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Section 75

Decisions from Other Jurisdictions
(Section 75)

Section 75 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) calls for cooperating and developing information exchange procedures with Canadian provinces and territories and with Member countries of the Organisation for Economic Co-operation and Development (OECD). The procedures focus on the exchange of information on substances that are prohibited or substantially restricted by the legislation of those jurisdictions for environmental or health reasons. In addition, decisions made by these other jurisdictions to prohibit or substantially restrict substances are to be reviewed to determine whether the substances are “toxic” or capable of becoming “toxic” as defined under CEPA 1999. This process is designed to complement the existing process for assessing Priority Substances in Canada as well as the process for categorizing and screening substances on the Domestic Substances List (DSL).

Environment Canada is currently developing recommendations for procedures to exchange information with OECD jurisdictions and with provincial/territorial governments in Canada as well as for the review of decisions made by those jurisdictions. As these recommendations become available, they will be posted on the Existing Substances Division (ESD) web site in order to provide the public/stakeholders with an opportunity to comment on them.

Update on information exchange procedures with OECD countries

An evaluation of the various existing procedures for the exchange of information with OECD countries has been conducted. The recommended approach for the exchange of information with OECD jurisdictions is currently available for public comment:

  • Recommended information exchange procedures for OECD Member countries (HTML, PDF) (NOW AVAILABLE for public comment)
  • Fact sheet on information exchange procedures for OECD Member countries (HTML, PDF)
  • Fact sheet on identifying candidate substances for risk assessment under CEPA 1999 (HTML, PDF)

For paper copies of the Recommended information exchange procedures for OECD Member countries, please send a request to the following email address: ESB.DSE@ec.gc.ca.

Comments on this recommended approach for information exchange should be provided no later than May 21, 2005 – 60 days from posting on ESD web site and can be made using our Comments page.

Update on information exchange procedures with Canadian provinces and territories

An evaluation of the various information exchange procedures available within Canadian provinces and territories for prohibited and restricted substances has been conducted. Recommended procedures for the exchange of information on these substances for Canadian jurisdictions will be posted for public comments on the Existing Substances Division (ESD) web site when available. Following the public comment period, comments will be considered and the recommended approach revised as necessary. The final procedures will then be compiled and posted.

Update on the review of decisions of other jurisdictions (subsection 75(3))

An approach for reviewing decisions made by other jurisdictions to prohibit or substantially restrict substances is currently being investigated. Following the evaluation, a draft recommended approach will be published on the Existing Substances Divison (ESD) web site and made available for public comment. Following the public comment period, comments will be considered and the recommended approach revised as necessary. The final approach will then be compiled and posted.


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