Canadian Environmental Protection Act, 1999

Marginal note:Regulations

• 93 (1) Subject to subsections (3) and (4), the Governor in Council may, on the recommendation of the Ministers, make regulations with respect to a substance specified on the List of Toxic Substances in Schedule 1, including regulations providing for, or imposing requirements respecting,

  • (a) the quantity or concentration of the 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 or processing activity in the course of which the substance may be released;

  • (d) the manner in which and 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 or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;

  • (g) the manner in which and conditions under which the substance or a product containing it may be imported, 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;

  • (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 or a product containing it;

  • (m) the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;

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

  • (o) the manner in which, conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;

  • (p) the manner in which and conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;

  • (q) the packaging and labelling of the substance or a product containing it;

  • (r) the manner, conditions, places and method of disposal of the substance or a product containing it, including standards for the construction, maintenance and inspection of disposal sites;

  • (s) the submission to the Minister, on request or at any prescribed times, of information relating to the substance;

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

  • (u) the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;

  • (v) the submission of samples of the substance to the Minister;

  • (w) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;

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

  • (y) any other matter that by this Part is to be defined or prescribed or that is necessary to carry out the purposes of this Part.

• Definition of sell

  (2) In this section, sell includes, in respect of a substance, the transfer of the physical possession or control of the substance.

• Marginal note:Advice by Committee

  (3) Before a regulation is made under subsection (1), the Minister shall give the Committee an opportunity to advise the Ministers.

• Marginal note:Substances regulated under other Acts of Parliament

  (4) The Governor in Council shall not make a regulation under subsection (1) in respect of a substance if, in the opinion of the Governor in Council, the regulation regulates an aspect of the substance 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.

• Marginal note:Amendment to the List of Toxic Substances in Schedule 1

  (5) A regulation made under subsection (1) with respect to a substance may amend the List of Toxic Substances in Schedule 1 so as to specify the type of regulation that applies with respect to the substance.