Bill C-32
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Expiry of
prohibition
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(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.
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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 import of a
living organism, the Minister shall publish in
the Canada Gazette a notice setting out the
condition or prohibition and the living
organism in respect of which it applies.
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Significant
new activity
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110. (1) Where the Ministers have assessed
any information under section 108 in respect
of a living organism that is not on the
Domestic Substances List and they suspect
that a significant new activity in relation to
that living organism may result in the living
organism becoming toxic, the Minister may,
before the expiry of the period for assessing
the information, publish in the Canada
Gazette and in any other manner that the
Minister considers appropriate a notice
indicating that subsection 106(4) applies with
respect to the living organism.
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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 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.
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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
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.
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Notification
of persons
required to
comply
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111. Where a notice is published in the
Canada Gazette under subsection 110(1) in
respect of a 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 subsection
106(4).
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Amendment
of List
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112. (1) The Minister shall add a living
organism to the Domestic Substances List
within 120 days after the following conditions
are met:
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Amendment
of List
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(2) Where the Minister adds a living
organism to the Domestic Substances List and
subsequently learns that the living organism
was not manufactured or imported as
described in subsection (1), the Minister shall
delete the living organism from the List.
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Significant
new activity
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(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.
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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
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.
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Publication of
masked name
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113. Where the publication under this Part
of the explicit biological name of a living
organism would result in the release of
confidential business information in
contravention of section 314, the living
organism shall be identified by a name
determined in the prescribed manner.
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Regulations
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114. (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 106 and
108, where no assessment period is prescribed
or specified with respect to a living organism,
the prescribed assessment period is 120 days
after the Minister is provided with the
prescribed information.
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Prescription
of conditions
and
circumstances
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(3) Regulations made under paragraph
(1)(b) may prescribe conditions and
circumstances in respect of a living organism
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 living organism
in terms of
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Other
regulations
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115. (1) Subject to subsection (2), the
Governor in Council may, on the
recommendation of the Ministers, make
regulations
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Living
organisms
regulated
under other
Acts of
Parliament
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(2) The Governor in Council shall not make
a regulation under subsection (1) in respect of
any living organism if, in the opinion of the
Governor in Council, the regulation regulates
an aspect of the living organism that is
regulated by or under any other Act of
Parliament.
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PART 7 |
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CONTROLLING POLLUTION AND MANAGING WASTES |
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DIVISION 1 |
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NUTRIENTS |
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Definitions
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116. The definitions in this section apply in
this Division and in Part 10.
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``cleaning
product'' « produit de nettoyage »
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``cleaning product'' means a phosphate
compound or other substance that is
intended to be used for cleaning purposes,
and includes laundry detergents,
dish-washing compounds, metal cleaners,
de-greasing compounds and household,
commercial and industrial cleaners.
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``nutrient'' « substance nutritive »
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``nutrient'' means a substance or combination
of substances that, if released in any waters,
provides nourishment that promotes the
growth of aquatic vegetation.
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``water
conditioner'' « condition- neur d'eau »
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``water conditioner'' means a substance that is
intended to be used to treat water, and
includes water-softening chemicals,
anti-scale chemicals and corrosion
inhibiters.
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Prohibition
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117. No person shall manufacture for use or
sale in Canada or import a cleaning product or
water conditioner that contains a prescribed
nutrient in a concentration greater than the
permissible concentration prescribed for that
product.
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Regulations
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118. The Governor in Council may, on the
recommendation of the Minister, make
regulations for the purpose of preventing or
reducing the growth of aquatic vegetation that
is caused by the release of nutrients in waters
and that can interfere with the functioning of
an ecosystem or degrade or alter, or form part
of a process of degrading or alterating, an
ecosystem to an extent that is detrimental to its
use by humans, animals or plants, including
regulations
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Remedial
measures
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119. (1) Where there is a contravention of
section 117 or the regulations, the Minister
may, in writing, direct a manufacturer or
importer of a nutrient, cleaning product or
water conditioner to take any or all of the
following measures in the manner and within
the period directed by the Minister:
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Intervention
of Minister
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(2) If a person fails to take any measures
required under paragraph (1)(a), (b), (c) or (f),
the Minister may take those measures or cause
them to be taken.
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Recovery of
costs
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(3) Her Majesty in right of Canada may
recover the costs and expenses of and
incidental to taking any measures under
subsection (2) from the person referred to in
that subsection.
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DIVISION 2 |
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