Bill C-74

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First Reading

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	(a) the substance is persistent and bioaccu mulative within the meaning of the regula tions,
	(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 substance,
	the Ministers shall propose virtual elimination of the substance under this Act.
Scientific consultation	(5) Any person may, within 60 days after publication of the statement referred to in subsection (1), file with the Minister written comments on the measure the Ministers propose to take and the scientific consider ations on the basis of which the measure is proposed.
Publication of final decision	(6) After taking into consideration in an expeditious manner the comments filed pur suant to 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; and
	(b) a statement indicating
	(i) that the Ministers are confirming or amending their proposal to take the measure that was indicated in the state ment published under subsection (1),
	(ii) the measure as so confirmed or amended, as the case may be, and
	(iii) where their proposal was to take the measure referred to in paragraph (2)(c) in respect of a substance, the manner in which the Ministers intend to develop a proposed regulation or instrument re specting preventive or control actions in relation to the substance.
Report of assessment	(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 assess ment of the substance available to the public.
Notice of objection	(8) Where the Ministers make an assess ment whether a substance specified on the Priority Substances List is toxic or is capable of becoming toxic and decide not to recom mend that the substance be added to the List of Toxic Substances in Schedule I, 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.
Recommenda- tion to Governor in Council	(9) Where the Ministers publish a statement under paragraph (6)(b) indicating that the measure that they propose to take, as con firmed or amended, is a recommendation that the substance be added to the List of Toxic Substances in Schedule I, they shall, within 60 days, make a recommendation for an order under subsection 90(1).
Notice of objection	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 deter mined 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 estab lished under section 333.
Notice of suspension of five year period	(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 in formation.
Contents of notice	(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 expiration of the period of time determined by the Ministers and notice of which is given in the Canada Gazette, and
	(b) the time when the required information becomes available to the Ministers.
Notice of objection after a suspension	(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 suspen sion 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.
Plans required for virtual elimination	79. (1) Where the Minister publishes in the Canada Gazette pursuant to subsection 77(6) a statement indicating that the proposed measure, as confirmed or amended, is virtual elimination in respect of a substance, the Minister shall, in that statement require any person who is described in the statement 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.
Content of plan	(2) Every person required to prepare and submit a plan referred to in subsection (1)
	(a) shall include in the plan a description of the proposed actions in respect of virtual elimination of the substance in relation to the work, undertaking or activity of that person and the period of time within which those proposed actions are to be completed; and
	(b) may include in the plan relevant in formation respecting measurable quantities or concentrations of the substance, environ mental or health risks and social, economic or technical matters.
Compliance with statement	(3) Every person to whom a statement referred to in subsection (1) is directed shall comply with the statement within the time specified in the statement.
	Substances and Activities New to Canada
Definitions	80. The definitions in this section apply in sections 81 to 89.
``significant new activity'' « nouvelle activité »	``significant new activity'' includes, in respect of a substance, any activity that results in or may result in
	(a) the entry or release of the substance into the environment in a quantity or concentration that, in the Ministers' opinion, is significantly greater than the quantity or concentration of the sub stance that previously entered or was released into the environment; or
	(b) the entry or release of the substance into the environment or the exposure or potential exposure of the environment to the substance in a manner and circum stances that, in the Ministers' opinion, are significantly different from the man ner and circumstances in which the substance previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the substance.
``substance'' « substance »	``substance'' means a substance other than a living organism within the meaning of Part VI.
Manufacture or import of substances	81. (1) Where a substance is not specified on the Domestic Substances List and subsec tion (2) does not apply, no person shall manufacture or import the substance unless
	(a) the prescribed information with respect to the substance has been provided by the person to the Minister accompanied by the prescribed fee, on or before the prescribed date; and
	(b) the period for assessing the information under section 83 has expired.
Transitional provisions	(2) Where a person has, between January 1, 1987 and June 30, 1994, manufactured or imported a substance that is not specified on the Domestic Substances List, no person shall manufacture or import the substance after June 30, 1994 unless, within 180 days after that date or on or before the prescribed date, the prescribed information has been provided to the Minister with respect to the substance by that person.
