BILL C-32 - First Reading

	General
Domestic Substances List	66. (1) The Minister shall, for the purposes of sections 73, 74 and 81, maintain a list to be known as the Domestic Substances List, and the List shall specify all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986,
	(a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or
	(b) in Canadian commerce or used for commercial manufacturing purposes in Canada.
Non- domestic Substances List	(2) The Minister shall, for the purpose of section 81, maintain a list to be known as the Non-domestic Substances List, and the List shall specify substances, other than
	(a) the substances referred to in subsection (1); and
	(b) living organisms within the meaning of Part 6.
Amendment of Lists	(3) Where a substance was not included on the Domestic Substances List and the Minister subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were met in respect of the substance, the Minister shall add the substance to the List and, where necessary, delete it from the Non-domestic Substances List.
Amendment of Lists	(4) Where the Minister includes a substance on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were not met in respect of the substance, the Minister shall delete the substance from the List and may add it to the Non-domestic Substances List.
Publication of Lists	(5) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate the Domestic Substances List, the Non-domestic Substances List and any amendments to those Lists.
Designation	(6) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.
Regulation of criteria	67. (1) The Governor in Council may, on the recommendation of the Ministers, make regulations
	(a) respecting a property or characteristic of a substance, including, without limiting the generality of the foregoing, persistence and bioaccumulation;
	(b) prescribing the substances or groups of substances in respect of which the property or characteristic may be applicable;
	(c) prescribing the conditions under which and the circumstances in which the property or characteristic may be applicable; and
	(d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic.
Condition	(2) No regulation that is applicable to a mineral or metal may be made under subsection (1) unless the natural occurrence, properties and characteristics of that mineral or metal in the environment have been taken into consideration.
Research, investigation and evaluation	68. For the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1, either Minister may
	(a) collect or generate data and conduct investigations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing,
	(i) the nature of the substance,
	(ii) quantities, uses and disposal of the substance,
	(iii) the manner in which the substance is released into the environment,
	(iv) the extent to which the substance can become dispersed and will persist in the environment,
	(v) the ability of the substance to become incorporated or accumulate in biological tissues or to interfere with biological processes,
	(vi) methods for testing the effects of the presence of the substance in the environment,
	(vii) the presence of the substance in the environment and the effect of its presence on the environment or on human life or health,
	(viii) methods of controlling the presence of the substance in the environment,
	(ix) the development and use of alternatives to the substance, and
	(x) methods of reducing the quantity of the substance used or produced or the quantity or concentration of the substance released into the environment;
	(b) correlate and evaluate any data collected or generated under paragraph (a) and publish results of any investigations carried out under that paragraph; and
	(c) provide information and make recommendations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing, measures to control the presence of the substance in the environment.
Formulation of guidelines by the Ministers	69. (1) Either Minister or both Ministers, as the case may be, may issue guidelines for the purposes of the interpretation and application of the provisions of this Part for which they have responsibility.
Consultation	(2) In exercising the powers under subsection (1), either Minister or both Ministers 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 assessing and controlling toxic substances.
Guidelines public	(3) Guidelines issued under this section shall be made available to the public, and the Minister who issued the guidelines shall give notice of them in the Canada Gazette and in any other manner that the Minister considers appropriate.
	Information Gathering
Notice to the Minister	70. Where a person
	(a) imports, manufactures, transports, processes or distributes a substance for commercial purposes, or
	(b) uses a substance in a commercial manufacturing or processing activity,
	and obtains information that reasonably supports the conclusion that the substance is toxic or is capable of becoming toxic, the person shall without delay provide the information to the Minister unless the person has actual knowledge that either Minister already has the information.
Notice requiring information, samples or testing	71. (1) The Minister may, for the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1,
	(a) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance to notify the Minister that the person is or was during that period engaged in that activity;
	(b) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice to provide the Minister with any information and samples referred to in subsection (2) that may be in the person's possession or to which the person may reasonably be expected to have access; and
	(c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or any product containing the substance requiring the person to conduct toxicological and other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.
Contents of notice	(2) A notice sent under paragraph (1)(b) may require any information and samples, including
