Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Marginal note:Notification of persons required to comply

• 112.1 (1) If a living organism is specified on the Domestic Substances List with an indication that subsection 106(3) applies with respect to the living organism, every person who transfers the physical possession or control of the living organism shall notify all persons to whom the possession or control is transferred of the obligation to comply with that subsection.

• Marginal note:Exception

  (2) A person is not required to be notified under subsection (1) with respect to a living organism if they are within a class of persons that is specified on the Domestic Substances List in respect of the living organism for the purpose of this subsection.

Marginal note:Publication of masked name

113 Where the publication under this Part of the explicit biological name of a living organism would result in the release of confidential business information in contravention of section 314, the living organism shall be identified by a name determined in the prescribed manner.

Marginal note:Regulations

• 114 (1) The Governor in Council may, on the recommendation of the Ministers, make regulations

  • (a) respecting living organisms or establishing groups of living organisms for the purposes of the provision of information under section 106 or 107, including those that are exotic or indigenous, research and development living organisms and living organisms manufactured only for export, and designating ecozones or groups of ecozones;

  • (b) prescribing conditions and circumstances for the purpose of paragraph 106(6)(b);

  • (c) respecting the information that shall be provided to the Minister under subsection 106(1), (3) or (4) or section 107 and the form and manner in which it is to be provided;

  • (d) prescribing dates on or before which information shall be provided under subsection 106(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 living organism must be used so as to permit the waiver of information requirements under subsection 106(8);

  • (g) prescribing periods within which the Ministers shall assess information under subsection 108(1);

  • (g.1) prescribing a living organism or group of living organisms for the purpose of subsection 108.1(1);

  • (h) respecting the conditions, test procedures and laboratory practices to be followed in developing test data on a living organism in order to comply with the information requirements of section 106 or 107 or requests for information under paragraph 109(1)(c);

  • (i) prescribing information for the purpose of paragraph 112(1)(b);

  • (j) prescribing the manner of determining a name for a living organism for the purpose of section 113; and

  • (k) generally for carrying out the purposes and provisions of this Part.

• Marginal note:Prescribed assessment period

  (2) For the purposes of sections 106 and 108, where no assessment period is prescribed or specified with respect to a living organism, the prescribed assessment period is 120 days after the Minister is provided with the prescribed information.

• Marginal note:Prescription of conditions and circumstances

  (3) Regulations made under paragraph (1)(b) may prescribe conditions and circumstances in respect of a living organism in terms of

  • (a) whether or not the living organism is a member of a group of living organisms established by regulations made under paragraph (1)(a); or

  • (b) the purposes for which the living organism is manufactured or imported.

• Marginal note: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 living organism in terms of

  • (a) whether or not the living organism is a member of a group of living organisms established by regulations made under paragraph (1)(a);

  • (b) the purposes for which the living organism is manufactured or imported; or

  • (c) the conditions under which and the circumstances in which the living organism is manufactured or imported.

Marginal note:Other regulations

• 115 (1) Subject to subsection (2), the Governor in Council may, on the recommendation of the Ministers, make regulations

  • (a) for the purposes of implementing an international agreement,

    • (i) respecting living organisms, whether or not they are on the Domestic Substances List, and

    • (ii) respecting the safety of the environment or human health, including the safe transfer, handling and uses of any living organism that is moved across a boundary; and

  • (b) respecting the effective and safe use of living organisms in pollution prevention.

• Marginal note:Living organisms regulated under other Acts of Parliament

  (2) The Governor in Council shall not make a regulation under subsection (1) in respect of any living organism if the regulation regulates an aspect of the living organism 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.

PART 7Controlling Pollution and Managing Wastes

DIVISION 1Nutrients

Marginal note:Definitions

116 The definitions in this section apply in this Division and in Part 10.

cleaning product

cleaning product means a phosphate compound or other substance that is intended to be used for cleaning purposes, and includes laundry detergents, dish-washing compounds, metal cleaners, de-greasing compounds and household, commercial and industrial cleaners. (produit de nettoyage)

nutrient

nutrient means a substance or combination of substances that, if released in any waters, provides nourishment that promotes the growth of aquatic vegetation. (substance nutritive)

water conditioner

water conditioner means a substance that is intended to be used to treat water, and includes water-softening chemicals, anti-scale chemicals and corrosion inhibiters. (conditionneur d’eau)

Marginal note:Prohibition

117 No person shall manufacture for use or sale in Canada or import a cleaning product or water conditioner that contains a prescribed nutrient in a concentration greater than the permissible concentration prescribed for that product or conditioner.

