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Bill C-28

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Second Session, Forty-third Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-28
An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act
FIRST READING, April 13, 2021
MINISTER OF ENVIRONMENT AND
CLIMATE CHANGE
90996


SUMMARY

This enactment amends the Canadian Environmental Protection Act, 1999 to, among other things,
(a)recognize that every individual in Canada has a right to a healthy environment as provided under that Act;
(b)provide that the Government of Canada must protect that right as provided under that Act, and, in doing so, may balance that right with relevant factors;
(c)require the development of an implementation framework that sets out how that right will be considered in the administration of that Act, and require that research, studies or monitoring activities be conducted to support the Government of Canada in protecting that right;
(d)authorize the Minister of the Environment to add to the Domestic Substances List certain substances that were in commerce in Canada and subject to the Food and Drugs Act between January 1, 1987 and September 13, 2001, and provide that any substance may be deleted from the List when it is no longer in commerce in Canada;
(e)require that the Minister of the Environment and the Minister of Health develop a plan that specifies the substances to which those Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic;
(f)provide that any person may request that those Ministers assess a substance;
(g)require the Minister of the Environment to compile a list of substances that that Minister and the Minister of Health have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic;
(h)require that, when those Ministers conduct or interpret the results of certain assessments — or conduct or interpret the results of a review of decisions of certain governments — in order to determine whether a substance is toxic or capable of becoming toxic, they consider available information on whether there is a vulnerable population in relation to the substance and on the cumulative effects that may result from exposure to the substance in combination with exposure to other substances;
(i)provide that certain substances be classified as substances that pose the highest risk based on, among other things, their properties or characteristics;
(j)require that those Ministers give priority to the total, partial or conditional prohibition of activities in relation to toxic substances that are specified in Part 1 of Schedule 1 of the Canadian Environmental Protection Act, 1999, or to the total, partial or conditional prohibition of releases of those substances into the environment, when regulations or instruments respecting preventive or control actions in relation to those substances are developed;
(k)expand certain regulation-making, information-gathering and pollution prevention powers under that Act, including by adding a reference to products that may release substances into the environment;
(l)allow the risks associated with certain toxic substances to be managed by preventive or control actions taken under any other Act of Parliament, and the obligations under sections 91 and 92 of the Canadian Environmental Protection Act, 1999 to be the responsibility of whoever of the Minister of the Environment or the Minister of Health is best placed to fulfil them;
(m)expand the powers of the Minister of the Environment to vary either the contents of a significant new activity notice with respect to a substance not on the Domestic Substances List or the contents of the List itself with respect to a substance on the List that is subject to the significant new activities provisions of that Act;
(n)extend the requirement, to notify persons of the obligation to comply with the significant new activity provisions of that Act when a substance that is subject to those provisions is transferred to them, so that it applies with respect to substances on the Domestic Substances List, and authorize that Minister to limit by class the persons who are required to be notified of the obligation when a substance that is subject to those provisions is transferred to them; and
(o)require that confidentiality requests made under section 313 of the Act be accompanied by reasons, and to allow the Minister of the Environment to disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in certain circumstances.
The enactment also makes related amendments to the Food and Drugs Act to enable the assessment and management of risks to the environment associated with foods, drugs, cosmetics and devices by, among other things,
(a)prohibiting persons from conducting certain activities in respect of a drug unless the Minister of Health has conducted an assessment of the risks to the environment presented by certain substances contained in that drug;
(b)enabling the Minister of Health to take measures in respect of the risks to the environment that a drug may present throughout its life cycle; and
(c)providing the Governor in Council with supporting regulation-making authorities.
Finally, the enactment repeals the Perfluorooctane Sulfonate Virtual Elimination Act.
Available on the House of Commons website at the following address:
www.ourcommons.ca


TABLE OF PROVISIONS

An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act
Short Title
1
Strengthening Environmental Protection for a Healthier Canada Act
Canadian Environmental Protection Act, 1999
Amendments to the Act
2
Transitional Provisions
59
Related Amendments to the Food and Drugs Act
64
Repeal
68
Repeal
Coming into Force
69
Order in council
SCHEDULE 


2nd Session, 43rd Parliament,
69-70 Elizabeth II, 2020-2021
HOUSE OF COMMONS OF CANADA
BILL C-28
An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination Act
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title
1This Act may be cited as the Strengthening Environmental Protection for a Healthier Canada Act.
1999, c. 33

