Bill C-32
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| Variation of
conditions
and
prohibitions
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(3) The Minister may vary or rescind a
condition or prohibition specified or imposed
under paragraph (1)(a) or (b).
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| Expiry 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 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.
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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
prohibition 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 that is not on the Domestic
Substances List and they suspect that a
significant new activity in relation to the
substance may result in the substance
becoming toxic, before the expiry 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
subsection (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 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.
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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, within 120 days after the
following conditions are met:
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| Amendment
of Lists
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(2) Where the Minister adds a substance to
the Domestic Substances List and
subsequently learns that the substance was not
manufactured 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 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.
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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
contravention 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
regulations
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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 90 days after
the Minister is provided with the prescribed
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 1.
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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 1 is no longer
necessary, 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
proposed
regulation or
instrument
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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 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.
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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
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).
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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
measures that the Ministers intend to
recommend with respect to virtual elimination
and summarizing 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
described in a statement published under
subsection (3), the Ministers shall take into
consideration any factor or information that,
in the opinion of the Ministers, is relevant,
including, 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
instrument 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
under 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
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.
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| Suspension of
time where
board of
review
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(2) Where a board of review is established
under 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 under 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
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,
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