The Act: Table of Contents: Part 5: Information Gathering

Part 5: Controlling Toxic Substances - Information Gathering

Notice to the Minister

70. Where a person

(a) imports, manufactures, transports, processes or distributes a substance for commercial purposes, or

(b) uses a substance in a commercial manufacturing or processing activity,

and obtains information that reasonably supports the conclusion that the substance is toxic or is capable of becoming toxic, the person shall without delay provide the information to the Minister unless the person has actual knowledge that either Minister already has the information.

Notice requiring information, samples or testing

71. (1) The Minister may, for the purpose of assessing whether a substance is toxic or is capable of becoming toxic, or for the purpose of assessing whether to control, or the manner in which to control, a substance, including a substance specified on the List of Toxic Substances in Schedule 1,

(a) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the substance to notify the Minister that the person is or was during that period engaged in that activity;

(b) publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person who is described in the notice to provide the Minister with any information and samples referred to in subsection (2) that may be in the person's possession or to which the person may reasonably be expected to have access; and

(c) subject to section 72, send a written notice to any person who is described in the notice and who is or was within the period specified in the notice engaged in any activity involving the importation or manufacturing of the substance or any product containing the substance requiring the person to conduct toxicological and other tests that the Minister may specify in the notice and submit the results of the tests to the Minister.

Contents of notice

(2) A notice sent under paragraph (1)(b) may require any information and samples, including

(a) in respect of a substance, available toxicological information, available monitoring information, samples of the substance and information on the quantities, composition, uses and distribution of the substance and products containing the substance; and

(b) in respect of a work, undertaking or activity, plans, specifications, studies and information on procedures.

Compliance with notice

(3) Every person to whom a notice referred to in any of paragraphs (1)(a) to (c) is directed or sent shall comply with the notice within the time specified in the notice.

Extension of time

(4) Despite subsection (3), the Minister may, on request in writing from any person to whom a notice referred to in paragraph (1)(a), (b) or (c) has been sent, extend the time or times within which the person shall comply with the notice.

1999, c. 33, s. 71; 2001, c. 34, s. 29(F).

Exercise of power under paragraph 71(1)(c)

72. The Minister may not exercise the power under paragraph 71(1)(c) in relation to a substance unless the Ministers have reason to suspect that the substance is toxic or capable of becoming toxic or it has been determined under this Act that the substance is toxic or capable of becoming toxic.