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Substances and Activities New to Canada |
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Definitions
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80. The definitions in this section apply in
sections 81 to 89.
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``significant
new activity'' « nouvelle activité »
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``significant new activity'' includes, in respect
of a substance, any activity that results in or
may result in
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``substan- ce'' « substan- ce »
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``substance'' means a substance other than a
living organism within the meaning of Part
6.
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Manufacture
or import of
substances
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81. (1) Where a substance is not specified
on the Domestic Substances List and
subsection (2) does not apply, no person shall
manufacture or import the substance unless
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Transitional
provisions
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(2) Where a person has, between January 1,
1987 and June 30, 1994, manufactured or
imported a substance that is not specified on
the Domestic Substances List, no person shall
manufacture or import the substance after
June 30, 1994 unless, within 180 days after
that date or on or before the prescribed date,
the prescribed information has been provided
to the Minister with respect to the substance by
that person.
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Notification
of significant
new activity
in respect of
substance on
List
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(3) Where a substance is specified on the
Domestic Substances List with an indication
that this subsection applies with respect to the
substance, no person shall use, manufacture or
import the substance for a significant new
activity that is indicated on the List with
respect to the substance unless
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Notification
of significant
new activity
in respect of
substance not
on List
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(4) Where a substance is not specified on
the Domestic Substances List and the Minister
publishes a notice in the Canada Gazette
indicating that this subsection applies with
respect to the substance, no person shall use
the substance for a significant new activity
that is indicated in the notice unless
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Transfer of
rights in
respect of
substance
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(5) Where prescribed information with
respect to a substance has been provided under
subsection (1), (2), (3) or (4) by a person who
subsequently transfers the right or privilege in
relation to the substance for which the
information was provided, the information is,
subject to any conditions that may be
prescribed, deemed to have been provided by
the transferee of that right or privilege.
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Application
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(6) Subsections (1) to (4) do not apply to
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Governor in
Council may
amend
Schedule 2
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(7) For the purposes of the administration of
this section, the Governor in Council has the
exclusive responsibility for determining
whether or not the requirements referred to in
paragraph (6)(a) are met by or under an Act of
Parliament referred to in that paragraph, or
regulations made under that Act, and
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Waiver of
information
requirements
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(8 ) On the request of any person to whom
subsection (1), (2), (3) or (4) applies, the
Minister may waive any of the requirements to
provide information under that subsection if
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Publication of
notice of
waiver
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(9 ) The Minister shall publish in the
Canada Gazette a notice stating the name of
any person to whom a waiver is granted and
the type of information to which it relates.
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Compliance
with waiver
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(10 ) Where the Minister waives any of the
requirements for information under paragraph
(8 )(b), the person to whom the waiver is
granted shall not use, manufacture or import
the substance unless it is for the purpose
prescribed pursuant to regulations made under
paragraph 89(1)(f) or at the location specified
in the request for the waiver, as the case may
be.
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Correction of
information
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(11 ) A person who has provided
information under this section, including for
the purposes of a request for a waiver under
subsection (8 ), or under section 82 or 84 shall
notify the Minister of any corrections to the
information as soon as possible after learning
of them.
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Request for
information
previously
waived
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(12 ) Where the Minister is notified of any
corrections to information that was provided
for the purposes of a request for a waiver under
subsection (8 ), the Minister may, after
consideration by the Ministers of the
corrections, require the person to whom the
waiver was granted to provide the Minister
with the information to which the waiver
related within the time specified by the
Minister.
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Application of
section 84
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(13 ) Where the Ministers suspect, after
considering
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that a substance is toxic or capable of
becoming toxic, the Minister may exercise
any of the powers referred to in paragraphs
84(1)(a) to (c).
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Notification
of excess
quantity
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(14 ) Where a person manufactures or
imports a substance in accordance with this
section in excess of any quantity referred to in
paragraph 87(1)(b), the person shall, within 30
days after the quantity is exceeded, notify the
Minister that it has been exceeded.
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Prohibition of
activity
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82. (1) Where the Minister has reasonable
grounds to believe that a person has used,
manufactured or imported a substance in
contravention of subsection 81(1), (3) or (4),
the Minister may, in writing, require the
person to provide the information referred to
in that subsection and prohibit any activity
involving the substance until the expiry of the
period for assessing the information under
section 83.
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Prohibition of
activity
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(2) Where the Minister has reasonable
grounds to believe that a person has
manufactured or imported a substance in
contravention of subsection 81(2), the
Minister may, in writing, prohibit any activity
involving the substance until the prescribed
information is provided to the Minister.
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Waiver of
information
requirements
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(3) On the request of any person required
under subsection (1) or (2) to provide
information, the Minister may waive any of
the requirements for prescribed information if
one of the conditions specified in paragraphs
81(8 )(a) to (c) is met and, in that case,
subsections 81(9 ) to (13 ) apply with respect to
the waiver.