Canadian Environmental Protection Act, 1999

Amendments to the Act

2(1)The preamble to the Canadian Environmental Protection Act, 1999 is amended by adding the following after the first paragraph:
Whereas the Government of Canada recognizes that every individual in Canada has a right to a healthy environment as provided under this Act;
(2)The third paragraph of the preamble to the Act is replaced by the following:
Whereas the Government of Canada acknowledges the need to control and manage pollutants and wastes if their release into the environment cannot be prevented;
(3)The preamble to the Act is amended by adding the following after the eighth paragraph:
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples;
(4)The preamble to the Act is amended by adding the following after the ninth paragraph:
Whereas the Government of Canada recognizes the importance of considering vulnerable populations in assessing whether substances are toxic or capable of becoming toxic;
Whereas the Government of Canada recognizes the importance of minimizing the risks posed by exposure to toxic substances and the cumulative effects of toxic substances;
(5)The preamble to the Act is amended by adding the following after the 10th paragraph:
Whereas the Government of Canada recognizes the role of science in the process of making decisions related to the protection of the environment and human health, as well as the importance of promoting the development and timely incorporation of scientifically justified alternative methods and strategies in the testing and assessment of substances to reduce, refine or replace the use of vertebrate animals;
(6)The 13th paragraph of the preamble to the Act is replaced by the following:
Whereas the Government of Canada will endeavour to remove threats to biological diversity through pollution prevention as well as the control and management of the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes;
Whereas the Government of Canada recognizes the importance of encouraging the progressive substitution of substances, processes and technologies with alternatives that are safer for the environment or human health, when they are economically and technically viable;
Whereas the Government of Canada recognizes the importance of Canadians having information, including by means of the packaging and labelling of products, regarding the risks posed by toxic substances to the environment or to human health;
3(1)Paragraph 2(1)‍(a) of the Act is replaced by the following:
(a)exercise its powers in a manner that
(i)protects the environment and human health, including the health of vulnerable populations,
(ii)applies the precautionary principle, which provides that the lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation if there are threats of serious or irreversible damage, and
(iii)promotes and reinforces enforceable pollution prevention approaches;
(2)Subsection 2(1) of the Act is amended by adding the following after paragraph (a.‍1):
(a.‍2)protect the right of every individual in Canada to a healthy environment as provided under this Act, which right may be balanced with relevant factors, including social, economic, health and scientific factors;
4(1)The portion of the definition substance in subsection 3(1) of the Act after paragraph (d) and before paragraph (e) is replaced by the following:
and, except for the purposes of sections 66 to 66.‍2, 80 to 89 and 104 to 115, includes
(2)Subsection 3(1) of the Act is amended by adding the following in alphabetical order:
vulnerable population means a group of individuals within the Canadian population who, due to greater susceptibility or greater exposure, may be at an increased risk of experiencing adverse health effects from exposure to substances. (population vulnérable)
5The Act is amended by adding the following after the heading of Part 1:
Implementation of Right to a Healthy Environment
Implementation framework
5.‍1(1)For the purposes of paragraph 2(1)‍(a.‍2), the Ministers shall, within two years after the day on which this section comes into force, develop an implementation framework to set out how the right to a healthy environment will be considered in the administration of this Act.
Content
(2)The implementation framework shall, among other things, elaborate on
(a)the principles to be considered in the administration of this Act, such as principles of environmental justice — including the avoidance of adverse effects that disproportionately affect vulnerable populations — and the principle of non-regression;
(b)research, studies or monitoring activities to support the protection of the right to a healthy environment referred to in paragraph 2(1)‍(a.‍2); and
(c)the balancing of that right with relevant factors, including social, economic, health and scientific factors.
Consultation
(3)In developing the implementation framework, the Ministers shall consult any interested persons.
Publication
(4)The Minister shall publish the implementation framework in the manner that the Minister considers appropriate.
Report
(5)The Minister shall include in the annual report required by section 342 a report on the implementation of the framework.
6Section 15 of the Act is replaced by the following:
Additional rights
15The rights conferred by this Part are in addition to the right to request, under section 76, that a substance be assessed, the right to file a notice of objection under Parts 1, 7 and 11 and the right to request under Parts 7 and 11 that a board of review be established under section 333.
7Section 44 of the Act is amended by adding the following after subsection (3):
Protection of right to healthy environment
(3.‍1)The Ministers shall conduct research, studies or monitoring activities to support the Government of Canada in protecting the right to a healthy environment referred to in paragraph 2(1)‍(a.‍2).
8(1)Paragraph 45(a) of the Act is replaced by the following:
(a)conduct research and studies, including biomonitoring surveys, relating to the role of substances in illnesses or in health problems;
(2)Section 45 of the Act is renumbered as subsection 45(1) and is amended by adding the following:
Vulnerable populations
(2)For greater certainty, the research and studies referred to in paragraph (1)‍(a) may relate to vulnerable populations.
9(1)Paragraph 46(1)‍(a) of the Act is replaced by the following:
(a)substances specified in the plan developed under section 73;
(2)Subsection 46(1) of the Act is amended by adding the following after paragraph (e):
(e.‍1)products that contain a substance that is toxic under section 64 or that may become toxic, or products that may release such a substance into the environment;
(3)Subsection 46(1) of the Act is amended by adding the following after paragraph (k):
(k.‍1)activities that may contribute to pollution;
10(1)Subsection 56(1) of the Act is replaced by the following:
Requirement for pollution prevention plans
56(1)The Minister may, at any time, 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 to prepare and implement a pollution prevention plan in respect of
(a)a substance or group of substances specified on the list of toxic substances in Schedule 1;
(b)a substance or group of substances with respect to which subsection 166(1) or 176(1) applies; or
(c)a product that contains a substance specified on the list of toxic substances in Schedule 1 or that may release such a substance into the environment.
(2)Paragraph 56(2)‍(a) of the Act is replaced by the following:
(a)the substance, group of substances or product in relation to which the plan is to be prepared;
11Subsection 60(1) of the Act is replaced by the following:
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, group of substances or product.
2017, c. 26, subpar. 63(d)‍(iii)‍(E)
12Sections 65 and 65.‍1 of the Act are repealed.
13(1)The portion of subsection 66(1) of the Act before paragraph (a) is replaced by the following:
Domestic Substances List
66(1)The Minister shall, for the purpose of section 81, maintain a list to be known as the Domestic Substances List and, subject to subsection 66.‍2(1), the List shall specify all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986,
(2)Paragraph 66(2)‍(a) of the Act is replaced by the following:
(a)the substances referred to in subsection (1), unless the substance has been deleted from the Domestic Substances List under subsection 66.‍2(1); and
14The Act is amended by adding the following after section 66:
Domestic Substances List — Food and Drugs Act
66.‍1(1)The Minister may, for the purpose of section 81, add to the Domestic Substances List any substance if the Minister is satisfied that, between January 1, 1987 and September 13, 2001, the substance
(a)was in Canadian commerce as a product to which the Food and Drugs Act applied; or
(b)was in Canadian commerce as a substance that was in or on such a product.
If the substance appears on the Non-domestic Substances List, the Minister shall delete it from that List.
Amendment of Lists
(2)If the Minister includes a substance on the Domestic Substances List and subsequently learns that, between January 1, 1987 and September 13, 2001, 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.
Designation
(3)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.
Amendment of Lists
66.‍2(1)If the Minister is satisfied that a substance referred to in subsection 66(1) that is specified on the Domestic Substances List — or a substance added to the List under subsection 66.‍1(1) or 87(1) or (5) — is not being manufactured in Canada, imported into Canada, in Canadian commerce or used for commercial manufacturing purposes in Canada, the Minister may delete the substance from the List and may add it to the Non-domestic Substances List.
Publication — notice of intent
(2)Before deleting a substance from the Domestic Substances List under subsection (1), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice indicating the Minister’s intention to delete it from the List.
Comments
(3)Within 60 days after the publication of the notice, any person may file written comments with the Minister.
Designation
(4)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.
15(1)Paragraph 67(1)‍(a) of the Act is replaced by the following:
(a)respecting a property or characteristic of a substance, including persistence, bioaccumulation, carcinogenicity, mutagenicity and reproductive toxicity;
(2)Subsection 67(1) of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):
(e)respecting, for the purpose of subsection 77(3), the classification of a substance as a substance that poses the highest risk.
16(1)The portion of section 68 of the Act before subparagraph (a)‍(i) is replaced by the following:
Research, investigation and evaluation
68For 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, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1, either Minister may
(a)collect or generate data and conduct investigations respecting any matter in relation to the substance or product including
(2)Paragraph 68(a) of the Act is amended by adding the following after subparagraph (iii):
(iii.‍1)whether exposure to the substance in combination with exposure to other substances has the potential to cause cumulative effects,
(iii.‍2)whether there is a vulnerable population in relation to the substance,
(3)Subparagraphs 68(a)‍(v) and (vi) of the Act are replaced by the following:
(v)the ability of the substance to cause delayed or latent effects over the lifetime of an organism, including carcinogenic, mutagenic or neurotoxic effects,
(vi)the ability of the substance to cause survival impairment of an organism,
(vi.‍1)the ability of the substance to disrupt the reproductive system or endocrine system of an organism,
(4)Subparagraph 68(a)‍(xii) of the Act is replaced by the following:
(xii)the existence, development and use of safer or more sustainable alternatives to the substance or product,
(5)Paragraph 68(a) of the Act is amended by striking out “and” at the end of subparagraph (xiii), by adding “and” at the end of subparagraph (xiv) and by adding the following after subparagraph (xiv):
(xv)the manner in which the public may be provided with information regarding the substance or product, including, in the case of a product, by labelling it;
(6)Paragraph 68(c) of the Act is replaced by the following:
(c)provide information and make recommendations respecting any matter in relation to the substance or product, including measures to control the presence of the substance or product in the environment.
17(1)Subsection 69(2.‍1) of the Act is replaced by the following:
Saving
(2.‍1)Nothing in subsection (2) shall prevent either Minister or both Ministers from exercising the powers under subsection (1) at any time after the 60th day following the day on which an offer is made under subsection (2).
(2)Subsection 69(3) of the English version of the Act is replaced by the following:
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 that Minister considers appropriate.
18(1)The portion of subsection 71(1) of the Act before paragraph (b) is replaced by the following:
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, a product that contains a substance or a product that may release a substance into the environment — including a substance specified on the list of toxic substances in Schedule 1,
(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 or product, as the case may be, to notify the Minister that the person is or was during that period engaged in that activity;
2001, c. 34, 29(F)
(2)Paragraph 71(1)‍(c) of the Act is replaced by the following:
(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 product, as the case may be, requiring the person to conduct toxicological or other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.
(3)The portion of subsection 71(2) of the English version of the Act before paragraph (a) is replaced by the following:
Contents of notice under paragraph (1)‍(b)
(2)A notice published under paragraph (1)‍(b) may require any information and samples, including
(4)Paragraph 71(2)‍(a) of the Act is replaced by the following:
(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;
(a.‍1)in respect of a product that contains a substance or that may release a substance into the environment, information on the quantities, composition, manufacturing, processing, packaging, labelling, uses and distribution of the product;
(5)Subsection 71(2) of the Act is amended by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):
(c)information on the method used to quantify any information that is provided.
(6)Section 71 of the Act is amended by adding the following after subsection (2):
Method and manner — notice under paragraph (1)‍(b)
(2.‍1)A notice published under paragraph (1)‍(b) may specify the method to be used to quantify any information that is to be provided and the manner in which that information and any sample is to be provided.
Contents of notice under paragraph (1)‍(c)
(2.‍2)A notice sent under paragraph (1)‍(c) may, among other things, require the person to provide any information and samples, including
(a)in respect of a substance or of a product that contains a substance or that may release a substance into the environment, toxicological information, monitoring information, test samples and information on the quantities, composition, uses and distribution of the substance or product; and
(b)information on the methods, test procedures and laboratory practices followed for performing any required test and on the conditions under which those tests are conducted.
Method and manner — notice under paragraph (1)‍(c)
(2.‍3)The notice sent under paragraph (1)‍(c) may, among other things, specify
(a)the conditions, methods, test procedures and laboratory practices to be followed for conducting sampling, analyses, measurements, quantification or monitoring as part of any required test;
(b)the manner in which the test results are to be submitted;
(c)the method to be used to quantify any information that is to be provided; and
(d)the manner in which that information and any sample is to be provided.
(7)Subsection 71(4) of the English version of the Act is replaced by the following:
Extension of time
(4)Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in any of paragraphs (1)‍(a) to (c) is directed or sent, extend the time or times within which the person shall comply with the notice.
19Sections 72 to 74 of the Act are replaced by the following:
Exercise of power under paragraph 71(1)‍(c)
72The Minister may not exercise the power under paragraph 71(1)‍(c) in relation to a substance, a product that contains a substance or a product that may release a substance into the environment 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.
Substances and Assessments of Substances
Plan — priorities
73(1)The Ministers shall, within two years after the day on which this section receives royal assent, develop and publish a plan
(a)that specifies the substances to which the Ministers are satisfied priority should be given in assessing whether they are toxic or capable of becoming toxic; and
(b)that may specify the activities or initiatives in relation to assessing, controlling or otherwise managing the risks to the environment or to human health posed by substances that are or will be undertaken under an Act of Parliament for whose administration either Minister is responsible and which the Ministers are of the opinion should be prioritized.
Review
(2)The plan shall also include the period after which the Ministers will review the plan.
Consultation and considerations
(3)In developing a proposed plan, and in implementing the plan, the Ministers
(a)may consult with the Committee, 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;
(b)shall consider whether assessing substances by class is more advantageous than assessing them individually; and
(c)shall take into account the matters referred to in paragraph 68(a).
Publication of proposed plan
(4)The Minister shall publish the proposed plan in the Environmental Registry and shall give notice in the Canada Gazette and in any other manner that the Minister considers appropriate of the proposed plan’s availability.
Comments
(5)Within 60 days after the publication of the notice, any person may file with the Minister written comments on the proposed plan.
Consideration of comments
(6)The Ministers shall take into account the comments and may amend the proposed plan in any manner they consider appropriate based on those comments.
Publication of plan
(7)The Minister shall publish the plan in the Canada Gazette and in any other manner that the Minister considers appropriate.
Application
(8)If after reviewing the plan the Ministers propose to amend it, subsections (2) to (7) apply to the proposed amended plan.
Report to Parliament
74The Ministers shall include in the annual report required by section 342 a report on the progress made in assessing the substances specified in the plan developed under section 73 and in respect of any activities or initiatives specified in the plan.
20Sections 76 and 76.‍1 of the Act are replaced by the following:
List of substances capable of becoming toxic
75.‍1(1)The Minister shall compile and may amend from time to time a list that specifies substances that the Ministers have reason to suspect are capable of becoming toxic or that have been determined to be capable of becoming toxic.
Additional information
(2)The List may include information regarding a substance specified on the List, including an indication that
(a)the substance is specified on the Domestic Substances List with an indication that subsection 81(3) or 106(3) applies with respect to the substance; or
(b)the Minister has published a notice in the Canada Gazette indicating that subsection 81(4) or 106(4) applies with respect to the substance.
Publication
