Extension of
time
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(2) The Minister may extend the period
mentioned in subsection (1) by up to 10 days
if the extension is necessary to permit
adequate preparation of the additional
justification.
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Minister's
decision
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(3) In determining whether to accept or
reject the request, the Minister shall consider
whether the reasons are well-founded and, if
they are, the Minister may nevertheless reject
the request if
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Acceptance of
request
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(4) If the Minister accepts the request, the
information shall not be published.
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Publication
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(5) If the Minister rejects the request,
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Applicable
provisions
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(6) Where a person asks the Federal Court
to review the matter under paragraph (5)(a),
sections 45, 46 and 47 of the Access to
Information Act apply, with any modifications
that the circumstances require, in respect of a
request for a review under that paragraph as if
it were an application made under section 44
of that Act.
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Objectives, Guidelines and Codes of Practice |
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Formulation
by the
Minister
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54. (1) For the purpose of carrying out the
Minister's mandate related to preserving the
quality of the environment, the Minister shall
issue
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Scope of
objectives,
etc.
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(2) The objectives, guidelines and codes of
practice referred to in subsection (1) shall
relate to
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Consultation
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(3) In carrying out the duties under
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.
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Publication
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(4) The Minister shall publish any
objectives, guidelines or codes of practice
issued under this section, or give notice of
them, in the Canada Gazette and in any other
manner that the Minister considers
appropriate.
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Formulation
by the
Minister of
Health
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55. (1) For the purpose of carrying out the
mandate of the Minister of Health related to
preserving and improving public health under
this Act, the Minister of Health shall issue
objectives, guidelines and codes of practice
with respect to the elements of the
environment that may affect the life and
health of the people of Canada.
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Consultation
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(2) In carrying out the duties under
subsection (1), the Minister of Health may
consult with a government, a government
department or agency, aboriginal people,
representatives of industry and labour and
municipal authorities or with persons
interested in the preservation and
improvement of public health.
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Publication
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(3) The Minister of Health shall publish any
objectives, guidelines or codes of practice
issued under this section, or give notice of
them, in the Canada Gazette and in any other
manner that the Minister of Health considers
appropriate.
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PART 4 |
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POLLUTION PREVENTION |
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Pollution Prevention Plans |
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Requirement
for pollution
prevention
plans
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56. (1) The Minister may, at any time,
publish in the Canada Gazette and in any other
manner that the Minister considers
appropriate a notice requiring any person or
class of persons described in the notice to
prepare or implement a pollution prevention
plan in respect of a substance or group of
substances specified on the List of Toxic
Substances in Schedule 1.
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Contents of
notice
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(2) The notice may specify
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Extension of
time
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(3) Where the Minister is of the opinion that
further time is necessary to prepare or
implement the plan, the Minister may extend
the period for a person who submits a written
request before the expiry of the period referred
to in the notice or of any extended period.
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Publication of
notice of
extension
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(4) The Minister shall publish in the
Canada Gazette and in any other manner that
the Minister considers appropriate a notice
stating the name of any person for whom an
extension is granted, whether the extension is
for the preparation or implementation of the
plan, and the duration of the period of the
extension.
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Application
for waiver
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(5) On a written request submitted by any
person to whom a notice under subsection (1)
is directed, the Minister may waive the
requirement for that person to consider a
factor specified under paragraph (2)(c) where
the Minister is of the opinion that it is not
reasonable or practicable to consider the
factor on the basis of reasons provided in the
request.
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Plan prepared
or
implemented
for another
purpose
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57. (1) Subject to subsection (2), where a
person who is required to prepare or
implement a pollution prevention plan under
a notice published under section 56 has
prepared or implemented a plan in respect of
pollution prevention on a voluntary basis or
for another government or under another Act
of Parliament that meets all or some of the
requirements of the notice, the person may use
that plan for the purposes of meeting the
requirements of this Part and, in that case, the
plan shall be considered to be a pollution
prevention plan that has been prepared or
implemented under this Part.