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Assessment of
information
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83. (1) Subject to subsection (4), the
Ministers shall, within the prescribed
assessment period, assess information
provided under subsection 81(1), (3) or (4) or
paragraph 84(1)(c) or otherwise available to
them in respect of a substance in order to
determine whether it is toxic or capable of
becoming toxic.
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Assessment of
information
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(2) Subject to subsections (3) and (4), the
Ministers shall assess information provided
under subsection 82(1) or otherwise available
to them in respect of a substance in order to
determine whether it is toxic or capable of
becoming toxic.
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Time for
assessment
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(3) An assessment of information under
subsection (2) shall be made following the
date on which the information is provided
within a period that does not exceed the
number of days in the prescribed assessment
period.
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Extension of
assessment
period
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(4) Where the Ministers are of the opinion
that further time is necessary to assess any
information, the Minister may, before the
expiry of the assessment period referred to in
subsection (1) or (3), extend the period for
assessing the information, but the extension
shall not exceed the number of days in the
prescribed assessment period.
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Notification
of extension
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(5) Where the Minister extends the period
for assessing information, the Minister shall,
before the expiry of the assessment period
referred to in subsection (1) or (3), notify the
person who provided the information.
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Termination
of period
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(6) The Minister may, before the expiry of
the assessment period referred to in subsection
(1) or (3), terminate the period for assessing
information and, immediately before doing
so, shall notify the person who provided the
information.
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Action to be
taken after
assessment
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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,
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Additional
information or
testing
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(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
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Variation of
conditions
and
prohibitions
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(3) The Minister may vary or rescind a
condition or prohibition specified or imposed
under paragraph (1)(a) or (b).
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Expiry of
prohibition
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(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.
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Publication of
conditions
and
prohibitions
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(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.
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Significant
new activity
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85. (1) Where the Ministers have assessed
any information under section 83 in respect of
a substance that is not on the Domestic
Substances List and they suspect that a
significant new activity in relation to the
substance may result in the substance
becoming toxic, the Minister may, within 90
days after the expiry of the period for
assessing the information, publish in the
Canada Gazette, and in any other manner that
the Minister considers appropriate, a notice
indicating that subsection 81(4) applies with
respect to the substance.
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Variation or
revocation
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(2) The Minister may, by notice published
in the Canada Gazette, vary the significant
new activities in relation to a substance for
which a notice has been given under
subsection (1) or indicate that subsection
81(4) no longer applies with respect to that
substance.
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Contents of
notice
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(3) A notice referred to in subsection (1) or
(2) shall indicate, by inclusion or exclusion,
the significant new activities in relation to the
substance in respect of which subsection 81(4)
is to apply, and if regulations in respect of
those significant new activities are not made
under paragraphs 89(1)(c), (d) and (g), specify
the information to be provided to the Minister
under that subsection, the date within which it
is to be provided and the period within which
it is to be assessed under section 83.
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Notification
of persons
required to
comply
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86. Where a notice is published in the
Canada Gazette under subsection 85(1) in
respect of a substance, every person who
transfers the physical possession or control of
the substance shall notify all persons to whom
the possession or control is transferred of the
obligation to comply with subsection 81(4).
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Amendment
of Lists
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87. (1) The Minister shall add a substance to
the Domestic Substances List and, if it appears
on the Non-domestic Substances List, delete
it from that List, within 120 days after the
following conditions are met:
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Amendment
of Lists
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(2) Where the Minister adds a substance to
the Domestic Substances List and
subsequently learns that the substance was not
manufactured or imported as described in
subsection (1), the Minister shall delete the
substance from the Domestic Substances List,
and if it has been deleted from the
Non-domestic Substances List, the Minister
shall add it to that List.
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Significant
new activity
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(3) Where a substance is on the Domestic
Substances List or is to be added to the List
under subsection (1), the Minister may amend
the List in respect of the substance to indicate
that subsection 81(3) applies with respect to
the substance or that it no longer applies or by
varying the significant new activities in
relation to the substance in respect of which
subsection 81(3) is to apply.
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Contents of
amendment
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(4) An amendment referred to in subsection
(3) shall indicate, by inclusion or exclusion,
the significant new activities in relation to the
substance in respect of which subsection 81(3)
is to apply, and if regulations in respect of
those significant new activities are not made
under paragraphs 89(1)(c), (d) and (g), specify
the information to be provided to the Minister
under that subsection, the date within which it
is to be provided and the period within which
it is to be assessed under section 83.
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Amendments
of Lists
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(5) Despite subsection (1), the Minister
shall add a substance to the Domestic
Substances List and, if it appears on the
Non-Domestic Substances List, delete it from
that List, within 120 days after the following
conditions are met:
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Publication of
masked name
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88. Where the publication under this Part of
the explicit chemical or biological name of a
substance would result in the release of
confidential business information in
contravention of section 314, the substance
shall be identified by a name determined in the
prescribed manner.
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Regulations
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89. (1) The Governor in Council may, on the
recommendation of the Ministers, make
regulations
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