(3)The Minister shall publish the List and any amendments to it in the Environmental Registry and in any other manner that the Minister considers appropriate.
Statutory Instruments Act
(4)The List is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
Request to assess substance
76(1)Any person may file in writing with the Minister a request that the Ministers assess a substance to determine whether it is toxic or capable of becoming toxic.
Consideration of request
(2)The Ministers shall consider the request and, within 90 days after the day on which the request is filed, the Minister shall inform the person who filed the request of how the Ministers intend to deal with it and the reasons for dealing with it in that manner.
Form and manner
(3)A request shall be filed in the form and manner and shall contain the information specified by the Minister.
Weight of evidence and precautionary principle
76.‍1(1)The Ministers shall apply a weight of evidence approach and the precautionary principle when they are conducting and interpreting the results of
(a)an assessment conducted under this Part, other than under section 83, in order to determine whether a substance is toxic or capable of becoming toxic; or
(b)a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada.
Vulnerable population and cumulative effects
(2)When the Ministers are conducting and interpreting the results of an assessment or review referred to in subsection (1), they shall consider available information on any vulnerable population in relation to the substance and on the cumulative effects that may result from exposure to the substance in combination with exposure to other substances.
21(1)Subsections 77(1) to (4) of the Act are replaced by the following:
Publication after assessment or review
77(1)If the Ministers have conducted an assessment under this Part, other than under section 83, to determine whether a substance is toxic or capable of becoming toxic or a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, the Ministers shall publish in the Canada Gazette, and either Minister may publish in any other manner that that Minister considers appropriate,
(a)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; and
(b)if the measure is one referred to in paragraph (2)‍(c) or (d) and the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.
Proposed measures
(2)Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:
(a)taking no further action in respect of the substance;
(b)unless the substance is already on the List referred to in section 75.‍1, adding the substance to that List;
(c)recommending that the substance be added to Part 1 of the list of toxic substances in Schedule 1; or
(d)recommending that the substance be added to Part 2 of the list of toxic substances in Schedule 1.
Mandatory proposal
(3)The Ministers shall propose to take the measure referred to in paragraph (2)‍(c) if the substance is determined to be toxic and the Ministers are satisfied that
(a)the substance may have a long-term harmful effect on the environment and
(i)is persistent and bioaccumulative in accordance with the regulations,
(ii)is present in the environment primarily as a result of human activity, and
(iii)is not a naturally occurring radionuclide or a naturally occurring inorganic substance; or
(b)the substance
(i)is inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies, and
(ii)is, in accordance with the regulations, a substance that poses the highest risk.
(2)Subsections 77(6) to (8) of the Act are replaced by the following:
Publication of final decision
(6)After taking into consideration in an expeditious manner the comments filed under subsection (5), the Ministers shall publish in the Canada Gazette
(a)a summary of the assessment or of the review, as the case may be, referred to in subsection (1);
(b)a statement indicating the measure that the Ministers propose to take; and
(c)if the measure is one referred to in paragraph (2)‍(c) or (d),
(i)a statement indicating the manner in which a proposed regulation or instrument respecting preventive or control actions in relation to the substance is to be developed under this or any other Act of Parliament, or
(ii)if the Ministers are of the opinion that the substance is regulated by any other Act of Parliament, or a regulation or instrument made under that Act, in a manner that provides sufficient protection to the environment and human health, a statement made jointly by the Minister and the Minister responsible for the administration of that Act identifying the Act, regulation or instrument and indicating the manner in which the substance is regulated by it.
Exemption
(7)If the Ministers publish a statement under paragraph (6)‍(b) in respect of a substance already specified on the list of toxic substances in Schedule 1, paragraph (6)‍(c) does not apply.
(3)Subsection 77(9) of the Act is replaced by the following:
Recommendation to Governor in Council
(9)When the Ministers publish a statement under paragraph (6)‍(b) indicating that the measure that they propose to take is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, the Ministers shall make a recommendation for an order under subsection 90(1), and, if the substance is already specified in the other Part, the Ministers shall make a recommendation for an order under subsection 90(2).
22Sections 78 and 79 of the Act are replaced by the following:
Subsequent regulations or instruments
78(1)If the Ministers publish a statement under subparagraph 77(6)‍(c)‍(i) indicating that more than one proposed regulation or instrument respecting preventive or control actions in relation to a substance is to be developed, the Minister shall, when the first regulation or instrument respecting preventive or control actions in relation to the substance is published under paragraph 92(1)‍(a) or a statement identifying the first such regulation or instrument is published under paragraph 92(1)‍(b) or (c), as the case may be, publish in the Environmental Registry and in any other manner that the Minister considers appropriate a statement respecting the development of the subsequent proposed regulations or instruments that specifies, to the extent possible, an estimated time frame within which those proposed regulations or instruments are to be developed.
Amendments to statement
(2)If the Ministers amend the statement respecting the development of the subsequent proposed regulations or instruments, the Minister shall publish that statement as amended in the Environmental Registry and in any other manner that the Minister considers appropriate.
23Subsection 84(4) of the Act is replaced by the following:
Expiry of prohibition
(4)Any prohibition on the manufacture or importation of a substance imposed under paragraph (1)‍(b) expires two years after the day on which it is imposed unless, before the expiry of the two years, there is published in the Canada Gazette
(a)a regulation respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act; or
(b)a statement, identifying a regulation respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament,
(i)made jointly by the Minister and the Minister responsible for the administration of the Act of Parliament under which the regulation is to be made, if the Act is not an Act referred to in subparagraph (ii), or
(ii)made by the Minister of Health, if the Act of Parliament is one for whose administration that Minister is responsible.
If such a proposed regulation — or such a statement identifying a proposed regulation — is so published, the prohibition expires on the day on which the regulation comes into force.
24Subsections 85(2) and (3) of the Act are replaced by the following:
Contents of notice
(2)A notice referred to in subsection (1)
(a)shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to 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 on or before which it is to be provided and the period within which it is to be assessed under section 83; and
(b)may specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to the substance.
Classes of persons
(3)The Minister may, by notice published in the Canada Gazette, specify for the purpose of subsection 86(2) classes of persons who are not required to be notified under subsection 86(1) with respect to a substance for which a notice was published under subsection (1), if no such class was specified in that notice.
Subsequent notice
(4)The Minister may, by notice published in the Canada Gazette,
(a)vary the significant new activities in relation to a substance for which a notice has been published under subsection (1) or vary the information to be provided to the Minister under subsection 81(4), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;
(b)indicate that subsection 81(4) no longer applies with respect to the substance;
(c)vary the classes of persons, if any, that are specified for the purpose of subsection 86(2) in a notice published under subsection (1) or (3); or
(d)indicate that a class of persons is no longer specified for the purpose of subsection 86(2).
25Section 86 of the Act is renumbered as subsection 86(1) and is amended by adding the following:
Exception
(2)A person who is within a class of persons that is specified in a notice published under subsection 85(1) or (3) — or, if the class is varied by a notice published under subsection 85(4), within the class as varied — is not required to be notified under subsection (1) with respect to the substance to which the notice relates.
26Subsections 87(3) and (4) of the Act are replaced by the following:
Significant new activity
(3)If a substance is on the Domestic Substances List or is to be added to the List under subsection (1) or 66.‍1(1), the Minister may amend the List to indicate that subsection 81(3) applies with respect to the substance.
Contents of amendment
(4)An amendment referred to in subsection (3)
(a)shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to 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 on or before which it is to be provided and the period within which it is to be assessed under section 83; and
(b)may specify for the purpose of subsection 87.‍1(2) classes of persons who are not required to be notified under subsection 87.‍1(1) with respect to the substance.
Subsequent amendment
(4.‍1)The Minister may amend the Domestic Substances List in respect of a substance with respect to which subsection 81(3) applies
(a)to vary the significant new activities in relation to the substance or vary the information to be provided to the Minister under subsection 81(3), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;
(b)to indicate that subsection 81(3) no longer applies;
(c)to specify classes of persons for the purpose of subsection 87.‍1(2), if no such classes are specified with respect to the substance;
(d)to vary the classes of persons, if any, that are specified for the purpose of subsection 87.‍1(2); or
(e)to delete any class of persons that is specified for the purpose of subsection 87.‍1(2).
27The Act is amended by adding the following after section 87:
Notification of persons required to comply
87.‍1(1)If a substance is specified on the Domestic Substances List with an indication that subsection 81(3) applies with respect to the 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 that subsection.
Exception
(2)A person is not required to be notified under subsection (1) with respect to a substance if they are within a class of persons that is specified on the Domestic Substances List in respect of the substance for the purpose of this subsection.
28Paragraph 89(1)‍(k) of the Act is replaced by the following:
(k)generally for carrying out the purposes and provisions of sections 66 to 66.‍2 and 80 to 88.
29Subsections 90(1) to (2) of the Act are replaced by the following:
Addition to list of toxic substances
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 Part 1 or 2 of the list of toxic substances in Schedule 1.
Priorities
(1.‍1)In developing a proposed regulation or instrument respecting preventive or control actions in relation to a substance specified on the list of toxic substances in Schedule 1, the Ministers shall give priority to,
(a)in the case of a substance specified in Part 1 of the list of toxic substances in that Schedule, the total, partial or conditional prohibition of activities in relation to the substance or of releases of the substance into the environment; or
(b)in the case of a substance specified in Part 2 of the list of toxic substances in that Schedule, pollution prevention actions.
Consideration of factors
(1.‍2)For the purposes of paragraph (1.‍1)‍(a), the Ministers may consider any factor that they consider appropriate, including whether the activity or release can be undertaken in a manner that minimizes or eliminates any harmful effect on the environment or human health and whether there are feasible alternatives to the substance.
Deletion from the list of toxic substances
(2)Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order deleting the substance from that Part and repealing the regulations made under section 93 with respect to the substance.
2017, c. 26, subpar. 63(d)‍(iv)‍(E)
30Subsections 91(1) to (5) of the Act are replaced by the following:
Publication of proposed preventive or control actions
91(1)Subject to subsections (2), (6) and (7), 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, in respect of a substance is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1,
(a)the Minister shall publish in the Canada Gazette
(i)a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act, other than an instrument that may be made only by the Minister of Health, or
(ii)a statement — identifying a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under any other Act of Parliament other than an Act for whose administration the Minister of Health is responsible — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is to be made; or
(b)the Minister of Health shall publish in the Canada Gazette
(i)an instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made by that Minister under this Act, or
(ii)a statement identifying a regulation or instrument respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament for whose administration that Minister is responsible.
Exceptions
(2)Subsection (1) does not apply in respect of
(a)a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 in relation to which the measure the Ministers propose to take, as confirmed or amended, is a recommendation that the substance be added to the other Part; or
(b)a substance in relation to which a statement has been published under subparagraph 77(6)‍(c)‍(ii).
31Subsection 92(1) of the Act is replaced by the following:
Publication of preventive or control actions
92(1)Subject to subsection (2), within 18 months after the day on which a proposed regulation or instrument is published under subparagraph 91(1)(a)‍(i) or (b)‍(i) or subsection 91(6) or a statement identifying a proposed regulation or instrument is published under subparagraph 91(1)‍(a)‍(ii) or (b)‍(ii), unless a material substantive change is required to be made to that proposed regulation or instrument,
(a)a regulation or instrument respecting preventive or control actions in relation to a substance shall be made under this Act and published in the Canada Gazette;
(b)the Minister shall publish in the Canada Gazette a statement — identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is made; or
(c)the Minister of Health shall publish in the Canada Gazette a statement identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament for whose administration that Minister is responsible.
32Section 92.‍1 of the Act is repealed.
33(1)The portion of subsection 93(1) of the Act before paragraph (a) is replaced by the following:
Regulations
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,
(2)Paragraphs 93(1)‍(f) and (g) of the Act are replaced by the following:
(f)the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;
(g)the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;
(3)Paragraph 93(1)‍(i) of the Act is replaced by the following:
(i)the quantities or concentrations of the substance that may be imported or exported;
(4)Paragraphs 93(1)‍(l) to (s) of the Act are replaced by the following:
(l)the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment;
(m)the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;
(n)the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, offered for sale or sold in Canada, or that any such product may release into the environment;
(o)the manner in which, conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;
(p)the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;
(q)the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;
(r)the manner, conditions, places and method of disposal of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal sites;
(s)the submission to the Minister, on request or at any prescribed times, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;
(5)Paragraphs 93(1)‍(u) and (v) of the Act are replaced by the following:
(u)the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;
(v)the submission of samples to the Minister of the substance, a product that contains the substance or a product that may release the substance into the environment;
(6)Paragraph 93(1)‍(w) of the English version of the Act is replaced by the following:
(w)the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;
(7)Subsection 93(5) of the Act is replaced by the following:
Powers of Minister
(5)Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.
Statutory Instruments Act
(6)A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
34(1)Subsection 94(1) of the Act is replaced by the following:
Interim orders
94(1)The Minister may make an interim order in respect of a substance and the order may contain any provision that may be contained in a regulation made under subsection 93(1) if
(a)the substance
(i)is not specified on the list of toxic substances in Schedule 1 and the Ministers believe that it is toxic or capable of becoming toxic, or
(ii)is specified on that list and the Ministers believe that it is not adequately regulated; and
(b)the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health.
(2)Paragraph 94(5)‍(b) of the Act is replaced by the following:
(b)if the order was made in respect of a substance that was not specified on the list of toxic substances in Schedule 1, that the substance be added to Part 1 or 2 of that list under section 90.
35(1)The portion of subsection 95(1) of the Act before paragraph (a) is replaced by the following:
Report and remedial measures
95(1)If there occurs or is a likelihood of a release into the environment of a substance specified on the list of toxic substances in Schedule 1 in contravention of a regulation made under section 93 or an order made under section 94, any person described in subsection (2) shall, as soon as possible in the circumstances,
(2)Subsection 95(3) of the Act is replaced by the following:
Report by property owner
(3)If there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release and who knows that it is a substance specified on the list of toxic substances in Schedule 1 shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.
36Subsection 96(1) of the Act is replaced by the following:
Voluntary report
96(1)If a person has knowledge of the occurrence or likelihood of a release into the environment of a substance specified on the list of toxic substances in Schedule 1, but the person is not required to report the matter under this Act, the person may report any information relating to the release or likely release to an enforcement officer or to any person to whom a report may be made under section 95.
37The portion of section 99 of the Act before paragraph (a) is replaced by the following:
Remedial measures
