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

Marginal note:Formulation of guidelines by the Ministers

• 69 (1) Either Minister or both Ministers, as the case may be, may issue guidelines for the purposes of the interpretation and application of the provisions of this Part for which they have responsibility.

• Marginal note:Consultation

  (2) In exercising the powers under subsection (1), either Minister or both Ministers 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 a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in assessing and controlling toxic substances.

• Marginal note:Saving

  (2.1) Nothing in subsection (2) shall prevent the Minister from exercising the powers under subsection (1) at any time after the sixtieth day following the day an offer is made under subsection (2).

• Marginal note:Guidelines public

  (3) Guidelines issued under this section shall be made available to the public, and the Minister who issued the guidelines shall give notice of them in the Canada Gazette and in any other manner that the Minister considers appropriate.

Information Gathering

Marginal note:Notice to the Minister

70 Where a person

• (a) imports, manufactures, transports, processes or distributes a substance for commercial purposes, or

• (b) uses a substance in a commercial manufacturing or processing activity,

and obtains information that reasonably supports the conclusion that the substance is toxic or is capable of becoming toxic, the person shall without delay provide the information to the Minister unless the person has actual knowledge that either Minister already has the information.

Marginal note:Notice requiring information, samples or testing

• 71 (1) The Minister may, for the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1,

  • (a) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance to notify the Minister that the person is or was during that period engaged in that activity;

  • (b) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice to provide the Minister with any information and samples referred to in subsection (2) that may be in the person’s possession or to which the person may reasonably be expected to have access; and

  • (c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or any product containing the substance requiring the person to conduct toxicological and other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.

• Marginal note:Contents of notice

  (2) A notice sent under paragraph (1)(b) may require any information and samples, including

  • (a) in respect of a substance, available toxicological information, available monitoring information, samples of the substance and information on the quantities, composition, uses and distribution of the substance and products containing the substance; and

  • (b) in respect of a work, undertaking or activity, plans, specifications, studies and information on procedures.

• Marginal note:Compliance with notice

  (3) Every person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent shall comply with the notice within the time specified in the notice.

• Marginal note:Extension of time

  (4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in paragraph (1)(a), (b) or (c) has been sent, extend the time or times within which the person shall comply with the notice.

Marginal note:Exercise of power under paragraph 71(1)(c)

72 The Minister may not exercise the power under paragraph 71(1)(c) in relation to a substance unless the Ministers have reason to suspect that the substance is toxic or capable of becoming toxic or it has been determined under this Act that the substance is toxic or capable of becoming toxic.

Priority Substances and Other Substances

Marginal note:Categorization of substances on Domestic Substances List

• 73 (1) The Ministers shall, within seven years from the giving of Royal Assent to this Act, categorize the substances that are on the Domestic Substances List by virtue of section 66, for the purpose of identifying the substances on the List that, in their opinion and on the basis of available information,

  • (a) may present, to individuals in Canada, the greatest potential for exposure; or

  • (b) are persistent or bioaccumulative in accordance with the regulations, and inherently toxic to human beings or to non-human organisms, as determined by laboratory or other studies.

• Marginal note:Information

  (2) Where available information is insufficient to identify substances as referred to in that subsection, the Ministers may, to the extent possible, cooperate with other governments in Canada, governments of foreign states or any interested persons to acquire the information required for the identification.

• Marginal note:Application of subsection 81(3)

  (3) When categorizing substances under subsection (1), the Ministers shall examine the substances that are on the Domestic Substances List to determine whether an amendment should be made to the List to indicate that subsection 81(3) applies with respect to those substances.

Marginal note:Screening level risk assessment

74 The Ministers shall conduct a screening assessment of a substance in order to determine whether the substance is toxic or capable of becoming toxic and shall propose one of the measures described in subsection 77(2) if

• (a) the Ministers identify a substance on the Domestic Substances List to be a substance described in paragraph 73(1)(a) or (b); or

• (b) the substance has been added to the Domestic Substances List under section 105.

Definition of jurisdiction

• 75 (1) In this section, jurisdiction means

  • (a) a government in Canada; or

  • (b) the government of a foreign state or of a subdivision of a foreign state that is a member of the Organization for Economic Co-operation and Development.

• Marginal note:Procedures for exchange of information with other jurisdictions

  (2) The Minister shall, to the extent possible, cooperate and develop procedures with jurisdictions, other than the Government of Canada, to exchange information respecting substances that are specifically prohibited or substantially restricted by or under the legislation of those jurisdictions for environmental or health reasons.

• Marginal note:Review of decisions of other jurisdictions

  (3) Where the Minister is notified in accordance with procedures developed under subsection (2) of a decision to specifically prohibit or substantially restrict any substance by or under the legislation of another jurisdiction for environmental or health reasons, the Ministers shall review the decision in order to determine whether the substance is toxic or capable of becoming toxic, unless the decision relates to a substance the only use of which in Canada is regulated under another Act of Parliament that provides for environmental and health protection.

Marginal note:Priority Substances List

• 76 (1) The Ministers shall compile and may amend from time to time in accordance with subsection (5) a list, to be known as the Priority Substances List, and the List shall specify substances in respect of which the Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic.

