1. Administration |
- Establish a National Advisory Committee - 6(1)
- Make committee reports publicly available - 8
- Publish draft agreements with Aboriginal people - 9(2)
- Give notice on how comments on draft were addressed - 9(4)
- Publish final agreements with Aboriginal people - 9(6)
- Report annually on administration under agreements with Aboriginal people - 9(8)
- Publish draft equivalency agreements - 10(4)
- Give notice on how comments on draft agreements were addressed - 10(6)
- Publish final agreements on equivalency - 10(7)
- Report annually on administration under equivalency agreements - 10(10)
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2. Public participation |
- Establish an Environmental Registry - 12
- Place notices and other documents made publicly available by the Minister on the Environmental Registry - 13(1)
- Acknowledge receipt of application for investigation of offence within 20 days - 18
- Report on progress of the investigation and action every 90 days - 19
- Prepare a report when investigation is discontinued - 21(2)
- Give notice of any environmental protection action - 26(1) and other matters -26(2)(b)
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3. Information gathering, objectives, guidelines and codes of practice |
- Establish, operate and maintain a system for monitoring environmental quality (mandatory attributes specified) - 44(1)(a)
- Conduct research and studies relating to environmental contamination arising from disturbances of ecosystems by human activity - 44(1)(c)
- Create an inventory of and publish on a periodic basis data on environmental quality - 44(1)(d)
- Establish, operate and publicize demonstration projects and make them available for demonstration - 44(1)(e)
- Publish and distribute information respecting pollution prevention and environmental quality, and a periodic report on the state of the Canadian environment - 44(1)(f)
- Conduct research relating to hormone-disrupting substances - 44(4)
- Issue guidelines with respect to the use of information-gathering powers - 47(1)
- Consult with provinces / Aboriginal governments in developing said guidelines - 47(2)
- Establish (and publish) a national inventory of releases - 48; 50
- Issue (and publish) environmental quality objectives and guidelines, release guidelines and codes of practice - 54(1); 54(4)
- Offer to consult with provinces / Aboriginal governments on above - 54(3)
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4. Pollution prevention |
- Publish notice when authorizing extension for pollution prevention planning - 56(4)
- Develop guidelines relating to pollution prevention planning - 62(1)
- Offer to consult with provinces / Aboriginal governments on above - 62(2)
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5. Controlling toxic substances |
- Compile the Virtual Elimination List and establish levels of quantification - 65(2)
- Establish release limits for substances on Virtual Elimination List - 65(3)
- Maintain a Domestic Substances List (DSL) - 66(1)
- Maintain a Non-Domestic Substances List - 66(2) and amend - 66(3)(4)
- Publish the above lists - 66(5)
- Offer to consult with provinces / Aboriginal governments on any Part 5 guidelines/interpretations - 69(2)
- Publish any Part 5 guidelines/interpretations - 69(3)
- Categorize all substances on the DSL by September 2006 - 73(1)
- Conduct screening assessments, as dictated by categorization exercise - 74
- Cooperate and develop procedures with other jurisdictions to exchange information - 75(2)
- Review prohibitions/restrictions by other jurisdictions - 75(3)
- Compile and publish a Priority Substances List (PSL) - 76(1); 76(6)
- Offer to consult with provinces / Aboriginal governments on PSL - 76(2)
- Respond to requests for additions to PSL within 90 days - 76(4)
- Apply a weight of evidence approach and the precautionary principle during screening assessments, when reviewing decisions of other jurisdictions and when assessing PSL substances - 76.1
- For substances declared toxic or capable of becoming toxic, the Minister must publish the "measure" the Minister proposes to take and a summary of the scientific considerations - 77(1)
- Recommend addition to List of Toxic Substances where criteria in 77(3) are met - 77(3)
- Propose implementation of virtual elimination for substances recommended for the List of Toxic Substances, if criteria in 77(4) are met - 77(4)
- Publish summary of screening assessment and proposed measure and make assessment publicly available - 77(6)
- Publish summary of review of decisions taken in other jurisdictions and proposed measure and make review publicly available - 77(6)
- Publish summary of PSL risk assessment and proposed measure and make assessment publicly available - 77(6)
- If a substance is recommended for addition to the List of Toxic Substances, the Minister must also publish a statement indicating the manner in which the Minister intends to develop a proposed regulation or instrument - 77(6c)