99If, in respect of a substance, a product that contains a substance or a product that may release a substance into the environment, there is a contravention of this Part or any regulation made under this Part, the Minister may, in writing,
38The portion of subsection 105(1) of the Act before paragraph (a) is replaced by the following:
Adding living organisms to Domestic Substances List
105(1)The Minister shall, for the purpose of section 106, add to the Domestic Substances List maintained under section 66 any living organism if the Minister is satisfied that, between January 1, 1984 and December 31, 1986, the living organism
39The Act is amended by adding the following after section 105:
Domestic Substances List — Food and Drugs Act
105.‍1(1)The Minister may, for the purpose of section 106, add to the Domestic Substances List any living organism if the Minister is satisfied that, between January 1, 1987 and September 13, 2001, the living organism
(a)was in Canadian commerce as a product to which the Food and Drugs Act applied; or
(b)was in Canadian commerce as a living organism that was in or on such a product.
Amendment of List
(2)If the Minister includes a living organism on the Domestic Substances List and subsequently learns that, between January 1, 1987 and September 13, 2001, the requirements set out in paragraph (1)‍(a) or (b) were not met in respect of the living organism, the Minister shall delete the living organism from the List.
Designation
(3)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.
Amendment of List
105.‍2(1)If the Minister is satisfied that a living organism added to the Domestic Substances List under subsection 105(1) or 112(1) is not being manufactured in Canada or imported into Canada — or that a living organism added to the List under subsection 105.‍1(1) is not in Canadian commerce — the Minister may delete the living organism from the List.
Publication — notice of intent
(2)Before deleting a living organism from the Domestic Substances List under subsection (1), the Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice indicating the Minister’s intention to delete it from the List.
Comments
(3)Within 60 days after the publication of the notice, any person may file written comments with the Minister.
Designation
(4)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.
40Subsection 109(4) of the Act is replaced by the following:
Expiry of prohibition
(4)Any prohibition on the manufacture or import of a living organism imposed under paragraph (1)‍(b) expires two years after the day on which it is imposed unless, before the expiry of the two years, there is published in the Canada Gazette
(a)a regulation respecting preventive or control actions, in relation to the living organism, that is proposed to be made under this Act; or
(b)a statement, identifying a regulation respecting preventive or control actions in relation to the living organism that is proposed to be made under any other Act of Parliament,
(i)made jointly by the Minister and the Minister responsible for the administration of the Act of Parliament under which the regulation is to be made, if the Act is not an Act referred to in subparagraph (ii), or
(ii)made by the Minister of Health, if the Act of Parliament is one for whose administration that Minister is responsible.
If such a proposed regulation — or such a statement identifying a proposed regulation — is so published, the prohibition expires on the day on which the regulation comes into force.
41Subsections 110(2) and (3) of the Act are replaced by the following:
Contents of notice
(2)A notice referred to in subsection (1)
(a)shall indicate, by inclusion or exclusion, the significant new activities in relation to the living organism with respect to which subsection 106(4) is to apply and, if regulations in respect of those significant new activities are not made under paragraphs 114(1)‍(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 108; and
(b)may specify for the purpose of subsection 111(2) classes of persons who are not required to be notified under subsection 111(1) with respect to the living organism.
Classes of persons
(3)The Minister may, by notice published in the Canada Gazette, specify for the purpose of subsection 111(2) classes of persons who are not required to be notified under subsection 111(1) with respect to a living organism for which a notice was published under subsection (1), if no such class was specified in that notice.
Subsequent notice
(4)The Minister may, by notice published in the Canada Gazette,
(a)vary the significant new activities in relation to a living organism for which a notice has been published under subsection (1) or vary the information to be provided to the Minister under subsection 106(4), the date on or before which that information is to be provided or the period within which it is to be assessed under section 108;
(b)indicate that subsection 106(4) no longer applies with respect to that living organism;
(c)vary the classes of persons, if any, that are specified for the purpose of subsection 111(2) in a notice published under subsection (1) or (3); or
(d)indicate that a class of persons is no longer specified for the purpose of subsection 111(2).
42Section 111 of the Act is renumbered as subsection 111(1) and is amended by adding the following:
Exception
(2)A person who is within a class of persons that is specified in a notice published under subsection 110(1) or (3) — or, if the class is varied by a notice published under subsection 110(4), within the class as varied — is not required to be notified under subsection (1) with respect to the living organism to which the notice relates.
43Subsections 112(3) and (4) of the Act are replaced by the following:
Significant new activity
(3)If a living organism is on the Domestic Substances List or is to be added to the List under subsection (1) or 105.‍1(1), the Minister may amend the List to indicate that subsection 106(3) applies with respect to the living organism.
Contents of amendment
(4)An amendment referred to in subsection (3)
(a)shall indicate, by inclusion or exclusion, the significant new activities in relation to the living organism with respect to which subsection 106(3) is to apply and, if regulations in respect of those significant new activities are not made under paragraphs 114(1)‍(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 108; and
(b)may specify for the purpose of subsection 112.‍1(2) classes of persons who are not required to be notified under subsection 112.‍1(1) with respect to the living organism.
Subsequent amendment
(5)The Minister may amend the Domestic Substances List in respect of a living organism with respect to which subsection 106(3) applies
(a)to vary the significant new activities in relation to the living organism or vary the information to be provided to the Minister under subsection 106(3), the date on or before which that information is to be provided or the period within which it is to be assessed under section 108;
(b)to indicate that subsection 106(3) no longer applies;
(c)to specify classes of persons for the purpose of subsection 112.‍1(2), if no such classes are specified with respect to the living organism;
(d)to vary the classes of persons, if any, that are specified for the purpose of subsection 112.‍1(2); or
(e)to delete any class of persons that is specified for the purpose of subsection 112.‍1(2).
44The Act is amended by adding the following after section 112:
Notification of persons required to comply
112.‍1(1)If a living organism is specified on the Domestic Substances List with an indication that subsection 106(3) applies with respect to the living organism, every person who transfers the physical possession or control of the living organism shall notify all persons to whom the possession or control is transferred of the obligation to comply with that subsection.
Exception
(2)A person is not required to be notified under subsection (1) with respect to a living organism if they are within a class of persons that is specified on the Domestic Substances List in respect of the living organism for the purpose of this subsection.
45Paragraphs 199(1)‍(a) and (b) of the Act are replaced by the following:
(a)a substance or group of substances specified in Part 1 or 2 of the list of toxic substances in Schedule 1; or
(b)a substance or group of substances in relation to which there has been published in the Canada Gazette
(i)a statement of the Ministers 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 Part 1 or 2 of the list of toxic substances in Schedule 1, or
(ii)a copy of an order proposed to be made under subsection 90(1).
46(1)Paragraphs 209(2)‍(f) and (g) of the Act are replaced by the following:
(f)the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;
(g)the manner in which and the conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;
(2)Paragraph 209(2)‍(i) of the Act is replaced by the following:
(i)the quantities or concentrations of the substance that may be imported or exported;
(3)Paragraphs 209(2)‍(l) to (r) of the Act are replaced by the following:
(l)the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment and the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;
(m)the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada, or that any such product may release into the environment;
(n)the manner in which, the conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;
(o)the manner in which and the conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;
(p)the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;
(q)the manner, conditions, places and method of disposal or recycling of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal or recycling sites;
(r)the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;
(4)Paragraphs 209(2)‍(t) and (u) of the Act are replaced by the following:
(t)the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;
(u)the submission to the Minister of samples of the substance, a product that contains the substance or a product that may release the substance into the environment;
(5)Paragraph 209(2)‍(v) of the English version of the Act is replaced by the following:
(v)the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;
(6)Section 209 of the Act is amended by adding the following after subsection (4):
Powers of Minister
(5)Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.
Statutory Instruments Act
(6)A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.
47Paragraph 218(1)‍(a) of the Act is replaced by the following:
(a)there can be found in the place a substance with respect to which this Act applies, a product that contains such a substance or a product that may release such a substance into the environment;
48(1)Paragraph 235(2)‍(a) of the Act is replaced by the following:
(a)the exportation, importation, manufacture, transportation, processing or distribution of a substance, a product that contains a substance or a product that may release a substance into the environment;
(2)Paragraphs 235(2)‍(b) and (c) of the English version of the Act are replaced by the following:
(b)the possession, storage, use, sale, offering for sale, advertisement or disposal of a substance, a product that contains a substance or a product that may release a substance into the environment;
(c)the use, in a commercial manufacturing or processing activity, of a substance, a product that contains a substance or a product that may release a substance into the environment; or
(3)Paragraph 235(3)‍(a) of the Act is replaced by the following:
(a)owns or has the charge, management or control of
(i)the substance — or any product that contains the substance or that may release the substance into the environment — to which the alleged contravention relates, or
(ii)the property on which the substance or product is located;
2009, c. 14, s. 72
49(1)Paragraph 272(1)‍(b) of the Act is replaced by the following:
(b)fails to comply with an obligation set out in section 70, 86, 87.‍1, 95, 111 or 112.‍1 or subsection 169(1), 172(1), 179(1), 182(1), 201(1) or 212(1);
2009, c. 14, s. 72
(2)Paragraph 272(1)‍(d) of the Act is replaced by the following:
(d)contravenes a condition of a permission granted under paragraph 84(1)‍(a) or 109(1)‍(a) or under regulations made under section 93 or 209;
50(1)Subsection 313(1) of the French version of the Act is replaced by the following:
Demande de confidentialité
313(1)Quiconque fournit des renseignements au ministre sous le régime de la présente loi, ou à la commission de révision relativement à un avis d’opposition déposé aux termes de la présente loi, peut en même temps demander que les renseignements fournis soient considérés comme confidentiels.
(2)Subsection 313(2) of the Act is replaced by the following:
Contents of request
(2)A request for confidentiality shall be submitted, with reasons, in writing and contain any supplementary information that may be prescribed.
Exceptions to requirement to give reasons
(3)In the case of information provided under a regulation, order or notice, reasons for a request for confidentiality are not required if the regulation, order or notice so specifies.
51Section 314 of the Act is replaced by the following:
Prohibition of disclosure
314The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with any of sections 315 to 317.‍2.
52(1)The portion of paragraph 316(1)‍(c) of the Act before subparagraph (i) is replaced by the following:
(c)under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada or a board or agency of the Government of Canada, if
(2)Subparagraph 316(1)‍(c)‍(ii) of the Act of the Act is replaced by the following:
(ii)the government, international organization, institution, other minister, board or agency undertakes to keep the information confidential;
53The Act is amended by adding the following after section 317:
Disclosure — substance
317.‍1(1)The Minister may disclose the explicit chemical or biological name of a substance in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures:
(a)to permit, under paragraph 84(1)‍(a), the manufacture or importation of the substance, subject to any conditions that are specified;
(b)to prohibit the manufacture or importation of the substance under paragraph 84(1)‍(b);
(c)to publish, in respect of the substance, a notice under subsection 85(1) or (4); or
(d)to amend the Domestic Substances List in respect of the substance under subsection 87(3) or (4.‍1).
Disclosure — living organism
(2)The Minister may disclose the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Minister takes or has taken any of the following measures:
(a)to permit, under paragraph 109(1)‍(a), the manufacture or importation of the living organism, subject to any conditions that are specified;
(b)to prohibit the manufacture or importation of the living organism under paragraph 109(1)‍(b);
(c)to publish, in respect of the living organism, a notice under subsection 110(1) or (4); or
(d)to amend the Domestic Substances List in respect of the living organism under subsection 112(3) or (5).
Disclosure — Ministers’ recommendation
(3)The Minister may disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism in respect of which a request for confidentiality has been made if the Ministers recommend or have recommended to the Governor in Council the addition of the substance or the living organism to Part 1 or 2 of the list of toxic substances in Schedule 1 under subsection 90(1).
Disclosure after expiry
317.‍2(1)The Minister may disclose the explicit chemical or biological name of a substance or the explicit biological name of a living organism after the expiry of a period of 10 years after the day on which a request for confidentiality under section 313 is made.
Publication — notice of intent
(2)The Minister shall publish a notice in the Canada Gazette of the Minister’s intention to disclose the explicit chemical or biological name under subsection (1) at least 60 days before the proposed disclosure.
Comments
(3)Within 60 days after the publication of the notice, the person who made the request for confidentiality or the person’s successor or assign may file with the Minister comments respecting
(a)whether the public interest in the disclosure of the name clearly outweighs in importance
(i)any material financial loss or prejudice to the competitive position of the person or the person’s successor or assign, and
(ii)any damage to the privacy, reputation or human dignity of any person that may result from the disclosure of that name; and
(b)whether the disclosure is prohibited under section 20 of the Access to Information Act.
Notice of disclosure
(4)At least 24 hours before disclosing the name under subsection (1), the Minister shall give notice of the proposed disclosure to the person who made the request for confidentiality or the person’s successor or assign. The notice is not required if the person to whom it is to be given cannot be found after reasonable efforts have been made to do so.
Emergency
(5)If an emergency exists, subsections (2) and (3) do not apply and the notice of disclosure required in subsection (4) may be given later than the time provided for in that subsection.
54Section 319 of the Act is renumbered as subsection 319(1) and is amended by adding the following:
Regulation, order or notice
(2)The regulation, order or notice under which information is provided to the Minister or board of review may specify that the requirement to give reasons for a request for confidentiality under section 313 with respect to the information in question does not apply.
55Subsections 330(3) and (3.‍1) of the Act are repealed.
2004, c. 15, s. 31
56Subsections 332(1) and (2) of the Act are replaced by the following:
Publication of proposed orders and regulations
332(1)The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in any of sections 66 to 66.‍2, 87, 105 to 105.‍2 and 112 or an interim order made under section 94, 163, 173, 183 or 200.‍1.
Notice of objection
(2)Any person may file with the Minister comments, or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection, within 60 days after the publication of
(a)a proposed order or regulation referred to in subsection (1);
(b)a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette; or
(c)a statement referred to in subparagraph 91(1)‍(a)‍(ii) or (b)‍(ii).
57(1)Subsection 333(1) of the Act is replaced by the following:
Establishment of board of review
333(1)If a person files a notice of objection under subsection 332(2) in respect of a decision or a proposed order, regulation or instrument made by the Governor in Council, a decision or a proposed order or instrument made by either or both Ministers or a statement referred to in subparagraph 91(1)‍(a)‍(ii) or (b)‍(ii), the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision or statement is made or the order, regulation or instrument is proposed.
(2)Subsection 333(6) of the Act is repealed.
SOR/2000-109, s. 1; SOR/2001-1, s. 1; SOR/2001-147, s. 1; SOR/2003-10, s. 1; SOR/2003-98, s. 1 and 2; SOR/2003-172, s. 1; SOR/2003-172, s. 1; SOR/2003-229, s. 1; SOR/2003-270, s. 1; SOR/2003-277, s. 1; SOR/2005-40, s. 1; SOR/2005-46, s. 1; SOR/2005-262, s. 1; SOR/2005-345, s. 1; SOR/2006-329, ss.‍1 and 2; SOR/2006-333, s. 1; SOR/2010-98, s. 1; SOR/2010-194, s. 1; SOR/2010-210, s. 1; SOR/2011-25, s. 1; SOR/2011-26, s. 1; SOR/2011-34, s. 1; SOR/2011-35, s. 1; SOR/2011-140, s. 1; SOR/2011-212, s. 1; SOR/2011-286, s. 1; SOR/2011-287, s. 1; SOR/2012-40, s. 1; SOR/2012-186, s. 1; SOR/2012-187, s. 1; SOR/2012-189, s. 1; SOR/2012-219, s. 1; SOR/2012-235, s. 1; SOR/2013-188, s. 1; SOR/2016-120, s. 1; SOR/2016-150, s. 1;SOR/2016-251, s. 1; SOR/2016-308, s. 1; SOR/2017-113, s. 1; SOR/2018-20, s. 1; SOR/2018-67, s. 1; SOR/2018-129, s. 1; SOR/2018-130, s. 1; SOR/2019-115, s. 1; SOR/2019-197, s. 1; SOR/2019-198, s. 1; SOR/2020-217, s. 1; SOR/2020-218, s. 1
58Schedule 1 to the Act is replaced by the Schedule 1 set out in the schedule to this Act.

