;

Bill C-32

If you have any questions or comments regarding the accessibility of this publication, please contact us at accessible@parl.gc.ca.

PDF

	Substances and Activities New to Canada
Definitions	80. The definitions in this section apply in sections 81 to 89.
``significant new activity'' « nouvelle activité »	``significant new activity'' includes, in respect of a substance, any activity that results in or may result in
	(a) the entry or release of the substance into the environment in a quantity or concentration that, in the Ministers' opinion, is significantly greater than the quantity or concentration of the substance that previously entered or was released into the environment; or
	(b) the entry or release of the substance into the environment or the exposure or potential exposure of the environment to the substance in a manner and circumstances that, in the Ministers' opinion, are significantly different from the manner and circumstances in which the substance previously entered or was released into the environment or of any previous exposure or potential exposure of the environment to the substance.
``substance'' « substance »	``substance'' means a substance other than a living organism within the meaning of Part 6.
Manufacture or import of substances	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
	(a) the prescribed information with respect to the substance has been provided by the person to the Minister accompanied by the prescribed fee, on or before the prescribed date; and
	(b) the period for assessing the information under section 83 has expired.
Transitional provisions	(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.
Notification of significant new activity in respect of substance on List	(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
	(a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and
	(b) the period for assessing the information specified by the Minister or provided under section 83 has expired.
Notification of significant new activity in respect of substance not on List	(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
	(a) the person has provided the Minister with the prescribed information, on or before the date that is specified by the Minister or prescribed, accompanied by the prescribed fee; and
	(b) the period for assessing the information specified by the Minister or provided under section 83 has expired.
Transfer of rights in respect of substance	(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.
Application	(6) Subsections (1) to (4) do not apply to
	(a) a substance that is manufactured or imported for a use that is regulated under any other Act of Parliament that provides for notice to be given before the manufacture, import or sale of the substance and for an assessment of whether it is toxic or capable of becoming toxic;
	(b) transient reaction intermediates that are not isolated and are not likely to be released into the environment;
	(c) impurities, contaminants and partially unreacted materials the formation of which is related to the preparation of a substance;
	(d) substances produced when a substance undergoes a chemical reaction that is incidental to the use to which the substance is put or that results from storage or from environmental factors; or
	(e) a substance that is manufactured, used or imported in a quantity that does not exceed the maximum quantity prescribed as exempt from this section.
Governor in Council may amend Schedule 2	(7) For the purposes of the administration of this section, the Governor in Council has the exclusive responsibility for determining whether or not the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, and
	(a) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are met by or under an Act of Parliament referred to in that paragraph, or regulations made under that Act, the Governor in Council may by order add to Schedule 2 the name of that Act or those regulations, as the case may be, and the fact that an Act or regulations are listed in Schedule 2 is conclusive proof that the requirements referred to in paragraph (6)(a) are met; and
	(b) if the Governor in Council determines that the requirements referred to in paragraph (6)(a) are no longer met by or under an Act of Parliament, or regulations, listed in Schedule 2, the Governor in Council may by order delete from Schedule 2 the name of that Act or those regulations, as the case may be.
Waiver of information requirements	(8) 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
	(a) in the opinion of the Ministers, the information is not needed in order to determine whether the substance is toxic or capable of becoming toxic;
	(b) the substance is to be used for a prescribed purpose or manufactured at a location where, in the opinion of the Ministers, the person requesting the waiver is able to contain the substance so as to satisfactorily protect the environment and human health; or
	(c) it is not, in the opinion of the Ministers, practicable or feasible to obtain the test data necessary to generate the information.
Publication of notice of waiver	(9) 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.
Compliance with waiver	(10) Where the Minister waives any of the requirements for information under paragraph (8)(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.
Correction of information	(11) A person who has provided information under this section, including for the purposes of a request for a waiver under subsection (8), or under section 82 or 84 shall notify the Minister of any corrections to the information as soon as possible after learning of them.
Request for information previously waived	(12) Where the Minister is notified of any corrections to information that was provided for the purposes of a request for a waiver under subsection (8), 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.
Application of section 84	(13) Where the Ministers suspect, after considering
	(a) any corrections received under subsection (11), or
	(b) the information provided under subsection (12),
	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).
Notification of excess quantity	(14) 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.
Prohibition of activity	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.
Prohibition of activity	(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.
Waiver of information requirements	(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(8)(a) to (c) is met and, in that case, subsections 81(9) to (13) apply with respect to the waiver.
Assessment of information	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.
Assessment of information	(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.
Time for assessment	(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.
Extension of assessment period	(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.
Notification of extension	(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.
Termination of period	(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.
Action to be taken after assessment	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,
	(a) permit any person to manufacture or import the substance, subject to any conditions that the Ministers may specify;
	(b) prohibit any person from manufacturing or importing the substance; or
	(c) request any person to provide any additional information or submit the results of any testing that the Ministers consider necessary for the purpose of assessing whether the substance is toxic or capable of becoming toxic.
Additional information or testing	(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
	(a) the person provides the additional information or submits the test results; and
	(b) the period for assessing information under section 83 has expired or a period of 90 days after the additional information or test results were provided has expired, whichever is later.
Variation of conditions and prohibitions	(3) The Minister may vary or rescind a condition or prohibition specified or imposed under paragraph (1)(a) or (b).
Expiry of prohibition	(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.
Publication of conditions and prohibitions	(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.
Significant new activity	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, the Minister may, within 90 days after 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 81(4) applies with respect to the substance.
Variation or revocation	(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.
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 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.
Notification of persons required to comply	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).
Amendment of Lists	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:
	(a) the Minister has been provided with information in respect of the substance under section 81 or 82 and any additional information or test results required under subsection 84(1);
	(b) the Ministers are satisfied that the substance has been manufactured in or imported into Canada by the person who provided the information in excess of
	(i) 1 000 kg in any calendar year,
	(ii) an accumulated total of 5 000 kg, or
	(iii) the quantity prescribed for the purposes of this section; and
	(c) the period for assessing the information under section 83 has expired; and
	(d) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.
Amendment of Lists	(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.
Significant new activity	(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.
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 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.
Amendments of Lists	(5) Despite subsection (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:
	(a) the Minister has been provided with any information in respect of the substance under subsections 81(1) to (13) or section 82, any additional information or test results required under subsection 84(1), and any other prescribed information;
	(b) the period for assessing the information under section 83 has expired; and
	(c) no conditions specified under paragraph 84(1)(a) in respect of the substance remain in effect.
Publication of masked name	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.
Regulations	89. (1) The Governor in Council may, on the recommendation of the Ministers, make regulations

Bill C-32

Substances and Activities New to Canada