Notification of significant new activity in respect of substance on List	(3) Where a substance is specified on the Domestic Substances List with an indication that this subsection applies with respect to the substance, no person shall use, manufacture or import the substance for a significant new activity that is indicated on the List with respect to the substance, unless
	(a) the person has provided the Minister with the information, on or before the date, that is specified by the Minister or pre scribed, accompanied by the prescribed fee; and
	(b) the period for assessing the information specified by the Minister or provided under section 83 has expired.
Notification of significant new activity in respect of substance not on List	(4) Where a substance is not specified on the Domestic Substances List and the Minister publishes a notice in the Canada Gazette indicating that this subsection applies with respect to the substance, no person shall use the substance for a significant new activity that is indicated in the notice, unless
	(a) the person has provided the Minister with the information, on or before the date, that is specified by the Minister or pre scribed, accompanied by the prescribed fee; and
	(b) the period for assessing the information specified by the Minister or provided under section 83 has expired.
Transfer of rights in respect of substance	(5) Where prescribed information with respect to a substance has been provided pursuant to subsection (1), (2), (3) or (4) by a person who subsequently transfers the right or privilege in relation to the substance for which the information was provided, the information is, subject to any conditions that may be prescribed, deemed to have been provided by the transferee of that right or privilege.
Application	(6) Subsections (1), (2), (3) and (4) do not apply in respect of
	(a) a substance that is manufactured or imported for a use that is regulated under any other Act of Parliament that provides for notice to be given prior to the manufac ture, import or sale of the substance and for an assessment of whether it is toxic;
	(b) transient reaction intermediates that are not isolated and are not likely to be released into the environment;
	(c) impurities, contaminants and partially unreacted materials the formation of which is related to the preparation of a substance;
	(d) substances produced when a substance undergoes a chemical reaction that is inci dental to the use to which the substance is put or that results from storage or from environmental factors; or
	(e) a substance that is manufactured, used or imported in a quantity that does not exceed the maximum quantity prescribed as ex empt from this section.
Determina- tion for listing on Schedule V	(7) For the purposes of the administration of this section, the Minister responsible for the administration of another Act of Parliament referred to in paragraph (6)(a) is responsible for determining that the requirements referred to in that paragraph are met.
Schedule of Acts	(8) An Act of Parliament or any regulations listed in Schedule II have been determined by the Minister responsible for the administration of that Act to meet the requirements referred to in paragraph (6)(a).
Governor in Council power to amend Schedule	(9) Where the Minister responsible for the administration of another Act of Parliament referred to in paragraph (6)(a) has determined that the requirements referred to in that paragraph are met or are no longer met by or under that other Act, the Governor in Council may, on the recommendation made by the responsible Minister after consulting the Min ister, by order, add the name of that other Act or any regulations made under that Act to Schedule II or delete the name, as the case may be.
Waiver of information requirements	(10) On the request of any person to whom subsection (1), (2), (3) or (4) applies, the Minister may waive any of the requirements to provide information pursuant to that subsec tion if
	(a) in the opinion of the Ministers, the information is not needed in order to determine whether the substance is toxic;
	(b) the substance is to be used for a prescribed purpose or manufactured at a location where, in the opinion of the Ministers, the person requesting the waiver is able to contain the substance so as to satisfactorily protect the environment and human health; or
	(c) it is not, in the opinion of the Ministers, practicable or feasible to obtain the test data necessary to generate the information.
Publication of notice of waiver	(11) The Minister shall publish in the Canada Gazette a notice stating the name of any person to whom a waiver is granted and the type of information to which it relates.
Compliance with waiver	(12) Where the Minister waives any of the requirements for information pursuant to paragraph (10)(b), the person to whom the waiver is granted shall not use, manufacture or import the substance unless it is for the purpose prescribed pursuant to regulations made under paragraph 89(1)(f) or at the location specified in the request for the waiver, as the case may be.
