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

Regulation of Toxic Substances

Marginal note:Addition to list of toxic substances

• 90 (1) Subject to subsection (3), the Governor in Council may, if satisfied that a substance is toxic, on the recommendation of the Ministers, make an order adding the substance to Part 1 or 2 of the list of toxic substances in Schedule 1.

• Marginal note:Priorities

  (1.1) In developing a proposed regulation or instrument respecting preventive or control actions, including actions that lead to the use of safer or more sustainable alternatives for the environment or human health, in relation to a substance specified on the list of toxic substances in Schedule 1, the Ministers shall give priority to pollution prevention actions and, in particular, in the case of a substance specified in Part 1 of the list of toxic substances in that Schedule, to the total, partial or conditional prohibition of activities in relation to the substance or of releases of the substance into the environment.

• Marginal note:Consideration of factors

  (1.2) For the purposes of subsection (1.1), the Ministers shall, in respect of a substance specified in Part 1 of the list of toxic substances in Schedule 1, consider whether the activity or release can be undertaken in a manner that minimizes or eliminates any harmful effect on the environment or human health and whether there are feasible alternatives to the substance.

• Marginal note:Deletion from the list of toxic substances

  (2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order deleting the substance from that Part and repealing the regulations made under section 93 with respect to the substance.

• Marginal note:Order subject to conditions

  (3) Where a board of review is established under section 333 in relation to a substance, no order may be made under subsection (1) or (2) in relation to the substance until the board’s report is received by the Ministers.

Marginal note:Publication of proposed preventive or control actions

• 91 (1) Subject to subsections (2), (6) and (7), within two years after the publication of the Ministers’ statement under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, in respect of a substance is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1,

  • (a) the Minister shall publish in the Canada Gazette

    • (i) a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under this Act, other than an instrument that may be made only by the Minister of Health, or

    • (ii) a statement — identifying a regulation or instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made under any other Act of Parliament other than an Act for whose administration the Minister of Health is responsible — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is to be made; or

  • (b) the Minister of Health shall publish in the Canada Gazette

    • (i) an instrument respecting preventive or control actions, in relation to the substance, that is proposed to be made by that Minister under this Act, or

    • (ii) a statement identifying a regulation or instrument respecting preventive or control actions in relation to the substance that is proposed to be made under any other Act of Parliament for whose administration that Minister is responsible.

• Marginal note:Exceptions

  (2) Subsection (1) does not apply in respect of

  • (a) a substance specified in Part 1 or 2 of the list of toxic substances in Schedule 1 in relation to which the measure the Ministers propose to take, as confirmed or amended, is a recommendation that the substance be added to the other Part; or

  • (b) a substance in relation to which a statement has been published under subparagraph 77(6)(c)(ii).

• (3) [Repealed, 2023, c. 12, s. 30]

• (4) [Repealed, 2023, c. 12, s. 30]

• (5) [Repealed, 2023, c. 12, s. 30]

• Marginal note:Publication of subsequent proposals

  (6) Any proposed regulation or instrument respecting preventive or control actions in relation to a substance that is made after the publication of a proposed regulation or instrument published within the period of two years referred to in subsection (1) shall be published in the Canada Gazette.

• Marginal note:Suspension of time where board of review

  (7) Where a board of review is established under section 333, the period of two years referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board’s report is received by the Ministers.

Marginal note:Publication of preventive or control actions

• 92 (1) Subject to subsection (2), within 18 months after the day on which a proposed regulation or instrument is published under subparagraph 91(1)(a)(i) or (b)(i) or subsection 91(6) or a statement identifying a proposed regulation or instrument is published under subparagraph 91(1)(a)(ii) or (b)(ii), unless a material substantive change is required to be made to that proposed regulation or instrument,

  • (a) a regulation or instrument respecting preventive or control actions in relation to a substance shall be made under this Act and published in the Canada Gazette;

  • (b) the Minister shall publish in the Canada Gazette a statement — identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament — made jointly by the Minister and the Minister responsible for the administration of the Act under which the regulation or instrument is made; or

  • (c) the Minister of Health shall publish in the Canada Gazette a statement identifying a regulation or instrument respecting preventive or control actions in relation to a substance that was made under any other Act of Parliament for whose administration that Minister is responsible.

