Canadian Environmental Protection Act, 1999

Marginal note:Action to be taken after assessment

• 84 (1) Where the Ministers have assessed any information under section 83 and they suspect that a substance is toxic or capable of becoming toxic, the Minister may, before the expiry of the period for assessing the information,

  • (a) permit any person to manufacture or import the substance, subject to any conditions that the Ministers may specify;

  • (b) prohibit any person from manufacturing or importing the substance; or

  • (c) request any person to provide any additional information or submit the results of any testing that the Ministers consider necessary for the purpose of assessing whether the substance is toxic or capable of becoming toxic.

• Marginal note:Additional information or testing

  (2) Where the Minister requests additional information or test results under paragraph (1)(c), the person to whom the request is directed shall not manufacture or import the substance unless

  • (a) the person provides the additional information or submits the test results; and

  • (b) the period for assessing information under section 83 has expired or a period of 90 days after the additional information or test results were provided has expired, whichever is later.

• Marginal note:Variation of conditions and prohibitions

  (3) The Minister may vary or rescind a condition or prohibition specified or imposed under paragraph (1)(a) or (b).

• Marginal note:Expiry of prohibition

  (4) Any prohibition on the manufacture or importation of a substance imposed under paragraph (1)(b) expires two years after it is imposed unless, before the expiry of the two years, the Governor in Council publishes in the Canada Gazette a notice of proposed regulations under section 93 in respect of the substance, in which case the prohibition expires on the day the regulations come into force.

• Marginal note:Publication of conditions and prohibitions

  (5) Where the Minister specifies, imposes, varies or rescinds any condition for or prohibition on the manufacture or importation of a substance, the Minister shall publish in the Canada Gazette a notice setting out the condition or prohibition and the substance in respect of which it applies.