- Make a recommendation for an order to add the substance to the List of Toxic Substances - 77(9)
- Publish notice when determining that new or additional information is required to assess whether a substance specified on the PSL is capable of becoming toxic - 78 (2)
- Require designated parties to prepare plans for substances on the Virtual Elimination List - 79(1)
- Publish name of anyone granted a waiver with respect to new substances - 81(9)
- Assess information provided with respect to new substances within specified time frames - 83(1)
- Assess information compulsorily gathered - 83(2) and give notification of extensions and termination 83 (5) and 83 (6)
- Publish notice of any conditions/prohibitions concerning new substances - 84(5)
- Add new substances to DSL if conditions in 87(1) and / or 87 (5) met
- Give priority to pollution prevention actions for those substances on the List of Toxic Substances - 90(1.1)
- Develop a proposed regulation or instrument within two years of recommendation for adding a substance to the List of Toxic Substances - 91(1)
- Specify dates on which preventative or control actions for implementation of virtual elimination are to take place -91 (2), take into account information on analytical methods and information provided in plans for determining level of quantification - 91(3), and take into account other relevant factors and information - 91(5)
- Publish summary of any additional measures Minister intends with respect to virtual elimination - 91(4)
- Finalize and publish regulation or control instrument within another 18 months - 92(1)
- Provide the committee with the opportunity to advise the Ministers before a regulation is made - 93 (3)
- Publish names of exporters and country of destination for persons exporting substances specified on the Schedule 3 Export Control List.
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6. Animate products of biotechnology |
- Add any substance to the DSL if it meets the criteria in 105(1) - 105(1)
- Publish the DSL and any amendments - 105(3) 105(2)
- Publish the name of any person granted a waiver with respect to animate products of biotechnology - 106(9)
- Assess information provided under 106(1), (3) or (4) and 107(1) within specified time - 108(1); 108(2)
- Publish conditions - 108 (5) and prohibitions - 109 (5) on the manufacture or import of a living organism
- Add a living organism to the DSL and amend the list if criteria in 112(1), 112(2) or 112(4) are met
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7. Controlling pollution and managing wastes |
- Offer to consult with provinces and Aboriginal governments on any release guidelines, codes of practice or environmental objectives to prevent and reduce marine pollution from land-based sources - 121(2)
- Comply with Schedule 6 before issuing permits for disposal at sea - 127(3)
- Consult with foreign states likely to be affected (and the International Maritime Organization by disposal or incineration - 128(5)(a)
- Endeavour to follow recommendations of International Maritime Organization - 128(5)(b)
- Inform the International Maritime Organization of any action under 128 - 128(6)
- Permits shall specify condition - 129(1)
- Permits shall have an expiry date - 129(2)
- Monitor selected sites used for disposal/incineration at sea - 132
- Publish issued permits as soon as possible after issuance or within 30 days before first authorized date - 133(1)
- Offer to consult with provinces and Aboriginal governments on any regulations distinguishing among fuels - 140(4)
- Upon receiving notice of vehicle/engine defect (157(1)), the Minister shall forward full particulars to each government - 157(6)
- May not detain vehicle engine equipment for more than 30 days after completion of tests unless proceedings are initiated - 159(3)
- Act on international air pollution in accordance with 166(2) and 166(3) only if conditions in 166(1) are met.
- Consult with responsible governments and offer them an opportunity to control or correct international air pollution from non-federal sources - 166(2)
- If conditions found in ss. 166(1) or (2) are met, then must either recommend regulations to Governor in Council regarding the international air pollution, or publish a notice for a pollution prevention plan under s. 56(1) – 166(3)
- When recommending regulations, take into account comments and notices of objection - 166(5)
- Advise foreign governments affected by or benefiting from regulations, prior to publication - 168(1)
- Advise foreign governments of any notices of objection - 168(3)
- Publish a report summarizing how written comments were addressed - 168(3)
- Where requesting a plan with respect to international air pollution, try to obtain samples of information from government for the area in which the person is situated - 172(2)
- Take measures to comply with 166 within 90 days of approval from Governor in CounciI - 173(5)
- Report annually on international air pollution administration - 174
- Act on international water pollution in accordance with 176(2) and 176(3) only if conditions in 176(1) are met.
