First Session, Forty-second Parliament, 64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-283 An Act to amend the Canadian Environmental Protection Act, 1999 (electronic products recycling program)

FIRST READING, June 3, 2016

This enactment amends the Canadian Environmental Protection Act, 1999 to require that a recycling program be put in place for electronic products that contain a substance that is specified on the List of Toxic Substances in Schedule 1.

1st Session, 42nd Parliament, 64-65 Elizabeth II, 2015-2016

HOUSE OF COMMONS OF CANADA

BILL C-283

An Act to amend the Canadian Environmental Protection Act, 1999 (electronic products recycling program)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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Division 9 

Control of Waste Electronic Products

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Addition to List of Electronic Products

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192.‍1 (1) The Governor in Council may, if satisfied that an electronic product contains a substance that is specified on the List of Toxic Substances in Schedule 1, make an order adding the product to the List of Electronic Products in Schedule 7.

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Deletion from List

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(2) The Governor in Council may, if satisfied that the inclusion of an electronic product specified on the List of Electronic Products in Schedule 7 is no longer necessary, on the recommendation of the Minister, make an order deleting the product from the List.

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Prohibition

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192.‍2 (1) No person shall manufacture an electronic product specified on the List of Electronic Products in Schedule 7, or import such a product for use or sale in Canada, unless they

• (a) have established an electronic products recycling program to dispose safely of any toxic substances contained in such a product at its end of life; or

• (b) participate in such a program operated by an organ­ization designated by regulations made under section 192.‍3.

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Required content of programs

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(2) The recycling program must specify

• (a) the method of collecting waste electronic products;

• (b) the options for recycling waste electronic products, listed in descending order of preference;

• (c) the procedures to be followed by any person disposing of waste electronic products collected pursuant to the program;

• (d) the sources of funding for the program;

• (e) the quality control and quality assurance aspects of the program, including tracking and auditing mechanisms; and

• (f) the public education or public awareness and communication strategy for the program.

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Transmission of information

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(3) A person referred to in subsection (1) shall provide the Minister with the information necessary to establish that he or she meets the requirements set out in subsections (1) and (2).

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Regulations

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192.‍3 The Governor in Council may make regulations

• (a) designating organizations that may operate a recyc­ling program;

• (b) respecting the manner, conditions, places and method or methods of disposal of an electronic product listed in Schedule 7; and

• (c) respecting any other matter that is necessary to carry out the purposes of this Division.

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Non-application of provisions in a province

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192.‍4 (1) The Governor in Council may, by order, declare that any or all of the provisions of this Division and of the regulations made under section 192.‍3 do not apply in a province, if the Minister and the government of that province enter into an agreement that states that, under the laws of the province, there are provisions in force that are at least equivalent to the provisions of this Division and the regulations and that establishes the circumstances and manner in which the province is to provide information on the administration and enforcement of those laws.

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Term of agreement

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(2) An agreement made under subsection (1) shall be for a period of five years, or any shorter period agreed to by the parties, but may be renewed by written agreement of the parties.

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Revocation

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(3) The Governor in Council may revoke the order made under subsection (1) if the Governor in Council is satisfied that the provisions under the laws of the province are no longer equivalent to the provisions of this Act or the regulations or are not being adequately administered or enforced.

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Notice to province

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(4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the province.

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Order ceases to have effect

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(5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to which the order relates expires or is terminated.

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(Section 2)

(Sections 192.‍1, 192.‍2 and 192.‍3)

List of Electronic Products