Transitional Provisions

Words and expressions
59Unless the context otherwise requires, words and expressions used in sections 60 to 62 have the same meaning as in the Canadian Environmental Protection Act, 1999.
Statement under subsection 77(1) — deemed recommendation to add to Part 1
60(1)If, before the day on which subsection 21(1) of this Act comes into force, a statement is published under subsection 77(1) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take in respect of a substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act and to implement virtual elimination under subsection 65(3) of that Act and no statement confirming or amending that measure has been published under paragraph 77(6)‍(b) of that Act before that day, the measure is deemed to be a recommendation, made under paragraph 77(2)‍(c) of that Act, as that paragraph reads after that day, to add the substance on the list of toxic substances in Part 1 of Schedule 1, as that Schedule reads after that day.
Statement under subsection 77(1) — deemed recommendation to add to Part 2
(2)If, before the day on which subsection 21(1) of this Act comes into force, a statement is published under subsection 77(1) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take in respect of the substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act without implementing virtual elimination under subsection 65(3) of that Act and no statement confirming or amending that measure is published under paragraph 77(6)‍(b) of that Act before that day, the measure is deemed to be a recommendation, made under paragraph 77(2)‍(d) of that Act, as enacted by that subsection 21(1), to add the substance on the list of toxic substances in Part 2 of Schedule 1, as that Schedule reads after that day.
Statement under paragraph 77(6)‍(b) — deemed recommendation to add to Part 1
61(1)If, before the day on which subsection 21(2) of this Act comes into force, a statement is published under paragraph 77(6)‍(b) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take, as confirmed or amended, in respect of a substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act and to implement virtual elimination under subsection 65(3) of that Act, the statement is deemed to be a statement, published under paragraph 77(6)‍(b) of that Act, as it reads after that day, indicating that the measure, as confirmed or amended, is a recommendation to add the substance on the list of toxic substances in Part 1 of Schedule 1, as that Schedule reads after that day.
Statement under paragraph 77(6)‍(b) — deemed recommendation to add to Part 2
(2)If, before the day on which subsection 21(2) of this Act comes into force, a statement is published under paragraph 77(6)‍(b) of the Canadian Environmental Protection Act, 1999 indicating that the measure that the Ministers propose to take, as confirmed or amended, in respect of the substance is a recommendation to add the substance to the List of Toxic Substances in Schedule 1 of that Act without the implementation of virtual elimination under subsection 65(3) of that Act, the statement is deemed to be a statement, published under paragraph 77(6)‍(b) of that Act, as it reads after that day, indicating that the measure, as confirmed or amended, is a recommendation to add the substance on the list of toxic substances in Part 2 of Schedule 1, as that Schedule reads after that day.
Schedule 1 — substance added
62(1)If a substance is added to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 before the day on which section 58 of this Act comes into force but the substance is not specified on the list of toxic substances in Part 1 or 2 of Schedule 1 of the Canadian Environmental Protection Act, 1999 on that day, the Governor in Council must as soon as feasible after that day make an order adding the substance
(a)to the list of toxic substances in Part 1 of Schedule 1 of that Act, if the Governor in Council is satisfied that the substance is toxic within the meaning of section 64 of that Act and if the Ministers recommended the implementation of virtual elimination under subsection 65(3) of that Act in relation to the substance; or
(b)to the list of toxic substances in Part 2 of Schedule 1 of that Act, if the Governor in Council is satisfied that the substance is toxic within the meaning of section 64 of that Act and if the Ministers did not recommend the implementation of virtual elimination under subsection 65(3) of that Act in relation to the substance.
Schedule 1 — substance deleted
(2)If a substance is deleted from the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 before the day on which section 58 of this Act comes into force but the substance is specified on the list of toxic substances in Part 1 or 2 of Schedule 1 of that Act as it reads after that day, the Governor in Council must as soon as feasible after that day make an order deleting the substance from the list of toxic substances on which it is specified.
Regulations
63The Minister of the Environment and the Minister of Health may, by regulation,
(a)repeal the Virtual Elimination List; and
(b)repeal the Regulations Adding Perfluorooctane Sulfonate and Its Salts to the Virtual Elimination List.
R.‍S, c. F-27