Correction of information	(13) A person who has provided informa tion under this section, including for the purposes of a request for a waiver under subsection (10), or under section 82 or 84 shall notify the Minister of any corrections to the information as soon as possible after learning of them.
Request for information previously waived	(14) Where the Minister is notified of any corrections to information that was provided for the purposes of a request for a waiver under subsection (10), the Minister may, after con sideration by the Ministers of those correc tions, require the person to whom the waiver was granted to provide the Minister with the information to which the waiver related within the time specified by the Minister.
Application of section 84	(15) Where the Ministers, after considering the information provided under subsection (14), suspect that a substance is toxic, the Minister may exercise any of the powers referred to in paragraphs 84(1)(a) to (c).
Notification of excess quantity	(16) Where a person manufactures or imports a substance in accordance with this section in excess of any quantity referred to in paragraph 87(1)(b), the person shall, within 30 days after the quantity is exceeded, notify the Minister that it has been exceeded.
Prohibition of activity	82. (1) Where the Minister has reasonable grounds to believe that a person has used, manufactured or imported a substance in contravention of subsection 81(1), (3) or (4), the Minister may, in writing, require the person to provide the information referred to in that subsection and prohibit any activity involving the substance until the expiration of the period for assessing the information under section 83.
Prohibition of activity	(2) Where the Minister has reasonable grounds to believe that a person has manufac tured or imported a substance in contravention of subsection 81(2), the Minister may, in writing, prohibit any activity involving the substance until the prescribed information is provided to the Minister.
Waiver of information requirements	(3) On the request of any person required under subsection (1) or (2) to provide informa tion, the Minister may waive any of the requirements for prescribed information if one of the conditions specified in paragraphs 81(10)(a) to (c) is met and, in that case, subsections 81(11) to (15) apply with respect to the waiver.
Assessment of information	83. (1) Subject to subsection (4), the Ministers shall, within the prescribed assess ment period, assess information provided under subsection 81(1), (3) or (4) or paragraph 84(1)(c) or otherwise available to them in respect of a substance in order to determine whether it is toxic.
Assessment of information	(2) Subject to subsections (3) and (4), the Ministers shall assess information provided under subsection 82(1) or otherwise available to them in respect of a substance in order to determine whether it is toxic.
Time for assessment	(3) An assessment of information under subsection (2) shall be made following the date on which the information is provided within a period that does not exceed the number of days in the prescribed assessment period.
Extension of assessment period	(4) Where the Ministers are of the opinion that further time is necessary to assess any information, the Minister may, before the expiration of the assessment period referred to in subsection (1) or (3), extend the period for assessing the information, but the extension shall not exceed the number of days in the prescribed assessment period.
Notification of extension	(5) Where the Minister extends the period for assessing information, the Minister shall, before the expiration of the assessment period referred to in subsection (1) or (3), notify the person who provided the information.
Termination of period	(6) The Minister may, before the expiration of the assessment period referred to in subsec tion (1) or (3), terminate the period for assessing information and, immediately be fore doing so, shall notify the person who provided the information.
Action to be taken after assessment	84. (1) Where the Ministers have assessed any information under section 83 and they suspect that a substance is toxic, the Minister may, before the expiration of the period for assessing the information,
	(a) permit any person to manufacture or import the substance, subject to such condi tions as the Ministers may specify;
	(b) prohibit any person from manufacturing or importing the substance; or
	(c) request any person to provide such additional information or submit the results of such testing as the Ministers consider necessary for the purpose of assessing whether the substance is toxic.
Additional information or testing	(2) Where the Minister requests additional information or test results under paragraph (1)(c), the person to whom the request is directed shall not manufacture or import the substance unless
	(a) the person provides the additional information or submits the test results; and
	(b) the period for assessing information under section 83 has expired or a period of 90 days after the additional information or test results were provided has expired, whichever is the later.
Variation of conditions and prohibitions	(3) The Minister may vary or rescind a condition or prohibition specified or imposed under paragraph (1)(a) or (b).

Bill C-74

Substances and Activities New to Canada