Canadian Environmental Protection Act, 1999 — C-15.31 106
Manufacture or import of living organisms 106 (1) Where a living organism is not specified on the Domestic Substances List, no person shall manufacture or import the living organism unless (a) the prescribed information with respect to the living organism, accompanied by the prescribed fee, has been provided by that person to the Minister on or before the prescribed date; and (b) the period for assessing the information under section 108 has expired. (2) [Repealed, 2017, c. 26, s. 26] Notification of significant new activity in respect of living organism on List (3) Where a living organism is specified on the Domestic Substances List with an indication that this subsection applies with respect to the living organism, no person shall use, manufacture or import the living organism for a significant new activity that is indicated on the List with respect to the living organism unless (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and (b) the period for assessing the information specified by the Minister or provided under section 108 has expired. Notification of significant new activity in respect of living organism not on List (4) Where a living organism is not specified on the Domestic Substances List and the Minister publishes a notice in the Canada Gazette indicating that this subsection applies with respect to the living organism, no person shall use the living organism for a significant new activity that is indicated in the notice unless (a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and (b) the period for assessing the information specified by the Minister or provided under section 108 has expired. Transfer of rights in respect of substance (5) Where prescribed information with respect to a substance has been provided under subsection (1), (3) or (4) by a person who subsequently transfers the right or privilege in relation to the substance for which the information was provided, the information is, subject to any conditions that may be prescribed, deemed to have been provided by the transferee of that right or privilege. Application (6) Subsections (1), (3) and (4) do not apply to (a) a living organism that is manufactured or imported for a use that is regulated under any other Act of Parliament that provides for notice to be given before the manufacture, import or sale of the living organism and for an assessment of whether it is toxic or capable of becoming toxic; (b) a living organism that is manufactured, used or imported under the conditions and in the circumstances prescribed as exempt from this section; or (c) impurities and contaminants related to the preparation of a living organism. Governor in Council may amend Schedule 4 (7) For the purposes of the administration of this section, the Governor in Council has the exclusive responsibility for determining whether or not the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, and (a) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, the Governor in Council may by order add to Schedule 4 the name of that Act or those regulations, as the case may be, and the fact that an Act or regulations are listed in Schedule 4 is conclusive proof that the requirements referred to in paragraph (6)(a) are met; and (b) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are no longer met by or under an Act of Parliament, or regulations, listed in Schedule 4, the Governor in Council may by order delete from Schedule 4 the name of that Act