	(a) in respect of a substance, available toxicological information, available monitoring information, samples of the substance and information on the quantities, composition, uses and distribution of the substance and products containing the substance; and
	(b) in respect of a work, undertaking or activity, plans, specifications, studies and information on procedures.
Compliance with notice	(3) Every person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent shall comply with the notice within the time specified in the notice.
Extension of time	(4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in paragraph (1)(a), (b) or (c) has been sent, extend the time or times within which the person shall comply with the notice.
Exercise of power under paragraph 71(1)(c)	72. The Minister may not exercise the power under paragraph 71(1)(c) in relation to a substance unless the Ministers have reason to suspect that the substance is toxic or capable of becoming toxic or it has been determined under this Act that the substance is toxic or capable of becoming toxic.
	Priority Substances and Other Substances
Categoriza- tion of substances on Domestic Substances List	73. (1) The Ministers shall categorize the substances that are on the Domestic Substances List by virtue of section 66, for the purpose of identifying the substances on the List that, in their opinion and on the basis of available information,
	(a) may present, to individuals in Canada, the greatest potential for exposure; or
	(b) are persistent or bioaccumulative in accordance with the regulations, and inherently toxic to non-human organisms, as determined by laboratory or other studies of non-human organisms.
Information	(2) Despite subsection (1), where available information is insufficient to identify substances as referred to in that subsection, the Ministers may, to the extent possible, cooperate with other governments in Canada, governments of foreign states or any interested persons to acquire the information required for the identification.
Screening level risk assessment	74. The Ministers shall conduct a screening assessment of a substance in order to determine whether the substance is toxic or capable of becoming toxic and shall propose one of the measures described in subsection 77(2) if
	(a) the Ministers identify a substance on the Domestic Substances List to be a substance described in paragraph 73(1)(a) or (b); or
	(b) the substance has been added to the Domestic Substances List under section 105.
Definition of ``jurisdic- tion''	75. (1) In this section, ``jurisdiction'' means
	(a) a government in Canada; or
	(b) the government of a foreign state or of a subdivision of a foreign state that is a member of the Organization for Economic Co-operation and Development.
Procedures for exchange of information with other jurisdictions	(2) The Minister shall, to the extent possible, cooperate and develop procedures with jurisdictions, other than the Government of Canada, to exchange information respecting substances that are specifically prohibited or substantially restricted by or under the legislation of those jurisdictions for environmental or health reasons.
Review of decisions of other jurisdictions	(3) Where the Minister is notified in accordance with procedures developed under subsection (2) of a decision to specifically prohibit or substantially restrict any substance by or under the legislation of another jurisdiction for environmental or health reasons, the Ministers shall review the decision in order to determine whether the substance is toxic or capable of becoming toxic, unless the decision relates to a substance the only use of which in Canada is regulated under another Act of Parliament that provides for environmental and health protection.
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.
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.
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.
Considera- tion 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.
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.
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.
Publication after assessment	77. (1) Where the Ministers have conducted
	(a) a screening assessment under section 74,
	(b) a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, or
	(c) an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,
	the Ministers shall publish in the Canada Gazette and either Minister may publish in any other manner that that Minister considers appropriate a statement indicating one of the measures referred to in subsection (2) that the Ministers propose to take and a summary of the scientific considerations on the basis of which the measure is proposed.
Proposed measures	(2) Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:
	(a) taking no further action in respect of the substance;
	(b) unless the substance is already on the Priority Substances List, adding the substance to the Priority Substances List; and
	(c) recommending that the substance be added to the List of Toxic Substances in Schedule 1 and, where applicable under subsection (4), virtual elimination.
Mandatory proposal	(3) Where, based on a screening assessment conducted under section 74, the Ministers are satisfied that
	(a) a substance may have a long-term harmful effect on the environment because it is
	(i) persistent and bioaccumulative in accordance with the regulations, and
	(ii) inherently toxic to non-human organisms, as determined by laboratory or other studies of non-human organisms, and
	(b) the presence of the substance in the environment results primarily from human activity,
	the Ministers shall propose to take the measure referred to in paragraph (2)(c).
Proposal for virtual elimination	(4) Where the Ministers propose to take the measure referred to in paragraph (2)(c) in respect of a substance and the Ministers are satisfied that

General

Information Gathering

Priority Substances and Other Substances