Prohibition of Certain Toxic Substances

Act: Canadian Environmental Protection Act, 1999, c. 33.
Regulation: Prohibition of Certain Toxic Substances Regulations, 2005, SOR/2005-41 and SOR/2006-279 (SOR/96-237 and SOR/2003-99 are abrogated)

To Whom Does This Apply?

Manufacturers, importers, users, distributors of substances listed in the Schedules 1 and 2 of the Regulations.

Eligible Activities

Import, manufacture, use, sale or offer for sale of toxic substances listed in Schedule 1 and 2 of the Regulations.

Summary

The Canadian Environmental Protection Act, 1999 (CEPA 1999) is an Act respecting the protection of the environment, human life and health. Its twelve parts include powers and provisions to:

• undertake environmental research and data gathering;
• develop objectives, guidelines and codes of practice for industry and business;
• regulate toxic substances, new substances, wastes and fuels;
• regulate nutrients;
• regulate animate products of biotechnology;
• regulate the environmental effects of federal operations;
• regulate international air pollution and ocean dumping; and
• enforce regulations including agreements with provinces and territories.

Environment Canada administers the Act on behalf of the federal government, and develops regulations and guidelines jointly with Health Canada.

The Prohibition of Certain Toxic Substances Regulations, 2005 prohibit the manufacture, use, sale, offer for sale and import of the toxic substances listed in Schedules 1 and 2 of the Regulations. Schedule 1 lists prohibited toxic substances subject to total prohibition, with the exception of incidental presence. Schedule 2 includes toxic substances that are subject to prohibitions related to concentration or use. The regulations contain a permit system for granting temporary exemptions to prohibitions where it is identified that a transition period will be required to find or implement alternatives to toxic substances.

Products Affected

Substances listed in Schedules 1 and 2 of the Regulations.

Requirements

A person or company shall not manufacture, import, use, sell or offer for sale a toxic substance listed in the Schedules 1 and 2 of the Regulations.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Manitoba Contact(s):
See National Contact.

 

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National Contact(s):
Chemicals Management Division
Environmental Stewardship Branch
Environment Canada
Place Vincent Massey
351 Saint-Joseph Boulevard
Gatineau, Quebec  K1A 0H3
Telephone: 819-997-1640
Fax: 819-997-7121
E-mail: RiskManagementPrograms@ec.gc.ca
Web site: http://www.ec.gc.ca/envhome.html