GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 91
Publication of proposed preventive or control actions 91 (1) Subject to subsections (2), (6) and (7), within two years after the publication of the Ministers’ statement under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, in respect of a substance is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, (a) the Minister shall publish in the Canada Gazette (i) a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act, other than an instrument that may be made only by the Minister of Health, or (ii) a statement — identifying a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under any other Act of Parliament other than an Act for whose administration the Minister of Health is responsible — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is to be made; or (b) the Minister of Health shall publish in the Canada Gazette (i) an instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made by that Minister under this Act, or (ii) a statement identifying a regulation or instrument respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament for whose administration that Minister is responsible. Exceptions (2) Subsection (1) does not apply in respect of (a) a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 in relation to which the measure the Ministers propose to take, as confirmed or amended, is a recommendation that the substance be added to the other Part; or (b) a substance in relation to which a statement has been published under subparagraph 77(6)(c)(ii). (3) [Repealed, 2023, c. 12, s. 30] (4) [Repealed, 2023, c. 12, s. 30] (5) [Repealed, 2023, c. 12, s. 30] Publication of subsequent proposals (6) Any proposed regulation or instrument respecting preventive or control actions in relation to a substance that is made after the publication of a proposed regulation or instrument published within the period of two years referred to in subsection (1) shall be published in the Canada Gazette . Suspension of time where board of review (7) Where a board of review is established under section 333, the period of two years referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board’s report is received by the Ministers. 1999, c. 33, s. 91; 2017, c. 26, s. 63(E) 2023, c. 12, s. 30
Canadian Environmental Protection Act, 1999 — C-15.31 92
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. Suspension of time where board of review (2) Where a board of review is established under section 333 in relation to a substance, the period of 18 months referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board has submitted its report to the Minister under subsection 340(1). 1999, c. 33, s. 92 2023, c. 12, s. 31
Canadian Environmental Protection Act, 1999 — C-15.31 93
he 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; (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; (x) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify (i) any requirement for sampling, analyses, tests, measurements or monitoring, or (ii) the conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and (y) any other matter that by this Part is to be defined or prescribed or that is necessary to carry out the purposes of this Part. Definition of sell (2) In this section, sell includes, in respect of a substance, the transfer of the physical possession or control of the substance. Advice by Committee (3) Before a regulation is made under subsection (1), the Minister shall give the Committee an opportunity to advise the Ministers. Substances regulated under other Acts of Parliament (4) The Governor in Council shall not make a regulation under subsection (1) in respect of a substance if, in the opinion of the Governor in Council, the regulation regulates an aspect of the substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health. 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. 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 . 1999, c. 33, s. 93 2023, c. 12, s. 33
Canadian Environmental Protection Act, 1999 — C-15.31 94
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. Effect of order (2) Subject to subsection (3), an interim order has effect (a) from the time it is made; and (b) as if it were a regulation made under section 93. Approval of Governor in Council (3) An interim order ceases to have effect unless it is approved by the Governor in Council within 14 days after it is made. Consultation (4) The Governor in Council shall not approve an interim order unless the Minister has (a) within 24 hours after making the order, offered to consult with all affected governments to determine whether they are prepared to take sufficient action to deal with the significant danger; and (b) consulted with other ministers of the Crown in right of Canada to determine whether any action can be taken under any other Act of Parliament to deal with the significant danger. Recommendation of regulations (5) Where the Governor in Council approves an interim order, the Ministers shall, within 90 days after the approval, publish in the Canada Gazette a statement indicating whether the Ministers intend to recommend to the Governor in Council (a) that a regulation having the same effect as the order be made under section 93; and (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. Contravention of unpublished order (6) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the date of the alleged contravention, that person had been notified of the interim order. Cessation of effect (7) Subject to subsection (3), an interim order ceases to have effect on the earliest of (a) the day it is repealed, (b) the day a regulation referred to in subsection (5) is made, and (c) two years after the order is made. 1999, c. 33, s. 94 2023, c. 12, s. 34
Canadian Environmental Protection Act, 1999 — C-15.31 96
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. Request for confidentiality (2) A person making a report under subsection (1) may request that the person’s identity and any information that could reasonably reveal the identity not be released. Requirement for confidentiality (3) Where a person makes a request under subsection (2), no person shall release or cause to be released the identity of the person making the request or any information that could reasonably be expected to reveal their identity unless the person making the request authorizes the release in writing. Employee protection (4) Despite any other Act of Parliament, no employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that (a) the employee has made a report under subsection (1); (b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is an offence under this Act; or (c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done by or under this Act. 1999, c. 33, s. 96 2023, c. 12, s. 36
Canadian Environmental Protection Act, 1999 — C-15.31 97
Regulations 97 The Governor in Council may make regulations (a) designating persons for the purposes of paragraph 95(1)(a) and subsection 95(3) and prescribing the form of the report to be made under those provisions and the information to be contained in it; (b) respecting the notification and reporting of a release; (c) declaring provisions to be adequate for the purpose of subsection 95(4); and (d) generally for carrying out the purposes and provisions of sections 95 and 96.
