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Priority Substances and Other Substances |
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Categoriza- tion of substances on Domestic Substances List
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73. (1) The Ministers shall, within seven
years from the giving of Royal Assent to this
Act, 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,
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Information
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(2) 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.
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Application of
subsection
81(3)
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(3) When categorizing substances under
subsection (1), the Ministers shall examine the
substances that are on the Domestic
Substances List to determine whether an
amendment should be made to the List to
indicate that subsection 81(3) applies with
respect to those substances.
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Screening
level risk
assessment
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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
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Definition of
``jurisdic- tion''
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75. (1) In this section, ``jurisdiction'' means
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Procedures
for exchange
of information
with other
jurisdictions
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(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.
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Review of
decisions of
other
jurisdictions
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(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.
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Priority
Substances
List
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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.
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Consultation
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(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.
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Request for
addition to
Priority
Substances
List
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(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.
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Considera- tion of request
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(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.
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Amendments
to Priority
Substances
List
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(5) The Ministers may amend the Priority
Substances List
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Publication of
Priority
Substances
List
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(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.
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Weight of
evidence and
precautionary
principle
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76.1 When the Ministers are conducting
and interpreting the results of
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the Ministers shall apply a weight of evidence
approach and the precautionary principle.
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Publication
after
assessment
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77. (1) Where the Ministers have conducted
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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.
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Proposed
measures
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(2) Subject to subsection (3), for the
purposes of subsection (1), the Ministers shall
propose one of the following measures:
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Mandatory
proposal
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(3) Where, based on a screening assessment
conducted under section 74, the Ministers are
satisfied that
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the Ministers shall propose to take the
measure referred to in paragraph (2)(c).
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Proposal for
virtual
elimination
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(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
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the Ministers shall propose virtual elimination
of the substance under this Act.
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Scientific
consultation
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(5) Any person may, within 60 days after
publication of the statement referred to in
subsection (1), file with the Minister written
comments on the measure the Ministers
propose to take and the scientific
considerations on the basis of which the
measure is proposed.
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Publication of
final decision
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(6) After taking into consideration in an
expeditious manner the comments filed under
subsection (5), the Ministers shall publish in
the Canada Gazette
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Report of
assessment
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(7) Where the Ministers publish a statement
under subsection (6) in respect of a substance
specified on the Priority Substances List, the
Ministers shall make a report of the
assessment of the substance available to the
public.
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Notice of
objection
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(8) Where the Ministers make an
assessment whether a substance specified on
the Priority Substances List is toxic or is
capable of becoming toxic and decide not to
recommend that the substance be added to the
List of Toxic Substances in Schedule 1, any
person may, within 60 days after publication
of the decision in the Canada Gazette, file a
notice of objection with the Minister
requesting that a board of review be
established under section 333 and stating the
reason for the objection.
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Recommen- dation to Governor in Council
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(9) The Ministers shall make a
recommendation for an order under
subsection 90(1) when publishing a statement
under paragraph (6)(b) indicating that the
measure that they propose to take is a
recommendation that the substance be added
to the List of Toxic Substances in Schedule 1.
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Notice of
objection
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78. (1) Subject to subsections (2) to (4),
where a substance has been specified on the
Priority Substances List for a period of five
years and the Ministers have not yet
determined whether the substance is toxic or
capable of becoming toxic, any person may
file a notice of objection with the Minister
requesting that a board of review be
established under section 333.
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Notice of
suspension of
five year
period
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(2) Where a substance is specified on the
Priority Substances List and the Ministers are
satisfied that new or additional information is
required to assess whether the substance is
toxic or capable of becoming toxic, the
Minister shall publish a notice in the Canada
Gazette indicating
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Contents of
notice
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(3) Where a notice is published under
subsection (2), the operation of subsection (1)
in relation to the substance is suspended until
the earlier of
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Notice of
objection after
a suspension
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(4) Where a notice is published under
subsection (2) and the Ministers have not yet
determined whether the substance is toxic or
capable of becoming toxic within a period of
two years after the date on which the
suspension referred to in the notice ends, any
person may file a notice of objection with the
Minister requesting that a board of review be
established under section 333.
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Plans required
for virtual
elimination
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79. (1) Where the Minister publishes in the
Canada Gazette under subsection 77(6) a
statement indicating that the proposed
measure, as confirmed or amended, is virtual
elimination in respect of a substance, the
Minister shall in that statement require any
person who is described in it to prepare and
submit to the Minister a plan in respect of the
substance in relation to the work, undertaking
or activity of the person.
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Content of
plan
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(2) Every person who is required to prepare
and submit a plan under subsection (1)
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Compliance
with statement
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(3) Every person to whom a statement
referred to in subsection (1) is directed shall
comply with it within the period specified in
the statement.
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Time delay
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(4) The period of time to be specified in the
statement shall begin no earlier than the date
on which an order is made under subsection
90(1) adding the substance to the List of Toxic
Substances in Schedule 1.
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