Related Amendments to the Food and Drugs Act

64The Food and Drugs Act is amended by adding the following after section 11:
Risk to environment
11.‍1It is prohibited for a person to sell, or to manufacture, prepare, preserve, package or store for sale, any drug that contains a prescribed substance, unless the Minister has conducted an assessment, in accordance with the regulations made under paragraph 30(1)‍(l.‍1), of the risk to the environment presented by the substance.
65The Act is amended by adding the following after section 21.‍3:
Information — serious environmental risk
21.‍301(1)If the Minister believes that a therapeutic product may present a serious risk to the environment, the Minister may order a person to provide the Minister with information that is in the person’s control and that the Minister believes is necessary to determine whether the product presents such a risk.
Disclosure — serious environmental risk
(2)The Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the Minister believes that the product may present a serious risk to the environment.
Disclosure —  protection of the environment
(3)The Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the purpose of the disclosure is related to the protection of the environment and the disclosure is to
(a)a government;
(b)a person from whom the Minister seeks advice; or
(c)a person who carries out functions relating to the protection of the environment, including the assessment and management of risks to the environment.
Definition of government
(4)In this section, government has the same meaning as in subsection 21.‍1(4).
Labelling or packaging — serious risk to environment
21.‍302The Minister may, if he or she believes that doing so is necessary to prevent a serious risk to the environment, order the holder of a therapeutic product authorization that authorizes the import or sale of a therapeutic product to modify the product’s label or to modify or replace its package.
Minister’s powers — serious risk to environment
21.‍303(1)If the Minister believes that a therapeutic product presents a serious or imminent risk to the environment, he or she may order a person who sells the product to
(a)recall the product; or
(b)send the product, or cause it to be sent, to a place specified in the order.
Subsections 21.‍3(2) to (6) apply
(2)Subsections 21.‍3(2) to (6) apply, with any modifications that the circumstances require, in respect of any order made under subsection (1).
2014, c. 24, s. 4
66Section 21.‍4 of the Act is replaced by the following:
Power — information relating to environmental effects
21.‍33Subject to the regulations, the Minister may, for the purpose of obtaining additional information about a therapeutic product’s effects on the environment, order the holder of a therapeutic product authorization to
(a)compile information or conduct tests, studies or monitoring in respect of the therapeutic product; and
(b)provide the Minister with the information or the results of the tests, studies or monitoring.
Statutory Instruments Act
21.‍4(1)For greater certainty, orders made under any of sections 21.‍1 to 21.‍33 are not statutory instruments within the meaning of the Statutory Instruments Act.
Availability of orders
(2)The Minister shall ensure that any order made under any of sections 21.‍1 to 21.‍33 is publicly available.
67(1)Subsection 30(1) of the Act is amended by adding the following after paragraph (a):
(a.‍01)declaring that any drug is adulterated if the Minister believes that a prescribed substance contained in that drug presents a serious risk to the environment;
(2)Subsection 30(1) of the Act is amended by adding the following after paragraph (a.‍01):
(a.‍02)prescribing the substances that are subject to an assessment under section 11.‍1;
(3)Subsection 30(1) of the Act is amended by adding the following after paragraph (b):
(b.‍01)respecting, for the purposes of managing risks to the environment, any of the following:
(i)the labelling and packaging and the offering, exposing and advertising for sale of food, drugs, cosmetics and devices,
(ii)the size, dimensions, fill and other specifications of packages of food, drugs, cosmetics and devices,
(iii)the sale or the conditions of sale of any food, drug, cosmetic or device, and
(iv)the use of any substance as an ingredient in any food, drug, cosmetic or device;
(4)Paragraph 30(1)‍(e) of the Act is replaced by the following:
(e)respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer or to manage risks to the environment;
1999, c. 33, s. 347
(5)Paragraph 30(1)‍(l.‍1) of the Act is replaced by the following:
(l.‍1)respecting the assessment of the risk to the environment or human life and health of the release into the environment of any food, drug, cosmetic or device;
(l.‍2)respecting, for the purpose of managing risks to the environment identified as part of an assessment under this Act, measures in respect of selling or importing, manufacturing, preparing, preserving, packaging or storing for sale any food, drug, cosmetic or device;
(l.‍3)authorizing the Minister to waive any requirement respecting the assessment under this Act of the risk to the environment presented by a food, drug, cosmetic or device;
(6)Section 30 of the Act is amended by adding the following after subsection (1):
Relevant factor
(1.‍01)Before recommending to the Governor in Council that a regulation be made under paragraph (1)‍(a.‍02), the Minister must take into account the degree of uncertainty respecting the risks to the environment associated with the use of a substance as an ingredient in a drug, including its release into the environment.
(7)Subsection 30(1.‍2) of the Act is amended by adding the following after paragraph (d):
(d.‍01)requiring holders of a therapeutic product authorization to provide the Minister with information, in respect of any serious risk to the environment, that the holders receive or become aware of and that is relevant to the therapeutic product to which the authorization relates, regarding
(i)risks that have been communicated outside Canada, and the manner of the communication,
(ii)changes that have taken place to labelling outside Canada, and
(iii)recalls, reassessments and suspensions or revocations of authorizations, including licences, in respect of a therapeutic product, that have taken place outside Canada;
2014, c. 24, s. 6(1)
(8)Paragraph 30(1.‍2)‍(e) of the Act is replaced by the following:
(e)respecting modifications of labels and modifications and replacements of packages referred to in sections 21.‍2 and 21.‍302;
2014, c. 24, s. 6(2)
(9)Paragraph 30(1.‍2)‍(f.‍3) of the Act is replaced by the following:
(f.‍3)respecting the compilation of information, the conducting of tests and studies and the monitoring that are referred to in paragraphs 21.‍32(a) and 21.‍33(a), and the provision to the Minister of the information or results referred to in paragraphs 21.‍32(b) and 21.‍33(b);

Repeal

Repeal
68The Perfluorooctane Sulfonate Virtual Elimination Act, chapter 13 of the Statutes of Canada, 2008, is repealed.

Coming into Force

Order in council
69Section 64 and subsections 67(2), (5) and (6) come into force on a day to be fixed by order of the Governor in Council.


