Bill C-74
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| Expiration of
prohibition
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(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 expiration 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 on which the regulations
come into force.
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| Publication of
conditions
and
prohibitions
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(5) Where the Minister specifies, imposes,
varies or rescinds any condition for or prohibi
tion on the manufacture or importation of a
substance, the Minister shall publish in the
Canada Gazette a notice setting out the
condition or prohibition and the substance in
respect of which it applies.
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| Significant
new activity
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85. (1) Where the Ministers have assessed
any information under section 83 in respect of
a substance not on the Domestic Substances
List and they suspect that a significant new
activity in relation to the substance may result
in that substance becoming toxic, before the
expiration of the period for assessing the
information, the Ministers may publish in the
Canada Gazette, and either Minister may
publish in any other manner that that Minister
considers appropriate, a notice indicating that
subsection 81(4) applies with respect to the
substance.
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| Variation or
revocation
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(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 subsec
tion (1) or indicate that subsection 81(4) no
longer applies with respect to that substance.
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| Contents of
notice
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(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 where 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
pursuant to that subsection, the date within
which it is to be provided and the period within
which it is to be assessed under section 83.
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| Notification
of persons
required to
comply
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86. Where a notice is published in the
Canada Gazette under subsection 85(1) in
respect of a 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 subsection 81(4).
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| Amendment
of Lists
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87. (1) The Minister shall add a substance to
the Domestic Substances List and, if it appears
on the Non-domestic Substances List, delete
it from that List where
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| Amendment
of Lists
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(2) Where the Minister adds a substance to
the Domestic Substances List and subsequent
ly learns that the substance was not manufac
tured or imported as described in subsection
(1), the Minister shall delete the substance
from the Domestic Substances List and, if it
has been deleted from the Non-domestic
Substances List, the Minister shall add it to
that List.
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| Significant
new activity
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(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.
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| Contents of
amendment
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(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 where 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
pursuant to that subsection, the date within
which it is to be provided and the period within
which it is to be assessed under section 83.
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| Publication of
masked name
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88. Where the publication under this Part of
the explicit chemical or biological name of a
substance would result in the release of
confidential business information in con
travention of section 314, the substance shall
be identified by a name determined in the
prescribed manner.
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| Regulations
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89. (1) The Governor in Council may, on the
recommendation of the Ministers, make regu
lations
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| Prescribed
assessment
period
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(2) For the purposes of sections 81 and 83,
where no assessment period is prescribed or
specified with respect to a substance, the
prescribed assessment period is ninety days
after the Minister is provided with the pre
scribed information.
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| Prescription
of quantities
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(3) Regulations made under paragraph
(1)(b) or (i) may prescribe quantities in respect
of a substance in terms of
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| Prescription
of information
and
assessment
periods
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(4) Regulations made under paragraph
(1)(c), (d) or (g) may prescribe information,
dates or periods in respect of a substance in
terms of
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Regulation of Toxic Substances |
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| Addition to
List of Toxic
Substances
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90. (1) Subject to subsection (3), the
Governor in Council may, if satisfied that a
substance is toxic, on the recommendation of
the Ministers, make an order adding the
substance to the List of Toxic Substances in
Schedule I.
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| Deletion from
List
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(2) Subject to subsection (3), the Governor
in Council may, if satisfied that the inclusion
of a substance specified on the List of Toxic
Substances in Schedule I is no longer neces
sary, on the recommendation of the Ministers,
make an order
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| Order subject
to conditions
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(3) Where a board of review is established
under section 333 in relation to a substance, no
order may be made under subsection (1) or (2)
in relation to the substance until the board's
report is received by the Ministers.
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| Publication of
proposal for
preventive or
control
actions
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91. (1) Subject to subsections (6) and (7), a
proposed regulation or instrument respecting
preventive or control actions in relation to a
substance shall be published by the Minister in
the Canada Gazette within two years after
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| Timeframes in
relation to
virtual
elimination
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(2) A proposed regulation or instrument in
respect of preventive or control actions in
relation to a substance for which a statement
has been published under subsection 77(6)
indicating that the measure proposed by the
Ministers is virtual elimination shall specify
the dates on which the preventive or control
actions are to take effect.
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| Measurable
quantity or
concentration
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(3) In establishing the quantity or con
centration that is measurable in relation to a
substance for the purposes of a proposed
regulation or instrument referred to in subsec
tion (2), the Ministers shall take into consider
ation information concerning sensitive and
readily available analytical methods and any
relevant information contained in plans re
ferred to in subsection 79(2).
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| Additional
measures in
relation to
virtual
elimination
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(4) The Minister shall, where applicable,
publish in the Canada Gazette a statement
accompanying the proposed regulation or
instrument for a substance referred to in
subsection (2) describing any additional mea
sures the Ministers intend to recommend with
respect to virtual elimination and summariz
ing their reasons for so intending.
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| Considera- tions in relation to virtual elimination
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(5) In determining the preventive or control
actions in relation to a substance and the dates
on which those actions are to take effect that
are to be set out in a proposed regulation or
instrument referred to in subsection (2), and in
determining any additional measures de
scribed in a statement published under subsec
tion (3), the Ministers shall take into consider
ation any factor or information that, in the
opinion of the Ministers, is relevant, includ
ing, but not limited to,
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| Publication of
subsequent
proposals
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(6) Any proposed regulation or instrument
respecting preventive or control actions in
relation to a substance that is made after the
publication of a proposed regulation or instru
ment published within the period of two years
referred to in subsection (1) shall be published
in the Canada Gazette.
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| Suspension of
time where
board of
review
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(7) Where a board of review is established
pursuant to section 333, the period of two
years referred to in subsection (1) is suspended
from the establishment of the board and does
not recommence until the board's report is
received by the Ministers.
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| Publication of
preventive or
control
actions
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92. (1) Subject to subsection (2), any
regulation or instrument respecting preven
tive or control actions in relation to a sub
stance shall be made and published in the
Canada Gazette within 18 months after the
publication of the proposal for that regulation
or instrument pursuant to subsection 91(1) or
(6), unless a material substantive change is
required to be made to that proposal.
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| Suspension of
time where
board of
review
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(2) Where a board of review is established
pursuant to section 333 in relation to a
substance, the period of 18 months referred to
in subsection (1) is suspended from the
establishment of the board and does not
recommence until the board has submitted its
report to the Minister pursuant to subsection
340(1).
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| Regulations
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93. (1) Subject to subsections (3) and (4),
the Governor in Council may, on the recom
mendation of the Ministers, make regulations
with respect to a substance specified on the
List of Toxic Substances in Schedule I,
including regulations providing for, or impos
ing requirements respecting,
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