• Marginal note:Suspension of time where board of review

  (2) Where a board of review is established under section 333 in relation to a substance, the period of 18 months referred to in subsection (1) is suspended from the establishment of the board and does not recommence until the board has submitted its report to the Minister under subsection 340(1).

92.1 [Repealed, 2023, c. 12, s. 32]

Marginal note:Regulations

• 93 (1) Subject to subsections (3) and (4), the Governor in Council may, on the recommendation of the Ministers, make regulations with respect to a substance specified on the list of toxic substances in Schedule 1, including regulations providing for, or imposing requirements respecting,

  • (a) the quantity or concentration of the substance that may be released into the environment either alone or in combination with any other substance from any source or type of source;

  • (b) the places or areas where the substance may be released;

  • (c) the commercial, manufacturing or processing activity in the course of which the substance may be released;

  • (d) the manner in which and conditions under which the substance may be released into the environment, either alone or in combination with any other substance;

  • (e) the quantity of the substance that may be manufactured, processed, used, offered for sale or sold in Canada;

  • (f) the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed, used, offered for sale or sold;

  • (g) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be imported, exported, manufactured, processed or used;

  • (h) the quantities or concentrations in which the substance may be used;

  • (i) the quantities or concentrations of the substance that may be imported or exported;

  • (j) the countries from or to which the substance may be imported or exported;

  • (k) the conditions under which, the manner in which and the purposes for which the substance may be imported or exported;

  • (l) the total, partial or conditional prohibition of the manufacture, use, processing, sale, offering for sale, import or export of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (m) the total, partial or conditional prohibition of the manufacture, import or export of a product that is intended to contain the substance;

  • (n) the quantity or concentration of the substance that may be contained in any product manufactured, imported, exported, offered for sale or sold in Canada, or that any such product may release into the environment;

  • (o) the manner in which, conditions under which and the purposes for which the substance, a product that contains the substance or a product that may release the substance into the environment may be advertised or offered for sale;

  • (p) the manner in which and conditions under which the substance, a product that contains the substance or a product that may release the substance into the environment may be stored, displayed, handled, transported or offered for transport;

  • (q) the packaging and labelling of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (r) the manner, conditions, places and method of disposal of the substance, a product that contains the substance or a product that may release the substance into the environment, including standards for the construction, maintenance and inspection of disposal sites;

  • (s) the submission to the Minister, on request or at any prescribed times, of information relating to the substance, a product that contains the substance or a product that may release the substance into the environment;

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

  • (u) the conduct of sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment and the submission of the results to the Minister;

  • (v) the submission of samples to the Minister of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (w) the conditions, test procedures and laboratory practices to be followed for conducting sampling, analyses, tests, measurements or monitoring of the substance, a product that contains the substance or a product that may release the substance into the environment;

  • (x) the circumstances or conditions under which the Minister may, for the proper administration of this Act, modify

    • (i) any requirement for sampling, analyses, tests, measurements or monitoring, or

    • (ii) the conditions, test procedures and laboratory practices for conducting any required sampling, analyses, tests, measurements or monitoring; and

  • (y) any other matter that by this Part is to be defined or prescribed or that is necessary to carry out the purposes of this Part.

• Definition of sell

  (2) In this section, sell includes, in respect of a substance, the transfer of the physical possession or control of the substance.

• Marginal note:Advice by Committee

  (3) Before a regulation is made under subsection (1), the Minister shall give the Committee an opportunity to advise the Ministers.

• Marginal note:Substances regulated under other Acts of Parliament

  (4) The Governor in Council shall not make a regulation under subsection (1) in respect of a substance if, in the opinion of the Governor in Council, the regulation regulates an aspect of the substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health.

• Marginal note:Powers of Minister

  (5) Regulations made under this section may authorize the Minister, in the circumstances and subject to the conditions and limits that may be specified in the regulations, to issue, amend, suspend and revoke permits and other authorizations in relation to any matter that is the subject of the regulations and to set their terms and conditions.

• Marginal note:Statutory Instruments Act

  (6) A permit or other authorization issued under regulations made under this section is not a statutory instrument as defined in subsection 2(1) of the Statutory Instruments Act.