GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canadian Environmental Protection Act, 1999 — C-15.31 75.1
List of substances capable of becoming toxic 75.1 (1) The Minister shall compile and may amend from time to time a list that specifies substances that the Ministers have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic. Additional information (2) The List may include information regarding a substance specified on the List, including an indication that (a) the substance is specified on the Domestic Substances List with an indication that subsection 81(3) or 106(3) applies with respect to the substance; or (b) the Minister has published a notice in the Canada Gazette indicating that subsection 81(4) or 106(4) applies with respect to the substance. Deletion of item (3) The Minister shall delete a substance from the List, as well as any information regarding the substance that is specified on the List, if (a) an order is made under subsection 90(1) adding the substance to the list of toxic substances in Schedule 1; or (b) the Ministers no longer have reason to suspect that the substance is capable of becoming toxic. Publication (4) The Minister shall publish the List and any amendments to it in the Environmental Registry and in any other manner that the Minister considers appropriate. Statutory Instruments Act (5) The List is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act . 2023, c. 12, s. 20
Canadian Environmental Protection Act, 1999 — C-15.31 76
Request to assess substance 76 (1) Any person may file in writing with the Minister a request that the Ministers assess a substance to determine whether it is toxic or capable of becoming toxic. Consideration of request (2) The Ministers shall consider the request and decide whether to add the substance to the plan developed under section 73 or deny the request. Notification of decision (2.1) Within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of the decision, how the Ministers intend to deal with it and the reasons for dealing with it in that manner. Form and manner (3) A request shall be filed in the form and manner and shall contain the information specified by the Minister. 1999, c. 33, s. 76 2023, c. 12, s. 20
Canadian Environmental Protection Act, 1999 — C-15.31 76.1
Weight of evidence and precautionary principle 76.1 (1) The Ministers shall apply a weight of evidence approach and the precautionary principle when they are conducting and interpreting the results of (a) an assessment conducted under this Part, other than under section 83, in order to determine whether a substance is toxic or capable of becoming toxic; or (b) a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada. Vulnerable population and cumulative effects (2) When the Ministers are conducting and interpreting the results of an assessment or review referred to in subsection (1), they shall consider available information on any vulnerable population or environment in relation to the substance and on the cumulative effects on human health and the environment that may result from exposure to the substance in combination with exposure to other substances. 1999, c. 33, s. 76.1 2023, c. 12, s. 20
Canadian Environmental Protection Act, 1999 — C-15.31 77
r that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it. Exemption (7) If the Ministers publish a statement under paragraph (6)(b) in respect of a substance already specified on the list of toxic substances in Schedule 1, paragraph (6)(c) does not apply. Delay — publication of final decision (8) If more than two years have elapsed after the publication of a statement under paragraph (1)(a) without the Ministers having published a statement under paragraph (6)(b), the Minister shall publish in the Environmental Registry a statement made jointly by the Ministers indicating the reasons for the delay and an estimated time frame within which the statement under paragraph (6)(b) is to be published. Recommendation to Governor in Council (9) When the Ministers publish a statement under paragraph (6)(b) indicating that the measure that they propose to take is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, the Ministers shall make a recommendation for an order under subsection 90(1), and, if the substance is already specified in the other Part, the Ministers shall make a recommendation for an order under subsection 90(2). 1999, c. 33, s. 77 2023, c. 12, s. 21
Canadian Environmental Protection Act, 1999 — C-15.31 78
Subsequent regulations or instruments 78 (1) If the Ministers publish a statement under subparagraph 77(6)(c)(i) indicating that more than one proposed regulation or instrument respecting preventive or control actions in relation to a substance is to be developed, the Minister shall, when the first regulation or instrument respecting preventive or control actions in relation to the substance is published under paragraph 92(1)(a) or a statement identifying the first such regulation or instrument is published under paragraph 92(1)(b) or (c), as the case may be, publish in the Environmental Registry and in any other manner that the Minister considers appropriate a statement respecting the development of the subsequent proposed regulations or instruments that specifies, to the extent possible, an estimated time frame within which those proposed regulations or instruments are to be developed. Amendments to statement (2) If the Ministers amend the statement respecting the development of the subsequent proposed regulations or instruments, the Minister shall publish that statement as amended and the reasons for the amendment in the Environmental Registry and in any other manner that the Minister considers appropriate. Progress report (3) The Minister shall include in the annual report required by section 342 a report on the progress made in developing any subsequent proposed regulations or instruments. Update on estimated timelines (4) The report on progress referred to in subsection (3) shall include an update on estimated timelines and reasons for any delay. 1999, c. 33, s. 78 2023, c. 12, s. 22
