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Canadian Environmental Protection Act, 1999

Version of section 90 from 2002-12-31 to 2023-06-12:


Marginal note:Addition to List of Toxic Substances

  •  (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 the List of Toxic Substances in Schedule 1.

  • Marginal note:Priority

    (1.1) In developing proposed regulations or instruments respecting preventive or control actions in relation to substances specified on the List of Toxic Substances in Schedule 1, the Ministers shall give priority to pollution prevention actions.

  • Marginal note:Deletion from List

    (2) Subject to subsection (3), the Governor in Council may, if satisfied that the inclusion of a substance specified on the List of Toxic Substances in Schedule 1 is no longer necessary, on the recommendation of the Ministers, make an order

    • (a) deleting the substance from the List and deleting the type of regulations specified in the List as being applicable with respect to the substance; and

    • (b) 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.


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