Bill C-455
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1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-455
An Act to amend the Canadian Environmental Protection Act, 1999 (electronic products recycling program)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1999, c. 33
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
1. The Canadian Environmental Protection Act, 1999 is amended by adding the following after section 192:
Division 9
Control of Waste Electronic Products
Addition to List of Electronic Products
192.1 (1) The Governor in Council shall, if satisfied that an electronic product contains a substance that is specified on the List of Toxic Substances in Schedule 1, on the recommendation of the Minister, make an order adding the product to the List of Electronic Products in Schedule 7.
Deletion from List
(2) The Governor in Council may, if satisfied that the inclusion of an electronic product specified on the List of Electronic Products in Schedule 7 is no longer necessary, on the recommendation of the Minister, make an order deleting the product from the List.
Prohibition
192.2 (1) No person shall manufacture an electronic product specified on the List of Electronic Products in Schedule 7, or import such a product for use or sale in Canada, unless they
(a) have established a recycling program to dispose safely of any toxic substances contained in such a product at its end of life; or
(b) participate in such a program operated by an organization designated by regulations made under section 192.3.
Required content of programs
(2) The electronic products recycling program must specify
(a) the method of collecting waste electronic products;
(b) the options for recycling waste electronic products, listed in descending order of preference;
(c) subject to any regulations made under section 192.3, the procedures to be followed by any person disposing of waste electronic products collected pursuant to the program;
(d) the sources of funding for the program;
(e) the quality control and quality assurance aspects of the program, including tracking and auditing mechanisms; and
(f) the public education or public awareness and communication strategy for the program.
Transmission of information
(3) A person to whom subsection (1) applies shall provide the Minister with the detailed information referred to in subsection (2).
Regulations
192.3 The Governor in Council may make regulations
(a) designating organizations that may operate a recycling program;
(b) respecting the manner, conditions, places and method or methods of disposal of an electronic product listed in Schedule 7; and
(c) respecting any other matter that is necessary to carry out the purposes of this Division.
Non-application of provisions in a province
192.4 (1) The Governor in Council may, by order, declare that any or all of the provisions of this Division and any related provisions of the regulations made under section 192.3 do not apply in a province, if the Minister and the government of that province enter into an agreement that provides that there are in force provisions under the laws of the province that are equivalent to or more stringent than those provisions and that establishes the circumstances and manner in which the province is to provide information on the administration and enforcement of those laws.
Term of agreement
(2) An agreement made under subsection (1) shall be for a period of five years, or any shorter period agreed to by the parties, but may be renewed by written agreement of the parties.
Revocation
(3) The Governor in Council may revoke the order made under subsection (1) if the Governor in Council is satisfied that the provisions under the laws of the province are no longer equivalent to the provisions of this Act or the regulations or are not being adequately admin- istered or enforced.
Notice to province
(4) The Governor in Council may revoke the order only if the Minister has given notice of the proposed revocation to the province.
Order ceases to have effect
(5) The order ceases to have effect either when it is revoked by the Governor in Council or when the agreement to which the order relates expires or is terminated.
2. The Act is amended by adding, after Schedule 6, the Schedule 7 set out in the schedule to this Act.
COMING INTO FORCE
Coming into force
3. This Act comes into force one year after the day on which it receives royal assent.