| Form of
declaration
|
(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
|
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
|
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
|
(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
|
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
|
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
|
(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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| Minister may
act
|
(3) At any time after the 60th day following
the day on which the Minister offers to consult
in accordance with subsection (2), the
Minister may act under subsection (1) if the
offer to consult is not accepted by the
government of a province or members of the
Committee who are representatives of
aboriginal governments.
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| Information
clearing-hous
e
|
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
|
(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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| Toxic
substances
|
64. For the purposes of this Part and Part 6,
except where the expression ``inherently
toxic'' appears, 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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(a) have or may have an immediate or
long-term harmful effect on the
environment or its biological diversity;
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(b) constitute or may constitute a danger to
the environment on which life depends; or
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(c) constitute or may constitute a danger in
Canada to human life or health.
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| Definition of
``virtual
elimination''
|
65. (1) In this Part, ``virtual elimination''
means, in respect of a toxic 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 the level of quantification specified by
the Ministers in the List referred to in
subsection (2).
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| Virtual
Elimination
List
|
(2) The Ministers shall compile a list to be
known as the Virtual Elimination List, and the
List shall specify the level of quantification
for each substance on the List.
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| Implementing
virtual
elimination
|
(3) When the level of quantification for a
substance has been specified on the List
referred to in subsection (2), the Ministers
shall prescribe the quantity or concentration
of the substance that may be released into the
environment either alone or in combination
with any other substance from any source or
type of source, and, in doing so, shall take into
account any factor or information 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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| Definition of
``level of
quantification
''
|
65.1 In section 65, ``level of
quantification'' means, in respect of a
substance, the lowest concentration that can
be accurately measured using sensitive but
routine sampling and analytical methods.
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| 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,
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(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
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(b) in Canadian commerce or used for
commercial manufacturing purposes in
Canada.
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| 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
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(a) the substances referred to in subsection
(1); and
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(b) living organisms within the meaning of
Part 6.
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| 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.
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| 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.
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| 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.
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| 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.
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| Regulation of
criteria
|
67. (1) The Governor in Council may, on the
recommendation of the Ministers, make
regulations
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(a) respecting a property or characteristic of
a substance, including, without limiting the
generality of the foregoing, persistence and
bioaccumulation;
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(b) prescribing the substances or groups of
substances in respect of which the property
or characteristic may be applicable;
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(c) prescribing the conditions under which
and the circumstances in which the property
or characteristic may be applicable; and
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(d) respecting the conditions, test
procedures and laboratory practices to be
followed for analysing, testing or
measuring the property or characteristic.
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| Condition
|
(2) No regulation that is applicable to a
mineral or metal may be made under
subsection (1) unless, in the opinion of the
Ministers, the natural occurrence, properties
and characteristics of that mineral or metal in
the environment have been taken into
consideration.
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| 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
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(a) collect or generate data and conduct
investigations respecting any matter in
relation to a substance, including, without
limiting the generality of the foregoing,
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(i) whether short-term exposure to the
substance causes significant effects,
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(ii) the potential of organisms in the
environment to be widely exposed to the
substance,
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(iii) whether organisms are exposed to
the substance via multiple pathways,
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(iv) the ability of the substance to cause
a reduction in metabolic functions of an
organism,
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(v) the ability of the substance to cause
delayed or latent effects over the lifetime
of an organism,
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(vi) the ability of the substance to cause
reproductive or survival impairment of
an organism,
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(vii) whether exposure to the substance
has the potential to contribute to
population failure of a species,
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(viii) the ability of the substance to cause
transgenerational effects,
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(ix) quantities, uses and disposal of the
substance,
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(x) the manner in which the substance is
released into the environment,
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(xi) the extent to which the substance can
be dispersed and will persist in the
environment,
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(xii) the development and use of
alternatives to the substance,
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(xiii) methods of controlling the presence
of the substance in the environment, and
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(xiv) methods of reducing the quantity of
the substance used or produced or the
quantities or concentration of the
substance released into the environment;
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(b) correlate and evaluate any data
collected or generated under paragraph (a)
and publish results of any investigations
carried out under that paragraph; and
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(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.
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| 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.
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| 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.
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| Saving
|
(2.1) Nothing in subsection (2) shall
prevent the Minister from exercising the
powers under subsection (1) at any time after
the sixtieth day following the day an offer is
made under subsection (2).
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| 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.
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| Notice to the
Minister
|
70. Where a person
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(a) imports, manufactures, transports,
processes or distributes a substance for
commercial purposes, or
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(b) uses a substance in a commercial
manufacturing or processing activity,
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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.
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| 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,
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(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;
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(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
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(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.
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| Contents of
notice
|
(2) A notice sent under paragraph (1)(b)
may require any information and samples,
including
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(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
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(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.
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| 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.
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