Canadian Environmental Protection Act, 1999

Marginal note:Action to be taken after assessment

• 109 (1) Where the Ministers have assessed any information under section 108 and they suspect that a living organism 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 living organism, subject to any conditions that the Ministers may specify;

  • (b) prohibit any person from manufacturing or importing the living organism; 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 living organism is toxic or capable of becoming toxic.

• Marginal note: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 living organism unless

  • (a) the person provides the additional information or submits the test results; and

  • (b) the period for assessing information under section 108 has expired or a period of 120 days after the additional information or test results were provided has expired, whichever is later.

• Marginal note: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).

• Marginal note:Expiry of prohibition

  (4) Any prohibition on the manufacture or import of a living organism imposed under paragraph (1)(b) expires two years after the day on which it is imposed unless, before the expiry of the two years, there is published in the Canada Gazette

  • (a) a regulation respecting preventive or control actions, in relation to the living organism, that is proposed to be made under this Act; or

  • (b) a statement, identifying a regulation respecting preventive or control actions in relation to the living organism that is proposed to be made under any other Act of Parliament,

    • (i) made jointly by the Minister and the Minister responsible for the administration of the Act of Parliament under which the regulation is to be made, if the Act is not an Act referred to in subparagraph (ii), or

    • (ii) made by the Minister of Health, if the Act of Parliament is one for whose administration that Minister is responsible.

  If such a proposed regulation — or such a statement identifying a proposed regulation — is so published, the prohibition expires on the day on which the regulation comes into force.

• Marginal note: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.