Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33)

Definition of “level of quantification”

65.1 In section 65, “level of quantification” means, in respect of a substance, the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods.

Marginal note:Domestic Substances List

• 66. (1) The Minister shall, for the purposes of sections 73, 74 and 81, maintain a list to be known as the Domestic Substances List, and the List shall specify all substances that the Minister is satisfied were, between January 1, 1984 and December 31, 1986,

  • (a) manufactured in or imported into Canada by any person in a quantity of not less than 100 kg in any one calendar year; or

  • (b) in Canadian commerce or used for commercial manufacturing purposes in Canada.

• Marginal note:Non-domestic Substances List

  (2) The Minister shall, for the purpose of section 81, maintain a list to be known as the Non-domestic Substances List, and the List shall specify substances, other than

  • (a) the substances referred to in subsection (1); and

  • (b) living organisms within the meaning of Part 6.

• Marginal note:Amendment of Lists

  (3) Where a substance was not included on the Domestic Substances List and the Minister subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were met in respect of the substance, the Minister shall add the substance to the List and, where necessary, delete it from the Non-domestic Substances List.

• Marginal note:Amendment of Lists

  (4) Where the Minister includes a substance on the Domestic Substances List and subsequently learns that, between January 1, 1984 and December 31, 1986, the requirements set out in paragraph (1)(a) or (b) were not met in respect of the substance, the Minister shall delete the substance from the List and may add it to the Non-domestic Substances List.

• Marginal note:Publication of Lists

  (5) The Minister shall publish in the Canada Gazette and in any other manner that the Minister considers appropriate the Domestic Substances List, the Non-domestic Substances List and any amendments to those Lists.

• Marginal note:Designation

  (6) The Minister may, by order, designate any person or class of persons to exercise the powers and perform the duties and functions set out in this section.

Marginal note:Regulation of criteria

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

  • (a) respecting a property or characteristic of a substance, including, without limiting the generality of the foregoing, persistence and bioaccumulation;

  • (b) prescribing the substances or groups of substances in respect of which the property or characteristic may be applicable;

  • (c) prescribing the conditions under which and the circumstances in which the property or characteristic may be applicable; and

  • (d) respecting the conditions, test procedures and laboratory practices to be followed for analysing, testing or measuring the property or characteristic.

• Marginal note:Condition

  (2) No regulation that is applicable to a mineral or metal may be made under subsection (1) unless, in the opinion of the Ministers, the natural occurrence, properties and characteristics of that mineral or metal in the environment have been taken into consideration.