Canadian Environmental Protection Act, 1999

Marginal note: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.

• Marginal note: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.

• Marginal note:Significant new activity

  (3) If a substance is on the Domestic Substances List or is to be added to the List under subsection (1) or 66.1(1), the Minister may amend the List to indicate that subsection 81(3) applies with respect to the substance.

• Marginal note:Contents of amendment

  (4) An amendment referred to in subsection (3)

  • (a) shall indicate, by inclusion or exclusion, the significant new activities in relation to the substance with respect to 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 on or before which it is to be provided and the period within which it is to be assessed under section 83; and

  • (b) may specify for the purpose of subsection 87.1(2) classes of persons who are not required to be notified under subsection 87.1(1) with respect to the substance.

• Marginal note:Subsequent amendment

  (4.1) The Minister may amend the Domestic Substances List in respect of a substance with respect to which subsection 81(3) applies

  • (a) to vary the significant new activities in relation to the substance or vary the information to be provided to the Minister under subsection 81(3), the date on or before which that information is to be provided or the period within which it is to be assessed under section 83;

  • (b) to indicate that subsection 81(3) no longer applies;

  • (c) to specify classes of persons for the purpose of subsection 87.1(2), if no such classes are specified with respect to the substance;

  • (d) to vary the classes of persons, if any, that are specified for the purpose of subsection 87.1(2); or

  • (e) to delete any class of persons that is specified for the purpose of subsection 87.1(2).

• Marginal note: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.