Bill C-32
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the Ministers shall propose virtual elimination
of the substance under this Act.
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Scientific
consultation
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(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
considerations on the basis of which the
measure is proposed.
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Publication of
final decision
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(6) After taking into consideration in an
expeditious manner the comments filed under
subsection (5), the Ministers shall publish in
the Canada Gazette
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Report of
assessment
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(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.
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Notice of
objection
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(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.
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Recommen- dation to Governor in Council
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(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, as
confirmed or amended, is a recommendation
that the substance be added to the List of Toxic
Substances in Schedule 1.
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Notice of
objection
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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.
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Notice of
suspension of
five year
period
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(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
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Contents of
notice
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(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
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Notice of
objection after
a suspension
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(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.
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Plans required
for virtual
elimination
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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 virtual
elimination 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.
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Content of
plan
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(2) Every person who is required to prepare
and submit a plan under subsection (1)
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Compliance
with statement
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(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.
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Time delay
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(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.
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Substances and Activities New to Canada |
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Definitions
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80. The definitions in this section apply in
sections 81 to 89.
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``significant
new activity'' « nouvelle activité »
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``significant new activity'' includes, in respect
of a substance, any activity that results in or
may result in
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``substance'' « substance »
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``substance'' means a substance other than a
living organism within the meaning of Part
6.
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Manufacture
or import of
substances
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81. (1) Where a substance is not specified
on the Domestic Substances List and
subsection (2) does not apply, no person shall
manufacture or import the substance unless
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Transitional
provisions
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(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.
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Notification
of significant
new activity
in respect of
substance on
List
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(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
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Notification
of significant
new activity
in respect of
substance not
on List
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(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
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Transfer of
rights in
respect of
substance
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(5) Where prescribed information with
respect to a substance has been provided under
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.
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Application
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(6) Subsections (1) to (4) do not apply to
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Determi- nation as to the requirements set out in paragraph (6)(a)
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(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.
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Schedule of
Acts
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(8) Any Act of Parliament or regulations
listed in Schedule 2 have been determined by
the Minister responsible for the administration
of that Act to meet the requirements referred
to in paragraph (6)(a).
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Governor in
Council
power to
amend
Schedule 2
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(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 of the
responsible Minister after consultation with
the Minister, by order, add the name of that
other Act or any regulations made under that
Act to Schedule 2 or delete the name, as the
case may be.
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Waiver of
information
requirements
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(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 under that subsection if
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Publication of
notice of
waiver
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(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.
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Compliance
with waiver
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(12) Where the Minister waives any of the
requirements for information under 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.
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Correction of
information
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(13) A person who has provided
information 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.
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Request for
information
previously
waived
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(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
consideration by the Ministers of the
corrections, 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.
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Application of
section 84
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(15) Where the Ministers suspect, after
considering the information provided under
subsection (14), that a substance is toxic or
capable of becoming toxic, the Minister may
exercise any of the powers referred to in
paragraphs 84(1)(a) to (c).
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Notification
of excess
quantity
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(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.
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Prohibition of
activity
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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 expiry of the
period for assessing the information under
section 83.
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Prohibition of
activity
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(2) Where the Minister has reasonable
grounds to believe that a person has
manufactured 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.
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Waiver of
information
requirements
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(3) On the request of any person required
under subsection (1) or (2) to provide
information, 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.
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Assessment of
information
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83. (1) Subject to subsection (4), the
Ministers shall, within the prescribed
assessment 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 or capable of
becoming toxic.
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Assessment of
information
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(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 or capable of
becoming toxic.
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Time for
assessment
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(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.
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Extension of
assessment
period
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(4) Where the Ministers are of the opinion
that further time is necessary to assess any
information, the Minister may, before the
expiry 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.
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Notification
of extension
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(5) Where the Minister extends the period
for assessing information, the Minister shall,
before the expiry of the assessment period
referred to in subsection (1) or (3), notify the
person who provided the information.
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Termination
of period
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(6) The Minister may, before the expiry of
the assessment period referred to in subsection
(1) or (3), terminate the period for assessing
information and, immediately before doing
so, shall notify the person who provided the
information.
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Action to be
taken after
assessment
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84. (1) Where the Ministers have assessed
any information under section 83 and they
suspect that a substance is toxic or capable of
becoming toxic, the Minister may, before the
expiry of the period for assessing the
information,
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Additional
information or
testing
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(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
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