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Prescribed
assessment
period
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(2) For the purposes of sections 81 and 83,
where no assessment period is prescribed or
specified with respect to a substance, the
prescribed assessment period is 90 days after
the Minister is provided with the prescribed
information.
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Prescription
of quantities
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(3) Regulations made under paragraph
(1)(b) or (i) may prescribe quantities in respect
of a substance in terms of
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Prescription
of information
and
assessment
periods
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(4) Regulations made under paragraph
(1)(c), (d) or (g) may prescribe information,
dates or periods in respect of a substance in
terms of
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Regulation of Toxic Substances |
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Addition to
List of Toxic
Substances
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90. (1) Subject to subsection (3), the
Governor in Council may, if satisfied that a
substance is toxic, on the recommendation of
the Ministers, make an order adding the
substance to the List of Toxic Substances in
Schedule 1.
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Priority
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(1.1) In developing proposed regulations or
instruments respecting preventive or control
actions in relation to substances specified on
the List of Toxic Substances in Schedule 1, the
Ministers shall give priority to pollution
prevention actions.
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Deletion from
List
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(2) Subject to subsection (3), the Governor
in Council may, if satisfied that the inclusion
of a substance specified on the List of Toxic
Substances in Schedule 1 is no longer
necessary, on the recommendation of the
Ministers, make an order
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Order subject
to conditions
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(3) Where a board of review is established
under section 333 in relation to a substance, no
order may be made under subsection (1) or (2)
in relation to the substance until the board's
report is received by the Ministers.
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Publication of
proposed
regulation or
instrument
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91. (1) Subject to subsections (6) and (7), a
proposed regulation or instrument respecting
preventive or control actions in relation to a
substance shall be published by the Minister in
the Canada Gazette within two years after the
publication of the Ministers' statement under
paragraph 77(6)(b) indicating that the
measure that they propose to take, as
confirmed or amended, is a recommendation
that the substance be added to the List of Toxic
Substances in Schedule 1.
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Timeframes in
relation to
virtual
elimination
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(2) A proposed regulation or instrument in
respect of preventive or control actions in
relation to a substance for which a statement
has been published under subsection 77(6)
indicating that the measure proposed by the
Ministers is virtual elimination shall specify
the dates on which the preventive or control
actions are to take effect.
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Measurable
quantity or
concentration
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(3) In establishing the quantity or
concentration that is measurable in relation to
a substance for the purposes of a proposed
regulation or instrument referred to in
subsection (2), the Ministers shall take into
consideration information concerning
sensitive and readily available analytical
methods and any relevant information
contained in plans referred to in subsection
79(2).
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Additional
measures in
relation to
virtual
elimination
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(4) The Minister shall, where applicable,
publish in the Canada Gazette a statement
accompanying the proposed regulation or
instrument for a substance referred to in
subsection (2) describing any additional
measures that the Ministers intend to
recommend with respect to virtual elimination
and summarizing their reasons for so
intending.
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Considera- tions in relation to virtual elimination
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(5) In determining the preventive or control
actions in relation to a substance and the dates
on which those actions are to take effect that
are to be set out in a proposed regulation or
instrument referred to in subsection (2), and in
determining any additional measures
described in a statement published under
subsection (3), the Ministers shall take into
consideration any factor or information that,
in the opinion of the Ministers, is relevant,
including, but not limited to,
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Publication of
subsequent
proposals
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(6) Any proposed regulation or instrument
respecting preventive or control actions in
relation to a substance that is made after the
publication of a proposed regulation or
instrument published within the period of two
years referred to in subsection (1) shall be
published in the Canada Gazette.
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Suspension of
time where
board of
review
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(7) Where a board of review is established
under section 333, the period of two years
referred to in subsection (1) is suspended from
the establishment of the board and does not
recommence until the board's report is
received by the Ministers.
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Publication of
preventive or
control
actions
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92. (1) Subject to subsection (2), any
regulation or instrument respecting
preventive or control actions in relation to a
substance shall be made and published in the
Canada Gazette within 18 months after the
publication of the proposed regulation or
instrument under subsection 91(1) or (6),
unless a material substantive change is
required to be made to it.
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Suspension of
time where
board of
review
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(2) Where a board of review is established
under section 333 in relation to a substance,
the period of 18 months referred to in
subsection (1) is suspended from the
establishment of the board and does not
recommence until the board has submitted its
report to the Minister under subsection 340(1).
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Regulations
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92.1 For the purposes of subsection 65(3),
the Ministers may make regulations
prescribing the quantity or concentration of a
substance that may be released into the
environment either alone or in combination
with any other substance from any source or
type of source.
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Regulations
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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,
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Definition of
``sell''
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(2) In this section, ``sell'' includes, in
respect of a substance, the transfer of the
physical possession or control of the
substance.
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Advice by
Committee
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(3) Before a regulation is made under
subsection (1), the Minister shall give the
Committee an opportunity to advise the
Ministers.
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Substances
regulated
under other
Acts of
Parliament
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(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 .
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Amendment
to the List of
Toxic
Substances in
Schedule 1
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(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.
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Interim orders
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94. (1) Where
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the Minister may make an interim order in
respect of the substance and the order may
contain any provision that may be contained in
a regulation made under subsection 93(1).
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Effect of
order
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(2) Subject to subsection (3), an interim
order has effect
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Approval of
Governor in
Council
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(3) An interim order ceases to have effect
unless it is approved by the Governor in
Council within 14 days after it is made.
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Consultation
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(4) The Governor in Council shall not
approve an interim order unless the Minister
has
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Recommen- dation of regulations
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(5) Where the Governor in Council
approves an interim order, the Ministers shall,
within 90 days after the approval, publish in
the Canada Gazette a statement indicating
whether the Ministers intend to recommend to
the Governor in Council
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Contraven- tion of unpublished order
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(6) No person shall be convicted of an
offence consisting of a contravention of an
interim order that, at the time of the alleged
contravention, had not been published in the
Canada Gazette unless it is proved that, at the
date of the alleged contravention, that person
had been notified of the interim order.
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Cessation of
effect
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(7) Subject to subsection (3), an interim
order ceases to have effect on the earliest of
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