SCHEDULE

(Section 58)
SCHEDULE 1
(Paragraphs 56(1)‍(a) and (c), section 68, subsection 71(1) and paragraphs 77(2)‍(c) and (d), subsections 77(7) and (9), 90(1) to (2) and 91(1), paragraph 91(2)‍(a), subsection 93(1), paragraphs 94(1)‍(a) and (5)‍(b), subsections 95(1) and (3) and 96(1), paragraph 199(1)‍(a) and subparagraph 199(1)‍(b)‍(i) and subsection 317.‍1(3))
Note: For molecular formulae in this Schedule, “n”, “x” and “y” refer to the number of atoms.
PART 1
1
Chlorobiphenyls that have the molecular formula C12H(10-n)Cln in which “n” is greater than 2
2
Dodecachloropentacyclo [5.‍3.‍0.‍02,6.‍03,9.‍04,8] decane (Mirex)
3
Polychlorinated dibenzo-para-dioxins that have the molecular formula C12H(8-n)ClnO2 in which “n” is greater than 2
4
Polychlorinated dibenzofurans that have the molecular formula C12H(8-n)ClnO in which “n” is greater than 2
5
Hexachlorobenzene
6
Hexachlorobutadiene, which has the molecular formula C4Cl6
7
Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C14H9Cl5
8
Tetrachlorobenzenes, which have the molecular formula C6H2Cl4
9
Pentachlorobenzene, which has the molecular formula C6HCl5
10
Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4≤n≤6
11
Perfluorooctane sulfonate and its salts
12
Phenol, 2,4,6-tris(1,1-dimethylethyl)-, which has the molecular formula C18H30O
13
Tributyltins, which contain the grouping (C4H9)3Sn
14
Phenol, 2,6-bis(1,1-dimethylethyl)-4-(1-methylpropyl)-, which has the molecular formula C18H30O
15
Chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 10≤ n≤ 20
16
Polychlorinated naphthalenes, which have the molecular formula C10H8-nCln in which “n” is greater than 1
17
Hexabromocyclododecane, which has the molecular formula C12H18Br6
18
Reaction products of 2-propanone with diphenylamine
19
Benzene, 1-chloro-2-[2,2-dichloro-1-(4-chlorophenyl)ethyl]-, which has the molecular formula C14H10Cl4
PART 2
1
Polybrominated Biphenyls that have the molecular formula C12H(10-n)Brn in which “n” is greater than 2
2
Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula CnClxF(2n+2-x)
3
Polychlorinated Terphenyls that have a molecular formula C18H(14-n)Cln in which “n” is greater than 2
4
Asbestos
5
Lead
6
Mercury and its compounds
7
Vinyl Chloride
8
Bromochlorodifluoromethane that has the molecular formula CF2BrCl
9
Bromotrifluoromethane that has the molecular formula CF3Br
10
Dibromotetrafluoroethane that has the molecular formula C2F4Br2
11
Fuel containing toxic substances that are dangerous goods within the meaning of the Transportation of Dangerous Goods Act, 1992 and that
(a)
are neither normal components of the fuel nor additives designed to improve the characteristics or the performance of the fuel; or
(b)
are normal components of the fuel or additives designed to improve the characteristics or performance of the fuel, but are present in quantities or concentrations greater than those generally accepted by industry standards.
12
Dibenzo-para-dioxin that has the molecular formula C12H8O2
13
Dibenzofuran that has the molecular formula C12H8O
14
Tetrachloromethane (carbon tetrachloride, CCl4)
15
1,1,1-trichloroethane (methyl chloroform, CCl3-CH3)
16
Bromofluorocarbons other than those set out in items 8 to 10
17
Hydrobromofluorocarbons that have the molecular formula CnHxFyBr(2n+2-x-y) in which 0<n≤3
18
Methyl Bromide
19
Bis(chloromethyl) ether that has the molecular formula C2H4Cl2O
20
Chloromethyl methyl ether that has the molecular formula C2H5ClO
21
Hydrochlorofluorocarbons that have the molecular formula CnHxFyCl(2n+2-x-y) in which 0<n≤3
22
Benzene that has the molecular formula C6H6
23
(4-Chlorophenyl)cyclopropylmethanone,O-[(4-nitrophenyl)methyl]oxime that has the molecular formula C17H15ClN2O3
24
Inorganic arsenic compounds
25
Benzidine and benzidine dihydrochloride, that have the molecular formula C12H12N2 and C12H12N2•2HCl, respectively
26
Bis(2-ethylhexyl)phthalate
27
Inorganic cadmium compounds
28
Chlorinated wastewater effluents
29
Hexavalent chromium compounds
30
Creosote-impregnated waste materials from creosote-contaminated sites
31
3,3′-Dichlorobenzidine
32
1,2-Dichloroethane
33
Dichloromethane
34
Effluents from pulp mills using bleaching
35
Inorganic fluorides
36
Refractory ceramic fibre
37
Oxidic, sulphidic and soluble inorganic nickel compounds
38
Polycyclic aromatic hydrocarbons
39
Tetrachloroethylene
40
Trichloroethylene
41
Tributyltetradecylphosphonium chloride that has the molecular formula C26H56P•Cl
42
Bromochloromethane, that has the molecular formula CH2BrCl
43
Acetaldehyde, which has the molecular formula C2H4O
44
1,3-Butadiene, which has the molecular formula C4H6
45
Acrylonitrile, which has the molecular formula C3H3N
46
Respirable particulate matter less than or equal to 10 microns
47
Acrolein, which has the molecular formula C3H4O
48
Ammonia dissolved in water
49
Nonylphenol and its ethoxylates
50
Effluents from textile mills that use wet processing
51
Inorganic Chloramines, which have the molecular formula NHnCl(3-n), where 0≤n≤2
52
Ethylene oxide, which has the molecular formula H2COCH2
53
Formaldehyde, which has the molecular formula CH2O
54
N-Nitrosodimethylamine, which has the molecular formula C2H6N2O
55
Gaseous Ammonia, which has the molecular formula NH3(g)
56
Ozone, which has the molecular formula O3
57
Nitric oxide, which has the molecular formula NO
58
Nitrogen dioxide, which has the molecular formula NO2
59
Sulphur dioxide, which has the molecular formula SO2
60
Volatile organic compounds that participate in atmospheric photochemical reactions, excluding the following:
(a)
methane;
(b)
ethane;
(c)
methylene chloride (dichloromethane);
(d)
1,1,1-trichloroethane (methyl chloroform);
(e)
1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);
(f)
trichlorofluoromethane (CFC-11);
(g)
dichlorodifluoromethane (CFC-12);
(h)
chlorodifluoromethane (HCFC-22);
(i)
trifluoromethane (HFC-23);
(j)
1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114);
(k)
chloropentafluoroethane (CFC-115);
(l)
1,1,1-trifluoro-2,2-dichloroethane (HCFC-123);
(m)
1,1,1,2-tetrafluoroethane (HFC-134a);
(n)
1,1-dichloro-1-fluoroethane (HCFC-141b);
(o)
1-chloro-1,1-difluoroethane (HCFC-142b);
(p)
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
(q)
pentafluoroethane (HFC-125);
(r)
1,1,2,2-tetrafluoroethane (HFC-134);
(s)
1,1,1-trifluoroethane (HFC-143a);
(t)
1,1-difluoroethane (HFC-152a);
(u)
parachlorobenzotrifluoride (PCBTF);
(v)
cyclic, branched or linear completely methylated siloxanes;
(w)
acetone;
(x)
perchloroethylene (tetrachloroethylene);
(y)
3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca);
(z)
1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb);
(z.‍1)
1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);
(z.‍2)
difluoromethane (HFC-32);
(z.‍3)
ethylfluoride (HFC-161);
(z.‍4)
1,1,1,3,3,3-hexafluoropropane (HFC-236fa);
(z.‍5)
1,1,2,2,3-pentafluoropropane (HFC-245ca);
(z.‍6)
1,1,2,3,3-pentafluoropropane (HFC-245ea);
(z.‍7)
1,1,1,2,3-pentafluoropropane (HFC-245eb);
(z.‍8)
1,1,1,3,3-pentafluoropropane (HFC-245fa);
(z.‍9)
1,1,1,2,3,3-hexafluoropropane (HFC-236ea);
(z.‍10)
1,1,1,3,3-pentafluorobutane (HFC-365mfc);
(z.‍11)
chlorofluoromethane (HCFC-31);
(z.‍12)
1-chloro-1-fluoroethane (HCFC-151a);
(z.‍13)
1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a);
(z.‍14)
1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9OCH3);
(z.‍15)
2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);
(z.‍16)
1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5);
(z.‍17)
2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
(z.‍18)
methyl acetate and perfluorocarbon compounds that fall into the following classes, namely,
(i)
cyclic, branched or linear completely fluorinated alkanes,
(ii)
cyclic, branched, or linear completely fluorinated ethers with no unsaturations,
(iii)
cyclic, branched or linear completely fluorinated tertiary amines with no unsaturations, or
(iv)
sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine;
(z.‍19)
1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (HFE-7000);
(z.‍20)
3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE-7500);
(z.‍21)
1,1,1,2,3,3,3-heptafluoropropane (HFC-227ea);
(z.‍22)
methyl formate (HCOOCH3);
(z.‍23)
t-butyl acetate;
(z.‍24)
1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE-7300);
(z.‍25)
propylene carbonate;
(z.‍26)
dimethyl carbonate;
(z.‍27)
trans-1,3,3,3-tetrafluoropropene (HFO-1234ze);
(z.‍28)
HCF2OCF2H (HFE-134);
(z.‍29)
HCF2OCF2OCF2H (HFE-236cal2);
(z.‍30)
HCF2OCF2CF2OCF2H (HFE-338pcc13);
(z.‍31)
HCF2OCF2OCF2CF2OCF2H;
(z.‍32)
2,3,3,3-tetrafluoropropene (HFO-1234yf);
(z.‍33)
trans 1-chloro-3,3,3-trifluoroprop-1-ene [HCFO-1233zd(E)]; and
(z.‍34)
2-amino-2-methyl-1-propanol.
61
Particulate matter containing metals that is released in emissions from copper smelters or refineries, or from both
62
Particulate matter containing metals that is released in emissions from zinc plants
63
2-butoxyethanol, which has the molecular formula C6H14O2
64
2-methoxyethanol, which has the molecular formula C3H8O2
65
Carbon dioxide, which has the molecular formula CO2
66
Methane, which has the molecular formula CH4
67
Nitrous oxide, which has the molecular formula N2O
68
Hydrofluorocarbons that have the molecular formula CnHxF(2n+2–x) in which 0<n<6
69
The following perfluorocarbons:
(a)
those that have the molecular formula CnF2n+2 in which 0<n<7; and
(b)
octafluorocyclobutane, which has the molecular formula C4F8.
70
Sulphur hexafluoride, which has the molecular formula SF6
71
Methanone, bis[4-(dimethylamino)phenyl]-, which has the molecular formula C17H20N2O
72
2-Butanone, oxime, which has the molecular formula C4H9NO
73
n-Butyl glycidyl ether, which has the molecular formula C7H14O2
74
Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 7≤n≤10
75
Compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N
76
Methyloxirane, which has the molecular formula C3H6O
77
Ethyloxirane, which has the molecular formula C4H8O
78
Naphthalene, which has the molecular formula C10H8
79
Toluene diisocyanates, which have the molecular formula C9H6N2O2
80
1,2-Benzenediol, which has the molecular formula C6H6O2
81
1,4-Benzenediol, which has the molecular formula C6H6O2
82
Hexane, 1,6-diisocyanato-, homopolymer, reaction products with alpha-fluoro-omega-2-hydroxyethyl-poly(difluoromethylene), C16-20-branched alcohols and 1-octadecanol
83
2-propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, gamma-omega-perfluoro-C10-16-alkyl acrylate and stearyl methacrylate
84
2-propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with butyl 2-propenoate and 2,5-furandione, gamma-omega-perfluoro-C8-14-alkyl esters, tert-Bu benzenecarboperoxoate initiated
85
2-propen-1-ol reaction products with pentafluoroiodoethane tetrafluoroethylene telomer, dehydroiodinated, reaction products with epichlorohydrin and triethylenetetramine
86
Phenol, 4,4′ -(1-methylethylidene)bis-, which has the molecular formula C15H16O2
87
Thiourea, which has the molecular formula CH4N2S
88
1,3-Butadiene, 2-methyl-, which has the molecular formula C5H8
89
Oxirane, (chloromethyl)-, which has the molecular formula C3H5ClO
90
Colour Index Pigment Yellow 34
91
Colour Index Pigment Red 104
92
Cyclotetrasiloxane, octamethyl-, which has the molecular formula C8H24O4Si4
93
Ethanol, 2-methoxy-, acetate, which has the molecular formula C5H10O3
94
1-Propanol, 2-methoxy-, which has the molecular formula C4H10O2
95
2-Naphthalenol, 1-[(4-methyl-2-nitrophenyl)azo]-, which has the molecular formula C17H13N3O3
96
Ethanol, 2-(2-methoxyethoxy)-, which has the molecular formula C5H12O3
97
Sulfuric acid, diethyl ester, which has the molecular formula C4H10O4S
98
Sulfuric acid, dimethyl ester, which has the molecular formula C2H6O4S
99
2-Propenamide, which has the molecular formula C3H5NO
100
Ethanol, 2-chloro-, phosphate (3:1), which has the molecular formula C6H12Cl3O4P
101
Tetrabutyltins, which have the molecular formula (C4H9)4Sn
102
Benzene, (chloromethyl)-, which has the molecular formula C7H7Cl
103
Propane, 2-nitro-, which has the molecular formula C3H7NO2
104
Benzene, 1-methyl-2-nitro-, which has the molecular formula C7H7NO2
105
Methylium, [4-(dimethylamino)phenyl]bis[4-(ethylamino)3-methylphenyl]-, acetate, which has the molecular formula C27H34N3.‍C2H3O2
106
Benzene, 1,2-dimethoxy-4-(2-propenyl)-, which has the molecular formula C11H14O2
107
Vanadium pentoxide, which has the molecular formula V2O5
108
Oxirane, 2,2′,2′′,2′′′-[1,2-ethanediylidenetetrakis(4,1-phenyleneoxymethylene)]tetrakis-, which has the molecular formula C38H38O8
109
Bromic acid, potassium salt, which has the molecular formula KBrO3
110
Hydrazine, which has the molecular formula N2H4
111
Quinoline, which has the molecular formula C9H7N
112
Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its salts
113
Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n is equal to 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom
114
Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8≤n≤20 and their salts
115
Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8≤n≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atom
116
Plastic microbeads that are less than or equal to 5 mm in size
117
The following petroleum and refinery gases:
(a)
tail gas (petroleum), catalytic polymerized naphtha fractionation stabilizer (a complex combination of hydrocarbons — obtained from the fractionation stabilization products that result from the polymerization of naphtha — consisting predominantly of hydrocarbons having carbon numbers in the range of C1 through C4);
(b)
fuel gases (a combination of light gases consisting predominantly of hydrogen or low molecular weight hydrocarbons or both);
(c)
hydrocarbons, C2-C4, C3-rich (a complex combination of hydrocarbons — obtained from a treating process to remove sulphur and other acidic compounds — consisting of hydrocarbons having carbon numbers in the range of C2 through C4, predominantly propane and propene);
(d)
gases (petroleum), butane splitter overhead (a complex combination of hydrocarbons — obtained from the distillation of the butane stream — consisting of aliphatic hydrocarbons having carbon numbers predominantly in the range of C3 through C4);
(e)
gases (petroleum), catalytic cracked gas oil depropanizer bottom, C4-rich acid-free (a complex combination of hydrocarbons — obtained from the fractionation of catalytic cracked gas oil hydrocarbon stream and treated to remove hydrogen sulfide and other acidic components — consisting of hydrocarbons having carbon numbers in the range of C3 through C5, predominantly C4);
(f)
gases (petroleum), catalytic cracked naphtha debutanizer bottom, C3-C5-rich (a complex combination of hydrocarbons — obtained from the stabilization of catalytic cracked naphtha — consisting of aliphatic hydrocarbons having carbon numbers predominantly in the range of C3 through C5);
(g)
gases (petroleum), catalytic cracked naphtha depropanizer overhead, C3-rich acid-free (a complex combination of hydrocarbons — obtained from the fractionation of catalytic cracked hydrocarbons and treated to remove acidic impurities — consisting of hydrocarbons having carbon numbers in the range of C2 through C4, predominantly C3);
(h)
gases (petroleum), catalytic cracker, C1-C5-rich (a complex combination of hydrocarbons — obtained from the distillation of products that result from a catalytic cracking process — consisting of aliphatic hydrocarbons having carbon numbers in the range of C1 through C6, predominantly C1 through C5);
(i)
gases (petroleum), catalytic polymerized naphtha stabilizer overhead, C2-C4-rich (a complex combination of hydrocarbons — obtained from the fractionation stabilization of catalytic polymerized naphtha — consisting of aliphatic hydrocarbons having carbon numbers in the range of C2 through C6, predominantly C2 through C4);
(j)
gases (petroleum), catalytic reformed naphtha stripper overhead (a complex combination of hydrocarbons — obtained from the stabilization of catalytic reformed naphtha — consisting of hydrogen and saturated aliphatic hydrocarbons having carbon numbers predominantly in the range of C1 through C4);
(k)
gases (petroleum), deethanizer overhead (a complex combination of hydrocarbons — obtained from the distillation of the gas and gasoline fractions that result from a catalytic cracking process — consisting predominantly of ethane and ethene);
(l)
gases (petroleum), deisobutanizer tower overhead (a complex combination of hydrocarbons — obtained from the atmospheric distillation of a butane-butene stream — consisting of aliphatic hydrocarbons having carbon numbers predominantly in the range of C3 through C4);
(m)
gases (petroleum), gas concentration reabsorber distillation (a complex combination of hydrocarbons — obtained from the distillation of products from combined gas streams in a gas concentration reabsorber — consisting predominantly of hydrogen, carbon monoxide, carbon dioxide, nitrogen, hydrogen sulfide and hydrocarbons having carbon numbers in the range of C1 through C3);
(n)
gases (petroleum), hydrogen-rich (a complex combination — separated as a gas from hydrocarbon gases by chilling — consisting predominantly of hydrogen with small amounts of carbon monoxide, nitrogen, methane and C2 hydrocarbons);
(o)
gases (petroleum), recycle, hydrogen-rich (a complex combination — obtained from recycled reactor gases — consisting predominantly of hydrogen with small amounts of carbon monoxide, carbon dioxide, nitrogen, hydrogen sulfide and saturated aliphatic hydrocarbons having carbon numbers in the range of C1 through C5);
(p)
gases (petroleum), reformer make-up, hydrogen-rich (a complex combination — obtained from the reformers — consisting predominantly of hydrogen with small amounts of carbon monoxide and aliphatic hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(q)
gases (petroleum), thermal cracking distillation (a complex combination — obtained from the distillation of products that result from a thermal cracking process — consisting of hydrogen, hydrogen sulfide, carbon monoxide, carbon dioxide and hydrocarbons having carbon numbers predominantly in the range of C1 through C6);
(r)
tail gas (petroleum), catalytic cracker refractionation absorber (a complex combination of hydrocarbons — obtained from the refractionation of products that result from a catalytic cracking process — consisting of hydrogen and hydrocarbons having carbon numbers predominantly in the range of C1 through C3);
(s)
tail gas (petroleum), cracked distillate hydrotreater separator (a complex combination of hydrocarbons — obtained by treating cracked distillates with hydrogen in the presence of a catalyst — consisting of hydrogen and saturated aliphatic hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(t)
tail gas (petroleum), saturate gas plant mixed stream, C4-rich (a complex combination of hydrocarbons — obtained from the fractionation stabilization of straight-run naphtha, distillation tail gas and catalytic reformed naphtha stabilizer tail gas — consisting of hydrocarbons having carbon numbers in the range of C3 through C6, predominantly butane and isobutane);
(u)
tail gas (petroleum), vacuum residue thermal cracker (a complex combination of hydrocarbons — obtained from the thermal cracking of vacuum residues — consisting of hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(v)
hydrocarbons, C3-C4-rich, petroleum distillates (a complex combination of hydrocarbons — obtained from the distillation and condensation of crude oil — consisting of hydrocarbons having carbon numbers in the range of C3 through C5, predominantly C3 and C4);
(w)
gases (petroleum), hydrocracking depropanizer off, hydrocarbon-rich (a complex combination of hydrocarbons — obtained from the distillation of products that result from a hydrocracking process — consisting predominantly of hydrocarbons having carbon numbers predominantly in the range of C1 through C4);
(x)
gases (petroleum), light straight-run naphtha stabilizer off (a complex combination of hydrocarbons — obtained from the stabilization of light straight-run naphtha — consisting of saturated aliphatic hydrocarbons having carbon numbers predominantly in the range of C2 through C6);
(y)
gases (petroleum), reformer effluent high-pressure flash drum off (a complex combination — obtained from the high-pressure flashing of the effluent from the reforming reactor — consisting predominantly of hydrogen with small amounts of methane, ethane and propane);
(z)
hydrocarbons, C1-C4 (a complex combination of hydrocarbons — obtained from thermal cracking and absorber operations and from the distillation of crude oil — consisting of hydrocarbons having carbon numbers predominantly in the range of C1 through C4 and boiling in the range of approximately -164°C to -0.‍5°C);
(z.‍1)
hydrocarbons, C1-C4, sweetened (a complex combination of hydrocarbons — obtained by subjecting hydrocarbon gases to a sweetening process to convert mercaptans or to remove acidic impurities — consisting of hydrocarbons having carbon numbers predominantly in the range of C1 through C4 and boiling in the range of approximately -164°C to -0.‍5°C);
(z.‍2)
hydrocarbons, C1-C3 (a complex combination of hydrocarbons having carbon numbers predominantly in the range of C1 through C3 and boiling in the range of approximately -164°C to -42°C);
(z.‍3)
gases (petroleum), C1-C5, wet (a complex combination of hydrocarbons — obtained from the distillation of crude oil or the cracking of tower gas oil or both — consisting of hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(z.‍4)
gases (petroleum), secondary absorber off, fluidized catalytic cracker overhead fractionater (a complex combination — obtained from the fractionation of the overhead products that result from a catalytic cracking process in the fluidized catalytic cracker — consisting of hydrogen, nitrogen and hydrocarbons having carbon numbers predominantly in the range of C1 through C3);
(z.‍5)
gases (petroleum), alkylation feed (a complex combination of hydrocarbons — obtained from the catalytic cracking of gas oil — consisting of hydrocarbons having carbon numbers predominantly in the range of C3 through C4);
(z.‍6)
petroleum products, refinery gases (a complex combination consisting predominantly of hydrogen with small amounts of methane, ethane and propane);
(z.‍7)
gases (petroleum), refinery (a complex combination — obtained from various petroleum refining operations — consisting of hydrogen and hydrocarbons having carbon numbers predominantly in the range of C1 through C3);
(z.‍8)
gases (petroleum), hydrotreated sour kerosine depentanizer stabilizer off (a complex combination — obtained from the depentanizer stabilization of hydrotreated kerosine — consisting predominantly of hydrogen, methane, ethane and propane with small amounts of nitrogen, hydrogen sulfide, carbon monoxide and hydrocarbons having carbon numbers predominantly in the range of C4 through C5);
(z.‍9)
gases (petroleum), crude oil fractionation off (a complex combination of hydrocarbons — obtained from the fractionation of crude oil — consisting of saturated aliphatic hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(z.‍10)
gases (petroleum), fluidized catalytic cracker fractionation off (a complex combination — obtained from the fractionation of the overhead products that result from a fluidized catalytic cracking process — consisting of hydrogen, hydrogen sulfide, nitrogen and hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(z.‍11)
gases (petroleum), heavy distillate hydrotreater desulfurization stripper off (a complex combination — stripped from the liquid product that results from a heavy distillate hydrotreater desulfurization process — consisting of hydrogen, hydrogen sulfide and saturated aliphatic hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(z.‍12)
gases (petroleum), preflash tower off, crude distillation (a complex combination — produced from the first tower used in the distillation of crude oil — consisting of nitrogen and saturated aliphatic hydrocarbons having carbon numbers predominantly in the range of C1 through C5);
(z.‍13)
gases (petroleum), straight-run stabilizer off (a complex combination of hydrocarbons — obtained from the fractionation of the liquid produced from the first tower used in the distillation of crude oil — consisting of saturated aliphatic hydrocarbons having carbon numbers predominantly in the range of C1 through C4);
(z.‍14)
tail gas (petroleum), catalytic hydrodesulfurized naphtha separator (a complex combination of hydrocarbons — obtained from the catalytic hydrodesulfurization of naphtha — consisting of hydrogen, methane, ethane and propane);
(z.‍15)
gases (petroleum), C3-C4 (a complex combination of hydrocarbons — obtained from the distillation of products that result from the cracking of crude oil — consisting of hydrocarbons having carbon numbers in the range of C3 through C4, predominantly propane and propene, and boiling in the range of approximately -51°C to -1°C);
(z.‍16)
gases (petroleum), C3-C4, isobutane-rich (a complex combination of hydrocarbons — obtained from the distillation of saturated and unsaturated hydrocarbons having carbon numbers predominantly in the range of C3 through C6, predominantly butane and isobutane — consisting of saturated and unsaturated hydrocarbons having carbon numbers in the range of C3 through C4, predominantly isobutane);
(z.‍17)
gases (petroleum), C4-rich (a complex combination of hydrocarbons — obtained from the distillation of products that result from a catalytic fractionation process — consisting of aliphatic hydrocarbons having carbon numbers in the range of C3 through C5, predominantly C4);
(z.‍18)
hydrocarbons, C1-C4, debutanizer fraction (a complex combination of hydrocarbons — obtained from a debutanizing process — having carbon numbers in the range of C1 through C4);
(z.‍19)
petroleum gases, liquefied (a complex combination of hydrocarbons — obtained from the distillation of crude oil — consisting of hydrocarbons having carbon numbers predominantly in the range of C3 through C7 and boiling in the range of approximately -40°C to 80°C); and
(z.‍20)
petroleum gases, liquefied, sweetened (a complex combination of hydrocarbons — obtained by subjecting liquefied petroleum gases to a sweetening process to convert mercaptans or to remove acidic impurities — consisting of hydrocarbons having carbon numbers predominantly in the range of C3 through C7 and boiling in the range of approximately -40°C to 80°C).
118
Hexanedioic acid, bis(2-ethylhexyl) ester, which has the molecular formula C22H42O4
119
2-Naphthalenol, 1-[[4-(phenylazo)phenyl]azo]-, which has the molecular formula C22H16N4O
120
Fuel Oil No. 2
121
Natural gas condensates (a complex combination of hydrocarbons primarily in the carbon range of C5 to C15 that are condensed during production at a well head, in a natural gas processing plant, natural gas pipeline or straddle plant), including any of their liquid distillates that are primarily in the carbon range of C5 to C15
122
Phenol, 5-chloro-2-(2,4-dichlorophenoxy)-, which has the molecular formula C12H7Cl3O2
123
Acetamide, N-[4-[(2-hydroxy-5-methylphenyl)azo]phenyl]-, which has the molecular formula C15H15N3O2
124
Cobalt and soluble cobalt compounds
125
N,N′-mixed phenyl and tolyl derivatives of 1,4-benzenediamine
126
Benzene, 1,1′-methylenebis[4-isocyanato-, which has the molecular formula C15H10N2O2
127
Benzene, 1,1′-methylenebis[2-isocyanato-, which has the molecular formula C15H10N2O2
128
Benzene, 1-isocyanato-2-[(4-isocyanatophenyl)methyl]-, which has the molecular formula C15H10N2O2
129
Benzene, 1,1′-methylenebis[isocyanato- (non-isomeric-specific), which has the molecular formula C15H10N2O2
130
Isocyanic acid, polymethylenepolyphenylene ester, which has the molecular formula C15H10N2O2•[C8H5NO]n in which 0≤n≤4