Canadian Environmental Protection Act, 1999 — C-15.31 80
Definitions 80 The definitions in this section apply in sections 81 to 89. significant new activity includes, in respect of a substance, any activity that results in or may result in (a) the entry or release of the substance into the environment in a quantity or concentration that, in the Ministers’ opinion, is significantly greater than the quantity or concentration of the substance that previously entered or was released into the environment; or (b) the entry or release of the substance into the environment or the exposure or potential exposure of the environment to the substance in a manner and circumstances that, in the Ministers’ opinion, are significantly different from the manner and circumstances in which the substance previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the substance. ( nouvelle activité ) substance means a substance other than a living organism within the meaning of Part 6. ( substance )
Canadian Environmental Protection Act, 1999 — C-15.31 (a)
significant new activity includes, in respect of a substance, any activity that results in or may result in (a) the entry or release of the substance into the environment in a quantity or concentration that, in the Ministers’ opinion, is significantly greater than the quantity or concentration of the substance that previously entered or was released into the environment; or (b) the entry or release of the substance into the environment or the exposure or potential exposure of the environment to the substance in a manner and circumstances that, in the Ministers’ opinion, are significantly different from the manner and circumstances in which the substance previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the substance. ( nouvelle activité )
Canadian Environmental Protection Act, 1999 — C-15.31
substance means a substance other than a living organism within the meaning of Part 6. ( substance )
Canadian Environmental Protection Act, 1999 — C-15.31 82
Prohibition of activity 82 (1) Where the Minister has reasonable grounds to believe that a person has used, manufactured or imported a substance in contravention of subsection 81(1), (3) or (4), the Minister may, in writing, require the person to provide the information referred to in that subsection and prohibit any activity involving the substance until the expiry of the period for assessing the information under section 83. Waiver of information requirements (2) On the request of any person required under subsection (1) to provide information, the Minister may waive any of the requirements for prescribed information if one of the conditions specified in paragraphs 81(8)(a) to (c) is met and, in that case, subsections 81(9) to (13) apply with respect to the waiver. (3) [Repealed, 2017, c. 26, s. 24] 1999, c. 33, s. 82; 2017, c. 26, s. 24
Canadian Environmental Protection Act, 1999 — C-15.31 83
Assessment of information 83 (1) Subject to subsection (4), the Ministers shall, within the prescribed assessment period, assess information provided under subsection 81(1), (3) or (4) or paragraph 84(1)(c) or otherwise available to them in respect of a substance in order to determine whether it is toxic or capable of becoming toxic. Assessment of information (2) Subject to subsections (3) and (4), the Ministers shall assess information provided under subsection 82(1) or otherwise available to them in respect of a substance in order to determine whether it is toxic or capable of becoming toxic. Time for assessment (3) An assessment of information under subsection (2) shall be made following the date on which the information is provided within a period that does not exceed the number of days in the prescribed assessment period. Extension of assessment period (4) Where the Ministers are of the opinion that further time is necessary to assess any information, the Minister may, before the expiry of the assessment period referred to in subsection (1) or (3), extend the period for assessing the information, but the extension shall not exceed the number of days in the prescribed assessment period. Notification of extension (5) Where the Minister extends the period for assessing information, the Minister shall, before the expiry of the assessment period referred to in subsection (1) or (3), notify the person who provided the information. Termination of period (6) The Minister may, before the expiry of the assessment period referred to in subsection (1) or (3), terminate the period for assessing information and, immediately before doing so, shall notify the person who provided the information.