Canadian Environmental Protection Act, 1999 — C-15.31 98
Recovery of reasonable costs and expenses by Her Majesty 98 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 95(5) from (a) any person referred to in paragraph 95(2)(a); and (b) any person referred to in paragraph 95(2)(b) to the extent that that person knowingly or negligently caused or contributed to the release. Reasonably incurred (2) The costs and expenses referred to in subsection (1) shall only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Joint and several liability (3) Subject to subsection (4), the persons referred to in subsection (1) are jointly and severally liable or solidarily liable for the costs and expenses referred to in that subsection. Limitation (4) A person referred to in paragraph 95(2)(b) shall not be held liable under subsection (3) to an extent greater than the extent to which the person knowingly or negligently caused or contributed to the release. Procedure (5) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (6) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation period (7) Where events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or become evident to the Minister, whichever is later. Minister’s certificate (8) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister shall be received in evidence and, in the absence of any evidence to the contrary, the document shall be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof.
Canadian Environmental Protection Act, 1999 — C-15.31 99
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, (a) direct any manufacturer, processor, importer, retailer or distributor of the substance or product to take any or all of the following measures: (i) give public notice in a manner directed by the Minister of any danger to the environment or to human life or health posed by the substance or product, (ii) mail a notice as described in subparagraph (i) to every manufacturer, processor, distributor or retailer of the substance or product, or (iii) mail a notice as described in subparagraph (i) to every person to whom the substance or product is known to have been delivered or sold; and (b) direct any manufacturer, processor, distributor, importer or retailer of the substance or product to take any or all of the following measures: (i) replace the substance or product with one that does not pose a danger to the environment or to human life or health, (ii) accept the return of the substance or product from the purchaser and refund the purchase price, or (iii) any other measures for the protection of the environment or of human life or health. 1999, c. 33, s. 99 2023, c. 12, s. 37
Canadian Environmental Protection Act, 1999 — C-15.31 100
Export Control List 100 The Ministers may, by order, (a) add to Part 1 of the Export Control List in Schedule 3 any substance the use of which is prohibited in Canada by or under an Act of Parliament, and delete any substance from that Part; (b) add to Part 2 of the Export Control List in Schedule 3 any substance that is subject to an international agreement that requires notification or requires the consent of the country of destination before the substance is exported from Canada, and delete any substance from that Part; and (c) add to Part 3 of the Export Control List in Schedule 3 any substance the use of which is restricted in Canada by or under an Act of Parliament, and delete any substance from that Part.
