic substances. Saving (2.1) Nothing in subsection (2) shall prevent either Minister or both Ministers from exercising the powers under subsection (1) at any time after the 60th day following the day on which an offer is made under subsection (2). Guidelines public (3) Guidelines issued under this section shall be made available to the public, and the Minister who issued the guidelines shall give notice of them in the Canada Gazette and in any other manner that that Minister considers appropriate. 1999, c. 33, s. 69 2023, c. 12, s. 17
Canadian Environmental Protection Act, 1999 — C-15.31 70
Notice to the Minister 70 Where a person (a) imports, manufactures, transports, processes or distributes a substance for commercial purposes, or (b) uses a substance in a commercial manufacturing or processing activity, and obtains information that reasonably supports the conclusion that the substance is toxic or is capable of becoming toxic, the person shall without delay provide the information to the Minister unless the person has actual knowledge that either Minister already has the information.
Canadian Environmental Protection Act, 1999 — C-15.31 71
ner in which the test results are to be submitted; (c) the method to be used to quantify any information that is to be provided; and (d) the manner in which that information and any sample is to be provided. Compliance with notice (3) Every person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent shall comply with the notice within the time specified in the notice. Extension of time (4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent, extend the time or times within which the person shall comply with the notice. 1999, c. 33, s. 71; 2001, c. 34, s. 29(F) 2023, c. 12, s. 18
Canadian Environmental Protection Act, 1999 — C-15.31 72
Exercise of power under paragraph 71(1)(c) 72 The Minister may not exercise the power under paragraph 71(1)(c) in relation to a substance, a product that contains a substance or a product that may release a substance into the environment unless the Ministers have reason to suspect that the substance is toxic or capable of becoming toxic or it has been determined under this Act that the substance is toxic or capable of becoming toxic. 1999, c. 33, s. 72 2023, c. 12, s. 19
Canadian Environmental Protection Act, 1999 — C-15.31 73
Plan — priorities 73 (1) The Ministers shall, within two years after the day on which this section receives royal assent, develop and publish a plan with timelines (a) that specifies the substances to which the Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic; (b) that specifies the activities or initiatives in relation to assessing, controlling or otherwise managing the risks to the environment or to human health posed by substances that are or will be undertaken under an Act of Parliament for whose administration either Minister is responsible and which the Ministers are of the opinion should be prioritized; and (c) that specifies activities or initiatives to promote the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to replace, reduce or refine the use of vertebrate animals. Consultation and considerations (2) In developing a proposed plan, and in implementing the plan, the Ministers (a) may consult with the Committee, a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or the preservation and improvement of public health; (b) shall consider whether assessing substances by class is more advantageous than assessing them individually, with a view toward avoiding substitutions within the class that may be harmful; and (c) shall take into account the matters referred to in paragraph 68(a), including the manner in which the public may be provided with information regarding substances or products including, in the case of products, by labelling them. Publication of proposed plan (3) The Minister shall publish the proposed plan in the Environmental Registry and shall give notice in the Canada Gazette and in any other manner that the Minister considers appropriate of the proposed plan’s availability. Comments (4) Within 60 days after the publication of the notice, any person may file with the Minister written comments on the proposed plan. Consideration of comments (5) The Ministers shall take into account the comments and may amend the proposed plan in any manner they consider appropriate based on those comments. Publication of plan (6) The Minister shall publish the plan in the Canada Gazette and in any other manner that the Minister considers appropriate. Review of plan (7) The Ministers shall review the plan within eight years after it is published and every eight years after that. Application (8) If after reviewing the plan the Ministers propose to amend it, subsections (2) to (7) apply to the proposed amended plan. 1999, c. 33, s. 73 2023, c. 12, s. 19
Canadian Environmental Protection Act, 1999 — C-15.31 74
Report to Parliament 74 The Ministers shall include in the annual report required by section 342 a report on the progress made in assessing the substances specified in the plan developed under section 73 and in respect of any activities or initiatives specified in the plan. 1999, c. 33, s. 74 2023, c. 12, s. 19
Canadian Environmental Protection Act, 1999 — C-15.31 75
Definition of jurisdiction 75 (1) In this section, jurisdiction means (a) a government in Canada; or (b) the government of a foreign state or of a subdivision of a foreign state that is a member of the Organization for Economic Co-operation and Development. Procedures for exchange of information with other jurisdictions (2) The Minister shall, to the extent possible, cooperate and develop procedures with jurisdictions, other than the Government of Canada, to exchange information respecting substances that are specifically prohibited or substantially restricted by or under the legislation of those jurisdictions for environmental or health reasons. Review of decisions of other jurisdictions (3) Where the Minister is notified in accordance with procedures developed under subsection (2) of a decision to specifically prohibit or substantially restrict any substance by or under the legislation of another jurisdiction for environmental or health reasons, the Ministers shall review the decision in order to determine whether the substance is toxic or capable of becoming toxic, unless the decision relates to a substance the only use of which in Canada is regulated under another Act of Parliament that provides for environmental and health protection.