Canadian Environmental Protection Act, 1999 — C-15.31 84
Action to be taken after assessment 84 (1) Where the Ministers have assessed any information under section 83 and they suspect that a substance is toxic or capable of becoming toxic, the Minister may, before the expiry of the period for assessing the information, (a) permit any person to manufacture or import the substance, subject to any conditions that the Ministers may specify; (b) prohibit any person from manufacturing or importing the substance; or (c) request any person to provide any additional information or submit the results of any testing that the Ministers consider necessary for the purpose of assessing whether the substance is toxic or capable of becoming toxic. Additional information or testing (2) Where the Minister requests additional information or test results under paragraph (1)(c), the person to whom the request is directed shall not manufacture or import the substance unless (a) the person provides the additional information or submits the test results; and (b) the period for assessing information under section 83 has expired or a period of 90 days after the additional information or test results were provided has expired, whichever is later. Variation of conditions and prohibitions (3) The Minister may vary or rescind a condition or prohibition specified or imposed under paragraph (1)(a) or (b). Expiry of prohibition (4) Any prohibition on the manufacture or importation of a substance imposed under paragraph (1)(b) expires two years after the day on which it is imposed unless, before the expiry of the two years, there is published in the Canada Gazette (a) a regulation respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act; or (b) a statement, identifying a regulation respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament, (i) made jointly by the Minister and the Minister responsible for the administration of the Act of Parliament under which the regulation is to be made, if the Act is not an Act referred to in subparagraph (ii), or (ii) made by the Minister of Health, if the Act of Parliament is one for whose administration that Minister is responsible. If such a proposed regulation — or such a statement identifying a proposed regulation — is so published, the prohibition expires on the day on which the regulation comes into force. Publication of conditions and prohibitions (5) Where the Minister specifies, imposes, varies or rescinds any condition for or prohibition on the manufacture or importation of a substance, the Minister shall publish in the Canada Gazette a notice setting out the condition or prohibition and the substance in respect of which it applies. 1999, c. 33, s. 84 2023, c. 12, s. 23
Canadian Environmental Protection Act, 1999 — C-15.31 85
Significant new activity 85 (1) Where the Ministers have assessed any information under section 83 in respect of a substance that is not on the Domestic Substances List and they suspect that a significant new activity in relation to the substance may result in the substance becoming toxic, the Minister may, within 90 days after the expiry of the period for assessing the information, publish in the Canada Gazette , and in any other manner that the Minister considers appropriate, a notice indicating that subsection 81(4) applies with respect to the substance. Contents of notice (2) A notice referred to in subsection (1) (a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to which subsection 81(4) is to apply and, if regulations in respect of those significant new activities are not made under paragraphs 89(1)(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 83; and (b) may specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to the substance. Classes of persons (3) The Minister may, by notice published in the Canada Gazette , specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to a substance for which a notice was published under subsection (1), if no such class was specified in that notice. Subsequent notice (4) The Minister may, by notice published in the Canada Gazette , (a) vary the significant new activities in relation to a substance for which a notice has been published under subsection (1) or vary the information to be provided to the Minister under subsection 81(4), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83; (b) indicate that subsection 81(4) no longer applies with respect to the substance; (c) vary the classes of persons, if any, that are specified for the purpose of subsection 86(2) in a notice published under subsection (1) or (3); or (d) indicate that a class of persons is no longer specified for the purpose of subsection 86(2). 1999, c. 33, s. 85 2023, c. 12, s. 24
Canadian Environmental Protection Act, 1999 — C-15.31 86
Notification of persons required to comply 86 (1) Where a notice is published in the Canada Gazette under subsection 85(1) in respect of a substance, every person who transfers the physical possession or control of the substance shall notify all persons to whom the possession or control is transferred of the obligation to comply with subsection 81(4). Exception (2) A person who is within a class of persons that is specified in a notice published under subsection 85(1) or (3) — or, if the class is varied by a notice published under subsection 85(4), within the class as varied — is not required to be notified under subsection (1) with respect to the substance to which the notice relates. 1999, c. 33, s. 86 2023, c. 12, s. 25
Canadian Environmental Protection Act, 1999 — C-15.31 87.1
Notification of persons required to comply 87.1 (1) If a substance is specified on the Domestic Substances List with an indication that subsection 81(3) applies with respect to the substance, every person who transfers the physical possession or control of the substance shall notify all persons to whom the possession or control is transferred of the obligation to comply with that subsection. Exception (2) A person is not required to be notified under subsection (1) with respect to a substance if they are within a class of persons that is specified on the Domestic Substances List in respect of the substance for the purpose of this subsection. 2023, c. 12, s. 27
Canadian Environmental Protection Act, 1999 — C-15.31 88
Publication of masked name 88 Where the publication under this Part of the explicit chemical or biological name of a substance would result in the release of confidential business information in contravention of section 314, the substance shall be identified by a name determined in the prescribed manner.
