Canadian Environmental Protection Act, 1999 — C-15.31 81
Manufacture or import of substances 81 (1) Where a substance is not specified on the Domestic Substances List, no person shall manufacture or import the substance unless (a) the prescribed information with respect to the substance has been provided by the person to the Minister accompanied by the prescribed fee, on or before the prescribed date; and (b) the period for assessing the information under section 83 has expired. (2) [Repealed, 2017, c. 26, s. 23] Notification of significant new activity in respect of substance on List (3) Where a substance is specified on the Domestic Substances List with an indication that this subsection applies with respect to the substance, no person shall use, manufacture or import the substance for a significant new activity that is indicated on the List with respect to the substance 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 83 has expired. Notification of significant new activity in respect of substance not on List (4) Where a substance 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 substance, no person shall use the substance 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 83 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 substance 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 substance and for an assessment of whether it is toxic or capable of becoming toxic; (b) transient reaction intermediates that are not isolated and are not likely to be released into the environment; (c) impurities, contaminants and partially unreacted materials the formation of which is related to the preparation of a substance; (d) substances produced when a substance undergoes a chemical reaction that is incidental to the use to which the substance is put or that results from storage or from environmental factors; or (e) a substance that is manufactured, used or imported in a quantity that does not exceed the maximum quantity prescribed as exempt from this section. Governor in Council may amend Schedule 2 (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 2 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 2 is conclusive proof that the requirements referred to in paragraph (6)(a) are met; and (b