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Canadian Environmental Protection Act, 1999

Version of section 209 from 2023-06-13 to 2024-03-20:


Marginal note:Regulations for the protection of the environment

  •  (1) The Governor in Council may, on the recommendation of the Minister, make regulations for the protection of the environment, including regulations respecting

    • (a) the establishment of environmental management systems;

    • (b) pollution prevention and pollution prevention plans;

    • (c) environmental emergencies, releases of substances and likely releases, including their prevention, preparedness for them, reporting them, both as soon as possible in the circumstances and in detail at a later stage, and the measures to be taken to respond to them and to correct damage to the environment;

    • (d) the designation of persons for the purposes of paragraph 212(1)(a) and subsections 212(3) and 213(1) and prescribing the form of the report to be made under those provisions and the information to be contained in it;

    • (e) the circumstances in which a report is not required under paragraph 212(1)(a);

    • (f) any substance; and

    • (g) any other matter necessary to carry out the purposes of this Part.

  • Marginal note:Content of the regulations

    (2) Regulations with respect to any substance may provide for, or impose requirements respecting,

    • (a) the quantity or concentration of any substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;

    • (b) the places or areas where the substance may be released;

    • (c) the commercial, manufacturing, processing or other activity in the course of which the substance may be released;

    • (d) the manner in which and the conditions under which the substance may be released into the environment, either alone or in combination with any other substance;

    • (e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;

    • (f) the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;

    • (g) the manner in which and the conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;

    • (h) the quantities or concentrations in which the substance may be used;

    • (i) the quantities or concentrations of the substance that may be imported or exported;

    • (j) the countries from or to which the substance may be imported or exported;

    • (k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;

    • (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment and the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;

    • (m) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada, or that any such product may release into the environment;

    • (n) the manner in which, the conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;

    • (o) the manner in which and the conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;

    • (p) the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;

    • (q) the manner, conditions, places and method of disposal or recycling of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal or recycling sites;

    • (r) the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;

    • (s) the maintenance of books and records for the administration of any regulation made under this section;

    • (t) the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;

    • (u) the submission to the Minister of samples of the substance, a product that contains the substance or a product that may release the substance into the environment;

    • (v) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;

    • (w) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify

      • (i) any requirement for sampling, analyses, tests, measurements or monitoring, or

      • (ii) conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and

    • (x) the decommissioning and decontamination of storage, handling, transportation, disposal and recycling sites for the substance.

  • Marginal note:Consultation

    (3) Before recommending to the Governor in Council a regulation under this section, the Minister

    • (a) shall offer to consult with the government of a territory if the regulation applies to that territory, and with the members of the Committee who are representatives of aboriginal governments if it applies to aboriginal land over which an aboriginal government has jurisdiction; and

    • (b) may consult with a department, board or agency of the Government of Canada, or a Crown corporation as defined in subsection 83(1) of the Financial Administration Act.

  • Marginal note:Minister may act

    (4) At any time after the 60th day following the day on which the Minister offers to consult in accordance with paragraph (3)(a), the Minister may recommend a regulation to the Governor in Council under this section if the offer to consult is not accepted by the government of a territory or members of the Committee who are representatives of aboriginal governments.

  • Marginal note:Powers of Minister

    (5) Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.

  • Marginal note:Statutory Instruments Act

    (6) A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.

  • 1999, c. 33, s. 209
  • 2017, c. 26, s. 63(E)
  • 2023, c. 12, s. 46

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