Canadian Environmental Protection Act, 1999 — C-15.31 89
Regulations 89 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations (a) respecting substances or establishing groups of substances for the purposes of the provision of information under section 81 or 82, including groups of inanimate biotechnology products, polymers, research and development substances and substances manufactured only for export; (b) prescribing maximum exempt quantities for the purpose of paragraph 81(6)(e); (c) respecting the information to be provided to the Minister under subsection 81(1), (3) or (4) or section 82; (d) prescribing dates on or before which information shall be provided under subsection 81(1), (3) or (4); (e) respecting the maintenance of books and records for the administration of any regulation made under this section; (f) prescribing the purpose for which a substance must be used so as to permit the waiver of information requirements under subsection 81(8); (g) prescribing periods within which the Ministers shall assess information under subsection 83(1); (h) respecting the conditions, test procedures and laboratory practices to be followed in developing test data on a substance in order to comply with the information requirements of section 81 or 82 or requests for information under paragraph 84(1)(c); (i) prescribing quantities for the purpose of section 87; (i.1) prescribing information that shall be provided to the Minister under subsection 87(5); (j) prescribing the manner of determining a name for a substance for the purpose of section 88; and (k) generally for carrying out the purposes and provisions of sections 66 to 66.2 and 80 to 88. Prescribed assessment period (2) For the purposes of sections 81 and 83, where no assessment period is prescribed or specified with respect to a substance, the prescribed assessment period is 90 days after the Minister is provided with the prescribed information. Prescription of quantities (3) Regulations made under paragraph (1)(b) or (i) may prescribe quantities in respect of a substance in terms of (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a); or (b) the purposes for which the substance is manufactured or imported. Prescription of information and assessment periods (4) Regulations made under paragraph (1)(c), (d) or (g) may prescribe information, dates or periods in respect of a substance in terms of (a) whether or not the substance is on the Non-domestic Substances List or is a member of a group of substances established by regulations made under paragraph (1)(a); (b) the purposes for which the substance is manufactured or imported; or (c) the quantity in which the substance is manufactured or imported. 1999, c. 33, s. 89; 2017, c. 26, s. 25 2023, c. 12, s. 28
Canadian Environmental Protection Act, 1999 — C-15.31 90
Addition to list of toxic substances 90 (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an order adding the substance to Part 1 or 2 of the list of toxic substances in Schedule 1. Priorities (1.1) In developing a proposed regulation or instrument respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives for the environment or human health, in relation to a substance specified on the list of toxic substances in Schedule 1, the Ministers shall give priority to pollution prevention actions and, in particular, in the case of a substance specified in Part 1 of the list of toxic substances in that Schedule, to the total, partial or conditional prohibition of activities in relation to the substance or of releases of the substance into the environment. Consideration of factors (1.2) For the purposes of subsection (1.1), the Ministers shall, in respect of a substance specified in Part 1 of the list of toxic substances in Schedule 1, consider whether the activity or release can be undertaken in a manner that minimizes or eliminates any harmful effect on the environment or human health and whether there are feasible alternatives to the substance. Deletion from the list of toxic substances (2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order deleting the substance from that Part and repealing the regulations made under section 93 with respect to the substance. Order subject to conditions (3) Where a board of review is established under section 333 in relation to a substance, no order may be made under subsection (1) or (2) in relation to the substance until the board’s report is received by the Ministers. 1999, c. 33, s. 90 2023, c. 12, s. 29