explanatory notes

Canadian Environmental Protection Act, 1999
Clause 2: (1)New.
(2)Existing text of the third paragraph of the preamble:
Whereas the Government of Canada acknowledges the need to virtually eliminate the most persistent and bioaccumulative toxic substances and the need to control and manage pollutants and wastes if their release into the environment cannot be prevented;
(3)New.
(4)New.
(5)New.
(6)Existing text of the 13th paragraph of the preamble:
Whereas the Government of Canada will endeavour to remove threats to biological diversity through pollution prevention, the control and management of the risk of any adverse effects of the use and release of toxic substances, pollutants and wastes, and the virtual elimination of persistent and bioaccumulative toxic substances;
Clause 3: (1) and (2)Relevant portion of subsection 2(1):
2(1)In the administration of this Act, the Government of Canada shall, having regard to the Constitution and laws of Canada and subject to subsection (1.‍1),
(a)exercise its powers in a manner that protects the environment and human health, applies the precautionary principle that, where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation, and promotes and reinforces enforceable pollution prevention approaches;
Clause 4:(1) Relevant portion of the definition:
substance means any distinguishable kind of organic or inorganic matter, whether animate or inanimate, and includes
.‍.‍. 
and, except for the purposes of sections 66, 80 to 89 and 104 to 115, includes
(2)New.
Clause 5:New.
Clause 6:Existing text of section 15:
15The rights conferred by this Part are in addition to the right to request the addition of a substance to the Priority Substance List, the right to file a notice of objection under Parts 1, 5, 7 and 11 and the right to request under Parts 5, 7 and 11 that a board of review be established under section 333.
Clause 7:New.
Clause 8: (1)Relevant portion of section 45:
45The Minister of Health shall
(a)conduct research and studies relating to the role of substances in illnesses or in health problems;
(2)New.
Clause 9:Relevant portion of subsection 46(1):
46(1)The Minister may, for the purpose of conducting research, creating an inventory of data, formulating objectives and codes of practice, issuing guidelines or assessing or reporting on the state of the environment, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person described in the notice to provide the Minister with any information that may be in the possession of that person or to which the person may reasonably be expected to have access, including information regarding the following:
(a)substances on the Priority Substances List;
Clause 10: (1)Existing text of subsection 56(1):
56(1)The Minister may, at any time, 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 to prepare and implement a pollution prevention plan in respect of a substance or group of substances specified on the List of Toxic Substances in Schedule 1, or to which subsection 166(1) or 176(1) applies.
(2)Relevant portion of subsection 56(2):
(2)The notice may specify
(a)the substance or group of substances in relation to which the plan is to be prepared;
Clause 11:Existing text of subsection 60(1):
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.
Clause 12:Existing text of sections 65 and 65.‍1:
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).
(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.
(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 environmental or health risks and any other relevant social, economic or technical matters.
65.‍1In 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.
Clause 13: (1)Relevant portion of subsection 66(1):
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,
(2)Relevant portion of subsection 66(2):
(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
(a)the substances referred to in subsection (1); and
Clause 14:New.
Clause 15: (1) and (2)Relevant portion of subsection 67(1):
67(1)The Governor in Council may, on the recommendation of the Ministers, make regulations
(a)respecting a property or characteristic of a substance, including, without limiting the generality of the foregoing, persistence and bioaccumulation;
Clause 16:Relevant portion of section 68:
68For 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
(a)collect or generate data and conduct investigations respecting any matter in relation to a substance, including, without limiting the generality of the foregoing,
.‍.‍. 
(v)the ability of the substance to cause delayed or latent effects over the lifetime of an organism,
(vi)the ability of the substance to cause reproductive or survival impairment of an organism,
.‍.‍. 
(xii)the development and use of alternatives to the substance,
.‍.‍. 
.‍.‍. 
(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.
Clause 17: (1) and (2)Existing text of subsections 69(2.‍1) and (3):
(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).
(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.
Clause 18: (1) and (2)Relevant portion of subsection 71(1):
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,
(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;
.‍.‍. 
(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.
(3) to (5)Relevant portion of subsection 71(2):
(2)A notice sent under paragraph (1)‍(b) may require any information and samples, including
(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
(6)New.
(7)Existing text of subsection 71(4):
(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.
Clause 19:Existing text of sections 72 to 74:
72The 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.
Priority Substances and Other Substances
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,
(a)may present, to individuals in Canada, the greatest potential for exposure; or
(b)are persistent or bioaccumulative in accordance with the regulations, and inherently toxic to human beings or to non-human organisms, as determined by laboratory or other studies.
(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.
(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.
74The 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
(a)the Ministers identify a substance on the Domestic Substances List to be a substance described in paragraph 73(1)‍(a) or (b); or
(b)the substance has been added to the Domestic Substances List under section 105.
Clause 20:Existing text of sections 76 and 76.‍1:
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.
(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.
(2.‍1)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.
(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.
(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.
(5)The Ministers may amend the Priority Substances List
(a)by adding a substance to the List where the Ministers are satisfied on the basis of a determination made as a result of a screening assessment conducted under section 74, the review of a decision of another jurisdiction under subsection 75(3), consultation under subsection (2) or a request made under subsection (3) or for any other reason that priority should be given in assessing whether the substance is toxic or capable of becoming toxic; and
(b)by deleting a substance from the List where the Ministers have determined whether the substance is toxic or capable of becoming toxic.
(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.
76.‍1When the Ministers are conducting and interpreting the results of
(a)a screening assessment under section 74,
(b)a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, or
(c)an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,
the Ministers shall apply a weight of evidence approach and the precautionary principle.
Clause 21: (1)Existing text of subsections 77(1) to (4):
77(1)Where the Ministers have conducted
(a)a screening assessment under section 74,
(b)a review of a decision of another jurisdiction under subsection 75(3) that, in their opinion, is based on scientific considerations and is relevant to Canada, or
(c)an assessment whether a substance specified on the Priority Substances List is toxic or capable of becoming toxic,
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.
(2)Subject to subsection (3), for the purposes of subsection (1), the Ministers shall propose one of the following measures:
(a)taking no further action in respect of the substance;
(b)unless the substance is already on the Priority Substances List, adding the substance to the Priority Substances List; or
(c)recommending that the substance be added to the List of Toxic Substances in Schedule 1 and, where applicable under subsection (4), the implementation of virtual elimination under subsection 65(3).
(3)Where, based on a screening assessment conducted under section 74, the substance is determined to be toxic or capable of becoming toxic, and the Ministers are satisfied that
(a)the substance may have a long-term harmful effect on the environment and is
(i)persistent and bioaccumulative in accordance with the regulations, and
(ii)inherently toxic to human beings or non-human organisms, as determined by laboratory or other studies, and
(b)the presence of the substance in the environment results primarily from human activity,
the Ministers shall propose to take the measure referred to in paragraph (2)‍(c).
(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
(a)the substance is persistent and bioaccumulative in accordance with the regulations,
(b)the presence of the substance in the environment results primarily from human activity, and
(c)the substance is not a naturally occurring radionuclide or a naturally occurring inorganic substance,
the Ministers shall propose the implementation of virtual elimination under subsection 65(3) of the substance.
(2)Existing text of subsections 77(6) to (8):
(6)After taking into consideration in an expeditious manner the comments filed under subsection (5), the Ministers shall publish in the Canada Gazette
(a)a summary of the screening assessment conducted under section 74, of the review of a decision of another jurisdiction under subsection 75(3) or of a report of the assessment of substances specified on the Priority Substances List, as the case may be;
(b)a statement indicating the measure that the Ministers propose to take; and
(c)where the measure is that referred to in paragraph (2)‍(c), a statement indicating the manner in which the Ministers intend to develop a proposed regulation or instrument respecting preventive or control actions in relation to the substance.
(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.
(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.
(3)Existing text of subsection 77(9):
(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.
Clause 22:Existing text of sections 78 and 79:
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.
(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
(a)that the period of five years referred to in subsection (1) is suspended and the duration of the suspension; and
(b)the new or additional information that is required to assess whether the substance is toxic or capable of becoming toxic, unless another provision of this Part requires the submission of the new or additional information.
(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
(a)the expiry of the period determined by the Ministers, notice of which is given in the Canada Gazette, and
(b)the time when the required information becomes available to the Ministers.
(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.
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 the implementation of virtual elimination under subsection 65(3) 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.
(2)Every person who is required to prepare and submit a plan under subsection (1)
(a)shall include in it a description of the proposed actions in respect of the implementation of virtual elimination under subsection 65(3) of the substance in relation to the work, undertaking or activity of the person and the period within which the proposed actions are to be completed; and
(b)may include in it relevant information respecting measurable quantities or concentrations of the substance, environmental or health risks and social, economic or technical matters.
(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.
(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.
Clause 23:Existing text of subsection 84(4):
(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.
Clause 24:Existing text of subsections 85(2) and (3):
(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.
(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.
Clause 25:New.
Clause 26:Existing text of subsections 87(3) and (4):
(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.
(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.
Clause 27:New.
Clause 28:Relevant portion of subsection 89(1):
89(1)The Governor in Council may, on the recommendation of the Ministers, make regulations
.‍.‍. 
(k)generally for carrying out the purposes and provisions of sections 66 and 80 to 88.
Clause 29:Existing text of subsections 90(1) to (2):
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.
(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.
(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
(a)deleting the substance from the List and deleting the type of regulations specified in the List as being applicable with respect to the substance; and
(b)repealing the regulations made under section 93 with respect to the substance.
Clause 30:Existing text of subsections 91(1) to (5):
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.
(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 the implementation of virtual elimination under subsection 65(3) shall specify the dates on which the preventive or control actions are to take effect.
(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).
(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 the implementation of virtual elimination under subsection 65(3) and summarizing their reasons for so intending.
(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 (4), the Ministers shall take into consideration any factor or information that, in the opinion of the Ministers, is relevant, including
(a)information contained in plans referred to in section 79; and
(b)environmental or health risks identified in the summary published under subsection 77(6) and any other relevant social, economic or technical matters.
Clause 31:Existing text of subsection 92(1):
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.
Clause 32:Existing text of section 92.‍1:
92.‍1For 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.
Clause 33: (1) to (6)Relevant portion of subsection 93(1):
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,
.‍.‍. 
(f)the purposes for which the substance or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;
(g)the manner in which and conditions under which the substance or a product containing it may be imported, manufactured, processed or used;
.‍.‍. 
(i)the quantities or concentrations of the substance that may be imported;
.‍.‍. 
(l)the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing it;
(m)the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;
(n)the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, offered for sale or sold in Canada;
(o)the manner in which, conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;
(p)the manner in which and conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;
(q)the packaging and labelling of the substance or a product containing it;
(r)the manner, conditions, places and method of disposal of the substance or a product containing it, including standards for the construction, maintenance and inspection of disposal sites;
(s)the submission to the Minister, on request or at any prescribed times, of information relating to the substance;
.‍.‍. 
(u)the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;
(v)the submission of samples of the substance to the Minister;
(w)the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;
(7)Existing text of subsection 93(5):
(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.
Clause 34: (1)Existing text of subsection 94(1):
94(1)Where
(a)a substance
(i)is not specified on the List of Toxic Substances in Schedule 1 and the Ministers believe that it is toxic or capable of becoming toxic, or
(ii)is specified on that List and the Ministers believe that it is not adequately regulated, and
(b)the Ministers believe that immediate action is required to deal with a significant danger to the environment or to human life or health,
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).
(2)Relevant portion of subsection 94(5):
(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
.‍.‍. 
(b)if the order was made in respect of a substance that was not specified on the List of Toxic Substances in Schedule 1, that the substance be added to that List under section 90.
Clause 35: (1)Relevant portion of subsection 95(1):
95(1)Where there occurs or is a likelihood of a release into the environment of a substance specified on the List of Toxic Substances in Schedule 1 in contravention of a regulation made under section 92.‍1 or 93 or an order made under section 94, any person described in subsection (2) shall, as soon as possible in the circumstances,
(2)Existing text of subsection 95(3):
(3)Where there occurs a release of a substance as described in subsection (1), any person, other than a person described in subsection (2), whose property is affected by the release and who knows that it is a substance specified on the List of Toxic Substances in Schedule 1 shall, as soon as possible in the circumstances and subject to subsection (4), report the matter to an enforcement officer or to any person that is designated by regulation.
Clause 36:Existing text of subsection 96(1):
96(1)Where a person has knowledge of the occurrence or likelihood of a release into the environment of a substance specified on the List of Toxic Substances in Schedule 1, but the person is not required to report the matter under this Act, the person may report any information relating to the release or likely release to an enforcement officer or to any person to whom a report may be made under section 95.
Clause 37:Relevant portion of section 99:
99Where, in respect of a substance or a product containing a substance, there is a contravention of this Part or any regulation made under this Part, the Minister may, in writing,
Clause 38:Relevant portion of subsection 105(1):
105(1)The Minister shall, for the purposes of sections 74 and 106, add to the Domestic Substances List maintained under section 66 any living organism if the Minister is satisfied that, between January 1, 1984 and December 31, 1986, the living organism
Clause 39:New.
Clause 40:Existing text of subsection 109(4):
(4)Any prohibition on the manufacture or import of a living organism 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 114 in respect of the living organism, in which case the prohibition expires on the day the regulations come into force.
Clause 41:Existing text of subsections 110(2) and (3):
(2)The Minister may, by notice published in the Canada Gazette, vary the significant new activities in relation to a living organism in respect of which a notice has been given under subsection (1) or indicate that subsection 106(4) no longer applies with respect to that living organism.
(3)A notice referred to in subsection (1) or (2) shall indicate, by inclusion or exclusion, the significant new activities in relation to the living organism in respect of which subsection 106(4) is to apply, and where regulations in respect of those significant new activities are not made under paragraphs 114(1)‍(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 108.
Clause 42:New.
Clause 43:Existing text of subsections 112(3) and (4):
(3)Where a living organism 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 living organism to indicate that subsection 106(3) applies with respect to the living organism or that it no longer applies or by varying the significant new activities in relation to the living organism in respect of which subsection 106(3) is to apply.
(4)An amendment referred to in subsection (3) shall indicate, by inclusion or exclusion, the significant new activities in relation to the living organism in respect of which subsection 106(3) is to apply, and where regulations in respect of those significant new activities are not made under paragraphs 114(1)‍(c), (d) and (g), specify the information to be provided to the Minister under that subsection, the date on or before which it is to be provided and the period within which it is to be assessed under section 108.
Clause 44:New.
Clause 45:Relevant portion of subsection 199(1):
199(1)The Minister may at any time 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 to prepare and implement an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency in respect of
(a)a substance or group of substances on the List of Toxic Substances in Schedule 1; or
(b)a substance or group of substances in relation to which there has been published in the Canada Gazette
(i)a statement of the Ministers 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, or
(ii)a copy of an order proposed to be made under subsection 90(1).
Clause 46: (1) to (5)Relevant portion of subsection 209(2):
(2)Regulations with respect to any substance may provide for, or impose requirements respecting,
.‍.‍. 
(f)the purposes for which the substance or a product containing it may be imported, manufactured, processed, used, offered for sale or sold;
(g)the manner in which and the conditions under which the substance or a product containing it may be imported, manufactured, processed or used;
.‍.‍. 
(i)the quantities or concentrations of the substance that may be imported;
.‍.‍. 
(l)the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance or a product containing the substance and the total, partial or conditional prohibition of the import or export of a product that is intended to contain the substance;
(m)the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, sold or offered for sale in Canada;
(n)the manner in which, the conditions under which and the purposes for which the substance or a product containing it may be advertised or offered for sale;
(o)the manner in which and the conditions under which the substance or a product containing it may be stored, displayed, handled, transported or offered for transport;
(p)the packaging and labelling of the substance or a product containing it;
(q)the manner, conditions, places and method of disposal or recycling of the substance or a product containing it, including standards for the construction, maintenance and inspection of disposal or recycling sites;
(r)the submission to the Minister, on request or at any times that are prescribed, of information relating to the substance;
.‍.‍. 
(t)the conduct of sampling, analyses, tests, measurements or monitoring of the substance and the submission of the results to the Minister;
(u)the submission of samples of the substance to the Minister;
(v)the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance;
(6)New.
Clause 47:Relevant portion of subsection 218(1):
218(1)Subject to subsection (2), for the purposes of this Act and the regulations, an enforcement officer may, at any reasonable time, enter and inspect any place if the enforcement officer has reasonable grounds to believe that
(a)there can be found in the place a substance to which this Act applies or a product containing such a substance;
Clause 48: (1) and (2)Relevant portion of subsection 235(2):
(2)For the purposes of subsection (1), the circumstances in which the alleged contravention has been or will be committed are as follows, namely,
(a)the exportation, importation, manufacture, transportation, processing or distribution of a substance or product containing a substance;
(b)the possession, storage, use, sale, offering for sale, advertisement or disposal of a substance or product containing a substance;
(c)the use of a substance or product containing a substance in a commercial manufacturing or processing activity; or
(3)Relevant portion of subsection 235(3):
(3)Subsection (1) applies to any person who
(a)owns or has the charge, management or control of the substance or any product containing the substance to which the alleged contravention relates or the property on which the substance or product is located;
Clause 49:Relevant portion of subsection 272(1):
272(1)Every person commits an offence who
.‍.‍. 
(b)fails to comply with an obligation set out in section 70, 86, 95 or 111, subsection 169(1), 172(1), 179(1), 182(1), 201(1) or 212(1);
.‍.‍. 
(d)contravenes a condition of a permission granted under paragraph 84(1)‍(a) or 109(1)‍(a);
Clause 50:Existing text of section 313:
313(1)A person who provides information to the Minister under this Act, or to a board of review in respect of a notice of objection filed under this Act, may submit with the information a request that it be treated as confidential.
(2)A request under subsection (1) shall be submitted in writing and contain any supplementary information that may be prescribed.
Clause 51:Existing text of section 314:
314The Minister shall not disclose any information in respect of which a request for confidentiality has been made under section 313, except in accordance with section 315, 316 or 317.
Clause 52: (1) and (2)Relevant portion of subsection 316(1):
316(1)Information may be disclosed
.‍.‍. 
(c)under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, where
.‍.‍. 
(ii)the government, international organization, institution or other minister undertakes to keep the information confidential;
Clause 53:New.
Clause 54:New.
Clause 55:Existing text of subsections 330(3) and (3.‍1):
(3)Except as provided in subsection (3.‍1), a regulation under this Act applies throughout Canada.
(3.‍1)A regulation made under section 93, 140, 167 or 177 may be made applicable in only a part or parts of Canada in order to protect the environment or its biological diversity or human health.
Clause 56:Existing text of subsections 332(1) and (2):
332(1)The Minister shall publish in the Canada Gazette a copy of every order or regulation proposed to be made by the Minister or the Governor in Council under this Act, except a list, or an amendment to a list, referred to in section 66, 87, 105 or 112 or an interim order made under section 94, 163, 173, 183 or 200.‍1.
(2)Within 60 days after the publication of a proposed order or regulation in the Canada Gazette under subsection (1) or a proposed instrument respecting preventive or control actions in relation to a substance that is required by section 91 to be published in the Canada Gazette, any person may file with the Minister comments with respect to the order, regulation or instrument or a notice of objection requesting that a board of review be established under section 333 and stating the reasons for the objection.
Clause 57: (1)Existing text of subsection 333(1):
333(1)Where a person files a notice of objection under subsection 77(8) or 332(2) in respect of
(a)a decision or a proposed order, regulation or instrument made by the Governor in Council, or
(b)a decision or a proposed order or instrument made by either or both Ministers,
the Minister or the Ministers may establish a board of review to inquire into the nature and extent of the danger posed by the substance in respect of which the decision is made or the order, regulation or instrument is proposed.
(2)Existing text of subsection 333(6):
(6)Where a person files with the Minister a notice of objection under section 78 in respect of the failure to make a determination about whether a substance is toxic, the Minister shall establish a board of review to inquire into whether the substance is toxic or capable of becoming toxic.
Food and Drugs Act
Clause 64:New.
Clause 65:New.
Clause 66:Existing text of section 21.‍4:
21.‍4(1)For greater certainty, orders made under any of sections 21.‍1 to 21.‍32 are not statutory instruments within the meaning of the Statutory Instruments Act.
(2)The Minister shall ensure that any order made under any of sections 21.‍1 to 21.‍32 is publicly available.
Clause 67: (1) to (5)Relevant portion of subsection 30(1):
30(1)The Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, and, in particular, but without restricting the generality of the foregoing, may make regulations
.‍.‍. 
(e)respecting the method of manufacture, preparation, preserving, packing, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer;
.‍.‍. 
(l.‍1)respecting the assessment of the effect on the environment or on human life and health of the release into the environment of any food, drug, cosmetic or device, and the measures to take before importing or selling any such food, drug, cosmetic or device;
(6)New.
(7) to (9)Relevant portion of subsection 30(1.‍2):
(1.‍2)Without limiting the power conferred by any other subsection of this section, the Governor in Council may make regulations
.‍.‍. 
(e)respecting modifications of labels and modifications and replacements of packages referred to in section 21.‍2;
.‍.‍. 
(f.‍3)respecting the compilation of information, the conducting of tests and studies and the monitoring of experience that are referred to in paragraph 21.‍32(a), and the provision to the Minister of the information or results referred to in paragraph 21.‍32(b);

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