Canadian Environmental Protection Act, 1999

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.