Under Section 75 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), the Ministers of Health and of the Environment shall determine whether a substance is toxic or capable of becoming toxic when the Minister of the Environment has been notified that the substance has been specifically prohibited or substantially restricted for environmental or health reasons by the legislation of another jurisdiction. In this case, the Act refers to other jurisdictions specifically as a government in Canada or the government of a foreign state or a subdivision of a foreign state that is a member of the Organisation for Economic Co-operation and Development.
It should be noted, however, that not all substances prohibited or restricted elsewhere will be examined under Section 75. CEPA 1999 indicates that the Ministers are not required to determine whether such a substance is toxic or capable of becoming toxic if the decision made elsewhere relates to a substance the only use of which in Canada is regulated under another Act of Parliament that provides for environmental and health protection.
Substances meeting these criteria will be assessed to determine if they are toxic or capable of becoming toxic on the basis of a screening assessment of risks to human health and the environment.