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Bill C-32

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Expiry of prohibition

(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.

Publication of conditions and prohibitions

(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.

Significant new activity

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.

Variation or revocation

(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.

Contents of notice

(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.

Notification of persons required to comply

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).

Amendment of List

112. (1) The Minister shall add a living organism to the Domestic Substances List within 120 days after the following conditions are met:

    (a) the Minister has been provided with information in respect of the living organism under section 106 or 107 and any additional information or test results required under subsection 109(1);

    (b) the Ministers are satisfied that the living organism has been manufactured in or imported into Canada by the person who provided the information prescribed for the purpose of this paragraph;

    (c) the period for assessing the information under section 108 has expired; and

    (d) no conditions specified under paragraph 109(1)(a) in respect of the living organism remain in effect.

Amendment of List

(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.

Significant new activity

(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.

Contents of amendment

(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.

Publication of masked name

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.

Regulations

114. (1) The Governor in Council may, on the recommendation of the Ministers, make regulations

    (a) defining living organisms or establishing groups of living organisms for the purposes of the provision of information under section 106 or 107, including those that are exotic or indigenous, research and development living organisms and living organisms manufactured only for export, and designating ecozones or groups of ecozones;

    (b) prescribing conditions and circumstances for the purpose of paragraph 106(6)(b);

    (c) prescribing the information that shall be provided to the Minister under subsection 106(1), (2), (3) or (4) or section 107 and the form and manner in which it is to be provided;

    (d) prescribing dates on or before which information shall be provided under subsection 106(1), (2), (3) or (4);

    (e) respecting the maintenance of books and records for the administration of any regulation made under this section;

    (f) prescribing the purpose for which a living organism must be used so as to permit the waiver of information requirements under subsection 106(10);

    (g) prescribing periods within which the Ministers shall assess information under subsection 108(1);

    (h) respecting the conditions, test procedures and laboratory practices to be followed in developing test data on a living organism in order to comply with the information requirements of section 106 or 107 or requests for information under paragraph 109(1)(c);

    (i) prescribing information for the purpose of paragraph 112(1)(b);

    (j) prescribing the manner of determining a name for a living organism for the purpose of section 113; and

    (k) generally for carrying out the purposes and provisions of this Part.

Prescribed assessment period

(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.

Prescription of conditions and circumstances

(3) Regulations made under paragraph (1)(b) may prescribe conditions and circumstances in respect of a living organism in terms of

    (a) whether or not the living organism is a member of a group of living organisms established by regulations made under paragraph (1)(a); or

    (b) the purposes for which the living organism is manufactured or imported.

Prescription of information and assessment periods

(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

    (a) whether or not the living organism is a member of a group of living organisms established by regulations made under paragraph (1)(a);

    (b) the purposes for which the living organism is manufactured or imported; or

    (c) the conditions under which and the circumstances in which the living organism is manufactured or imported.

Other regulations

115. (1) Subject to subsection (2), the Governor in Council may, on the recommendation of the Ministers, make regulations

    (a) for the purposes of implementing an international agreement,

      (i) respecting living organisms, whether or not they are on the Domestic Substances List, and

      (ii) respecting the safety of the environment or human health, including, but not limited to, the safe transfer, handling and uses of any living organism that is moved across a boundary; and

    (b) respecting the effective and safe use of living organisms in pollution prevention.

Living organisms regulated under other Acts of Parliament

(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.

PART 7

CONTROLLING POLLUTION AND MANAGING WASTES

DIVISION 1

NUTRIENTS

Definitions

116. The definitions in this section apply in this Division and in Part 10.

``cleaning product''
« produit de nettoyage »

``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.

``nutrient''
« substance nutritive »

``nutrient'' means a substance or combination of substances that, if released in any waters, provides nourishment that promotes the growth of aquatic vegetation.

``water conditioner''
« condition-
neur d'eau »

``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.

Prohibition

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.

Regulations

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

    (a) prescribing nutrients;

    (b) prescribing the permissible concentration of a prescribed nutrient in a cleaning product or water conditioner;

    (c) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing, measuring or monitoring a nutrient, cleaning product or water conditioner; and

    (d) requiring persons who manufacture for use or sale in Canada or import a cleaning product or water conditioner

      (i) to maintain books and records for the proper administration of this Division and the regulations,

      (ii) to submit samples of the cleaning product or water conditioner to the Minister, and

      (iii) to submit to either Minister information regarding cleaning products, water conditioners and their ingredients.

Remedial measures

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:

    (a) give public notice of the contravention and of any danger to the environment or to human life or health posed by the nutrient, cleaning product or water conditioner;

    (b) mail a notice as described in paragraph (a) to manufacturers, processors, distributors or retailers of the nutrient, cleaning product or water conditioner;

    (c) mail a notice as described in paragraph (a) to persons to whom the nutrient, cleaning product or water conditioner is known to have been delivered or sold;

    (d) replace the nutrient, cleaning product or water conditioner with one that meets the applicable requirements;

    (e) accept the return of the nutrient, cleaning product or water conditioner from the purchaser and refund the purchase price;

    (f) take other measures for the protection of the environment or human life or health; and

    (g) report to the Minister on the steps taken in satisfaction of any direction under paragraphs (a) to (f).

Intervention of Minister

(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.

Recovery of costs

(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.

DIVISION 2

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