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Where partial
requirements
met
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(2) Where a person uses a plan under
subsection (1) that does not meet all of the
requirements of the notice, the person shall
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Declaration of
preparation
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58. (1) Every person who is required to
prepare a pollution prevention plan under
section 56 or 291 or under an agreement in
respect of environmental protection
alternative measures shall file, within 30 days
after the end of the period for the preparation
of the plan specified in the notice referred to
in subsection 56(1) or extended under
subsection 56(3), or specified by the court
under section 291 or in the agreement, as the
case may be, a written declaration to the
Minister that the plan has been prepared and
is being implemented.
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Declaration of
implementa- tion
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(2) Every person who is required to
implement a pollution prevention plan under
section 56 or 291 or under an agreement in
respect of environmental protection
alternative measures shall file, within 30 days
after the completion of the implementation of
the plan, a written declaration to the Minister
that the implementation of the plan has been
completed.
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Filing of
amended
declaration
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(3) Where a person has filed a declaration
under subsection (1) or (2) and the declaration
contains information that, at any time after the
filing, has become false or misleading, that
person shall file an amended declaration to the
Minister within 30 days after that time.
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Form of
declaration
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(4) A declaration referred to in subsection
(1), (2) or (3) shall be filed in the form and
manner and contain the information specified
by the Minister.
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Requirement
to keep plan
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59. Every person who is required to prepare
a pollution prevention plan under section 56 or
291 or under an agreement in respect of
environmental protection alternative
measures shall keep a copy of the plan at the
place in Canada in relation to which the plan
is prepared.
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Requirement
to submit
certain plans
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60. (1) The Minister may publish in the
Canada Gazette and in any other manner that
the Minister considers appropriate a notice
requiring any person or class of persons
described in the notice who are required to
prepare and implement a pollution prevention
plan under section 56 to submit, within the
period specified by the Minister, the plan or
any part of the plan for the purpose of
determining and assessing preventive or
control actions in respect of a substance or
group of substances.
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Submission of
plans required
by court or
agreement
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(2) The Minister may publish in the Canada
Gazette and in any other manner that the
Minister considers appropriate a notice
requiring any person or class of persons
described in the notice who are required to
prepare and implement a pollution prevention
plan under section 291 or under an agreement
in respect of environmental protection
alternative measures to submit, within the
period specified by the Minister, the plan or
any part of the plan.
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Model Plans and Guidelines |
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Model plans
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61. For the purpose of providing guidance
in the preparation of a pollution prevention
plan, the Minister may publish in the Canada
Gazette or in any other manner that the
Minister considers appropriate a model
pollution prevention plan or a notice stating
where a copy of the plan may be obtained.
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Guidelines
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62. (1) The Minister shall, with particular
consideration of paragraph 2(1)(m), develop
guidelines respecting the circumstances in
which and the conditions under which
pollution prevention planning is appropriate.
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Consultation
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(2) In carrying out the duties under
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.
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Other Initiatives |
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Information
clearing- house
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63. (1) The Minister may, for the purposes
of encouraging and facilitating pollution
prevention, establish and maintain a national
pollution prevention information
clearing-house in order to collect, exchange
and distribute information relating to
pollution prevention.
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Recognition
program
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(2) The Minister may establish a program to
publicly recognize significant achievements
in the area of pollution prevention.
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Cooperation
with other
bodies
|
(3) The Minister may, in exercising the
powers conferred by subsections (1) and (2),
act alone or in cooperation with any
government in Canada or government of a
foreign state or any of its institutions or any
person.
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PART 5 |
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CONTROLLING TOXIC SUBSTANCES |
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Interpretation |
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Definition of
``virtual
elimination''
|
64. (1) In this Part, ``virtual elimination''
means, in respect of a substance released into
the environment as a result of human activity,
the ultimate reduction of the quantity or
concentration of the substance in the release
below any measurable quantity or
concentration that is at or approaching the
level of quantification, as defined by the
regulations, and that
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Implemen- tation of virtual elimination
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(2) For the purposes of implementing the
virtual elimination of a substance, any factor
or information that, in the opinion of the
Ministers, is relevant shall be taken into
consideration as provided for in section 91,
including, but not limited to, environmental or
health risks and any other relevant social,
economic or technical matters.
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Toxic
substances
|
65. For the purposes of this Part and Part 6,
a substance is toxic if it is entering or may
enter the environment in a quantity or
concentration or under conditions that
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