- Consult with responsible governments and offer them an opportunity to control or correct international water pollution from non-federal sources - 176(2)
- If conditions found in ss. 176(1) or (2) are met, then must either recommend regulations to Governor in Council regarding the international water pollution, or publish a notice for a pollution prevention plan under s. 56(1)– 176(3)
- When recommending international water regulations, take into account comments and notices of objection - 176(5)
- Advise foreign governments affected by or benefiting from regulations concerning international water pollution, prior to publication - 178(1)
- Advise foreign governments of any notices of objection - 178(3)
- Publish a report summarizing how written comments on proposed regulations were addressed - 178(3)
- Where requesting a plan with respect to international water pollution, try to obtain samples of information from government for the area in which the person is situated - 182(2)
- Take measures to comply with 176 within 90 days of approval from Governor in Council - 183(5)
- Report annually on administration of international water pollution - 184
- Consult with the government of the jurisdiction of destination before refusing to issue a permit to import - 185(3)
- Publish notification of proposed import, export or transit of hazardous waste - 187
- Publish any information received under 189 - 189(2)
- Publish any issued permits issued under this section for import, export or transit of hazardous waste – 190(4)
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8. Environmental matters related to emergencies |
- Consult with provinces and Aboriginal governments on guidelines and codes of practice respecting environmental emergencies -197(1)
- Publish any guidelines / codes of practice concerning environmental emergencies - 198
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9. Government operations and federal and Aboriginal land |
- Establish objectives, guidelines and codes of practice concerning government operations and federal and Aboriginal lands - 208(1)
- Offer to consult with provinces and Aboriginal governments on guidelines and codes of practice - 208(2)(a)
- Offer to consult with provinces and Aboriginal governments on draft regulations – 209(3)(a)
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10. Enforcement |
- Return any items seized as part of an enforcement investigation within 30 days of seizure, unless proceedings are instituted - 222(2)
- Issue environmental protection order in writing, including items set out in 235(6)(a) - 235(6)(h)
- Before issuing an environmental protection order, provide an oral or written notice and allow a reasonable opportunity for the person to make oral representations - 237(1)
- Order of intent to issue an order shall contain the information specified in 237(2)(a) - 237(2)(c)
- Establish and maintain a roster of review officers - 243
- Appoint one review officer to act as Chief Review Officer - 244(1)
- Publish the roster of review officers - 246
- Include in the Environmental Registry a copy of all agreements and reports referred to in 300(2) and 303(1) - 301
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11. Miscellaneous matters |
- Shall not disclose any information for which a request for confidentiality has been made – 314
- Minister shall give notice of a proposed disclosure under s. 315(1) – 315(2).
- Offer to consult with the provinces and Aboriginal governments on guidelines, programs and other measures for the use of economic instruments developed under s. 322 – 323(1)
- Publish any guidelines, programs or other measures concerning economic instruments – 324
- Consult with any persons or organizations considered to be interested in the matter before making a regulation concerning fees and charges pursuant to s. 328 – 329
- Publish all proposed orders and regulations – 332
- Establish a board of review when a person or government files a notice of objection concerning proposed regulations regarding international air quality or disposal at sea – 333(3)
- Establish a board of review when a person or government files a notice of objection to a proposed regulation under Part 9 or for controlling nutrients – 333(4)
- Establish a board of review when a person files a notice of objection with respect to a failure to make a determination as to whether a substance is toxic – 333(6)
- Make board of review reports publicly available as soon as possible after receipt – 340(2)
- Report to Parliament as soon as possible after the end of each fiscal year – 342
- Include in the annual report a report on research – 342(2)
- Refer administration of the Act to a standing committee of Parliament every five years – 343
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