Canadian Environmental Protection Act, 1999 — C-15.31 101
Notice to Minister 101 (1) Subject to subsection (4), no person shall export a substance specified in the Export Control List in Schedule 3 unless the person provides prior notice of the proposed export to the Minister in accordance with the regulations made under subsection 102(1). Restrictions on export (2) Subject to subsection (4), no person shall export a substance specified in Part 1 of the Export Control List in Schedule 3 unless the export of the substance (a) is for the purpose of destroying the substance or complying with a direction under subparagraph 99(b)(iii); and (b) is done in accordance with any regulations made under subsection 102(1). Restrictions on export (3) Subject to subsection (4), no person shall export a substance specified in Part 2 or 3 of the Export Control List in Schedule 3 unless the export of the substance is done in accordance with any regulations made under subsection 102(1). Total prohibition on export (4) No person shall export a substance specified in the Export Control List in Schedule 3 if the export of the substance is prohibited by a regulation made under subsection 102(2).
Canadian Environmental Protection Act, 1999 — C-15.31 102
Regulations respecting exports 102 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations in relation to substances specified in the Export Control List in Schedule 3 (a) respecting the information that must be given to the Minister regarding an export of such a substance, the time when or period within which the information must be given, and the manner in which it must be given; (b) respecting the information that must accompany an export of such a substance and the manner in which it must accompany the substance; (c) respecting conditions under which a person may export such a substance; (d) respecting the information that must be kept by a person who exports such a substance and the manner in which, the period for which and the place where the information must be kept; and (e) generally for carrying out the purposes of section 101. Regulations prohibiting exports (2) The Governor in Council may, on the recommendation of the Ministers, make regulations prohibiting the export of a substance specified in the Export Control List in Schedule 3.
Canadian Environmental Protection Act, 1999 — C-15.31 103
Publication of exports 103 If a person exports a substance specified in the Export Control List in Schedule 3, the Minister shall publish in the Environmental Registry the name or specifications of the substance, the name of the exporter and the name of the country of destination.
Canadian Environmental Protection Act, 1999 — C-15.31 104
Definitions 104 The definitions in this section apply in this Part. living organism means a substance that is an animate product of biotechnology. ( organisme vivant ) significant new activity includes, in respect of a living organism, any activity that results or may result in (a) the entry or release of the living organism into the environment in a quantity or concentration that, in the Ministers’ opinion, is significantly greater than the quantity or concentration of the living organism that previously entered or was released into the environment; or (b) the entry or release of the living organism into the environment or the exposure or potential exposure of the environment to the living organism in a manner and circumstances that, in the Ministers’ opinion, are significantly different from the manner and circumstances in which the living organism previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the living organism. ( nouvelle activité )
Canadian Environmental Protection Act, 1999 — C-15.31
living organism means a substance that is an animate product of biotechnology. ( organisme vivant )
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
significant new activity includes, in respect of a living organism, any activity that results or may result in (a) the entry or release of the living organism into the environment in a quantity or concentration that, in the Ministers’ opinion, is significantly greater than the quantity or concentration of the living organism that previously entered or was released into the environment; or (b) the entry or release of the living organism into the environment or the exposure or potential exposure of the environment to the living organism in a manner and circumstances that, in the Ministers’ opinion, are significantly different from the manner and circumstances in which the living organism previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the living organism. ( nouvelle activité )
Canadian Environmental Protection Act, 1999 — C-15.31 105
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 (a) was manufactured in or imported into Canada by any person; and (b) entered or was released into the environment without being subject to conditions under this or any other Act of Parliament or of the legislature of a province. Amendment of List (2) Where the Minister includes a living organism on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraphs (1)(a) and (b) were not met, the Minister shall delete the substance from the List. Publication of List (3) The Minister shall publish in the Canada Gazette the Domestic Substances List and any amendment to the List. 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. 1999, c. 33, s. 105 2023, c. 12, s. 38
Canadian Environmental Protection Act, 1999 — C-15.31 105.1
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. Designation (2) The Minister may, by order, designate any person or class of persons to exercise the power set out in subsection (1). 2023, c. 12, s. 39
Canadian Environmental Protection Act, 1999 — C-15.31 105.2
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. 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. 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. 39