Marginal note:Regulations

• 118 (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of preventing or reducing the growth of aquatic vegetation that is caused by the release of nutrients in waters and that can interfere with the functioning of an ecosystem or degrade or alter, or form part of a process of degrading or altering, an ecosystem to an extent that is detrimental to its use by humans, animals or plants, including regulations

  • (a) prescribing nutrients;

  • (b) prescribing the permissible concentration of a prescribed nutrient in a cleaning product or water conditioner;

  • (c) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing, measuring or monitoring a nutrient, cleaning product or water conditioner; and

  • (d) requiring persons who manufacture for use or sale in Canada or import a cleaning product or water conditioner

    • (i) to maintain books and records for the proper administration of this Division and the regulations,

    • (ii) to submit samples of the cleaning product or water conditioner to the Minister, and

    • (iii) to submit to either Minister information regarding cleaning products, water conditioners and their ingredients.

• Marginal note:Exemption

  (1.1) The Governor in Council may, on the recommendation of the Minister, make regulations exempting a cleaning product or water conditioner from the application of section 117.

• Marginal note:Class of cleaning product or water conditioner

  (1.2) Regulations made under subsection (1) or (1.1) may distinguish among classes of cleaning products or water conditioners that they may establish on the basis of any factor, including

  • (a) the physical or chemical properties of the cleaning products or water conditioners; or

  • (b) the conditions under which, the purposes for which or the manner or place in which the cleaning products or water conditioners are intended to be used.

• Marginal note:Nutrients regulated under other Acts of Parliament

  (2) The Governor in Council shall not make a regulation under subsection (1) in respect of a nutrient to the extent that the nutrient, or a product in which the nutrient is contained, is, in the opinion of the Governor in Council, 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.

Marginal note:Remedial measures

• 119 (1) Where there is a contravention of section 117 or the regulations, the Minister may, in writing, direct a manufacturer or importer of a nutrient, cleaning product or water conditioner to take any or all of the following measures in the manner and within the period directed by the Minister:

  • (a) give public notice of the contravention and of any danger to the environment or to human life or health posed by the nutrient, cleaning product or water conditioner;

  • (b) mail a notice as described in paragraph (a) to manufacturers, processors, distributors or retailers of the nutrient, cleaning product or water conditioner;

  • (c) mail a notice as described in paragraph (a) to persons to whom the nutrient, cleaning product or water conditioner is known to have been delivered or sold;

  • (d) replace the nutrient, cleaning product or water conditioner with one that meets the applicable requirements;

  • (e) accept the return of the nutrient, cleaning product or water conditioner from the purchaser and refund the purchase price;

  • (f) take other measures for the protection of the environment or human life or health; and

  • (g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).

• Marginal note:Intervention of Minister

  (2) If a person fails to take any measures required under paragraph (1)(a), (b), (c) or (f), the Minister may take those measures or cause them to be taken.

• Marginal note:Recovery of costs

  (3) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection (2) from the person referred to in that subsection.

DIVISION 2Protection of the Marine Environment from Land-based Sources of Pollution

Marginal note:Definitions

120 The definitions in this section apply in this Division.

land-based sources

land-based sources means point and diffuse sources on land from which substances or energy reach the sea by water, through the air or directly from the coast. It includes any sources under the sea bed made accessible from land by tunnel, pipeline or other means. (sources telluriques)

marine pollution

marine pollution means the introduction by humans, directly or indirectly, of substances or energy into the sea that results, or is likely to result, in

• (a) hazards to human health;

• (b) harm to living resources or marine ecosystems;

• (c) damage to amenities; or

• (d) interference with other legitimate uses of the sea. (pollution des mers)

Marginal note:Objectives, guidelines and codes of practice

• 121 (1) The Minister may, after consultation with any other affected minister, issue environmental objectives, release guidelines and codes of practice to prevent and reduce marine pollution from land-based sources.

• Marginal note:Consultation and conferences

  (2) To carry out the functions set out in subsection (1), the Minister

  • (a) 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 any government department or agency or any person interested in the protection of the sea;

  • (b) may organize conferences relating to the prevention or reduction of marine pollution from land-based sources; and

  • (c) may meet with the representatives of international organizations and agencies and other countries to examine the rules, standards, practices and procedures recommended under the United Nations Convention on the Law of the Sea, signed by Canada on October 7, 1982.

• Marginal note:Minister may act

  (3) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (2)(a), 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.