• Marginal note:Consultation

  (2) For the purposes of subsection (1), the Minister 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 a government department or agency, aboriginal people, representatives of industry and labour and municipal authorities or with persons interested in the quality of the environment or the preservation and improvement of public health.

• Marginal note:Minister may act

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

• Marginal note:Request for addition to Priority Substances List

  (3) Any person may file in writing with the Minister a request that a substance be added to the Priority Substances List and the request shall state the reasons for adding the substance to the List.

• Marginal note:Consideration of request

  (4) The Ministers shall consider a request filed under subsection (3) and, within 90 days after the request is filed, the Minister shall inform the person who filed the request of how the Minister intends to deal with it and the reasons for dealing with it in that manner.

• Marginal note:Amendments to Priority Substances List

  (5) The Ministers may amend the Priority Substances List

  • (a) by adding a substance to the List where the Ministers are satisfied on the basis of a determination made as a result of a screening assessment conducted under section 74, the review of a decision of another jurisdiction under subsection 75(3), consultation under subsection (2) or a request made under subsection (3) or for any other reason that priority should be given in assessing whether the substance is toxic or capable of becoming toxic; and

  • (b) by deleting a substance from the List where the Ministers have determined whether the substance is toxic or capable of becoming toxic.

• Marginal note:Publication of Priority Substances List

  (6) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate the Priority Substances List and any amendments to the List.

Marginal note:Weight of evidence and precautionary principle

76.1 When the Ministers are conducting and interpreting the results of

• (a) a screening assessment under section 74,

• (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, or

• (c) an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,

the Ministers shall apply a weight of evidence approach and the precautionary principle.

Marginal note:Publication after assessment

• 77 (1) Where the Ministers have conducted

  • (a) a screening assessment under section 74,

  • (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, or

  • (c) an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,

  the Ministers shall publish in the Canada Gazette and either Minister may publish in any other manner that that Minister considers appropriate a statement indicating one of the measures referred to in subsection (2) that the Ministers propose to take and a summary of the scientific considerations on the basis of which the measure is proposed.

• Marginal note:Proposed measures

  (2) Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:

  • (a) taking no further action in respect of the substance;

  • (b) unless the substance is already on the Priority Substances List, adding the substance to the Priority Substances List; or

  • (c) recommending that the substance be added to the List of Toxic Substances in Schedule 1 and, where applicable under subsection (4), the implementation of virtual elimination under subsection 65(3).

• Marginal note:Mandatory proposal

  (3) Where, based on a screening assessment conducted under section 74, the substance is determined to be toxic or capable of becoming toxic, and the Ministers are satisfied that

  • (a) the substance may have a long-term harmful effect on the environment and is

    • (i) persistent and bioaccumulative in accordance with the regulations, and

    • (ii) inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies, and

  • (b) the presence of the substance in the environment results primarily from human activity,

  the Ministers shall propose to take the measure referred to in paragraph (2)(c).

• Marginal note:Proposal for virtual elimination

  (4) Where the Ministers propose to take the measure referred to in paragraph (2)(c) in respect of a substance and the Ministers are satisfied that

  • (a) the substance is persistent and bioaccumulative in accordance with the regulations,

  • (b) the presence of the substance in the environment results primarily from human activity, and

  • (c) the substance is not a naturally occurring radionuclide or a naturally occurring inorganic substance,

  the Ministers shall propose the implementation of virtual elimination under subsection 65(3) of the substance.

• Marginal note:Scientific consultation

  (5) Any person may, within 60 days after publication of the statement referred to in subsection (1), file with the Minister written comments on the measure the Ministers propose to take and the scientific considerations on the basis of which the measure is proposed.

• Marginal note:Publication of final decision

  (6) After taking into consideration in an expeditious manner the comments filed under subsection (5), the Ministers shall publish in the Canada Gazette

  • (a) a summary of the screening assessment conducted under section 74, of the review of a decision of another jurisdiction under subsection 75(3) or of a report of the assessment of substances specified on the Priority Substances List, as the case may be;

  • (b) a statement indicating the measure that the Ministers propose to take; and

  • (c) where the measure is that referred to in paragraph (2)(c), a statement indicating the manner in which the Ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.

• Marginal note:Report of assessment

  (7) Where the Ministers publish a statement under subsection (6) in respect of a substance specified on the Priority Substances List, the Ministers shall make a report of the assessment of the substance available to the public.

• Marginal note:Notice of objection

  (8) Where the Ministers make an assessment whether a substance specified on the Priority Substances List is toxic or is capable of becoming toxic and decide not to recommend that the substance be added to the List of Toxic Substances in Schedule 1, any person may, within 60 days after publication of the decision in the Canada Gazette, file a notice of objection with the Minister requesting that a board of review be established under section 333 and stating the reason for the objection.

• Marginal note:Recommendation to Governor in Council

  (9) The Ministers shall make a recommendation for an order under subsection 90(1) when publishing a statement under paragraph (6)(b) indicating that the measure that they propose to take is a recommendation that the substance be added to the List of Toxic Substances in Schedule 1.