Examples of New Activity Notice in a sentence
It is the responsibility of the users of the substance to be aware of and comply with the Significant New Activity Notice and to submit a Significant New Activity notification to the Minister prior to the commencement of a significant new activity associated with the substance.
Under section 86, in circumstances where a Significant New Activity Notice is issued for a new substance, it is the responsibility of every person who transfers the physical possession or control of the substance to notify all persons to whom the possession or control is transferred of the obligation to comply with the Significant New Activity Notice and of the obligation to notify of any new activity and all other information as described in the notice.
The notice indicates by inclusion or exclusion the significant new activities in relation to the substance in respect of which subsections 81(4) or 106(4) apply (see subsections 85(3) and 110(3)).Once a substance or organism is placed on the DSL, the subsection 85(4)/110(4) Significant New Activity Notice ceases to apply.
The Significant New Activity Notice sets out the appropriate information that must be provided to the Minister for assessment prior to the commencement of a new activity as described in the Significant New Activity Notice.
The Act should be clear that where a pre-DSL Significant Activity Notice is issued under subsection 110(1)/85(1) and an organism or substance is subsequently added to the DSL, the Minister must publish a Significant New Activity Notice that is at least as protective of the environment as the pre-DSL Notice.
Depending on the wording of the Significant New Activity Notice, persons may effectively be permitted to “use” adult organisms to create eggs/offspring without triggering the duty to notify the Ministers of an intent to manufacture pursuant to section 106(1).Case Study – AAS SNAcThe Significant New Activity Notice in relation to AquAdvantage Salmon published November 23, 2013 permits a range of “uses” of the organism.
The public has no way of knowing that a given substance or living organism is being assessed by government until the assessment is completed and the substance is placed on the DSL or the Ministers take steps to regulate the manufacture, import, or use of the substance or organism using tools under subsections 84(1) or 109(1) or through the issuance of a Significant New Activity Notice under subsections 85(1) or 110(1).
Under the current Act, there are no explicit constraints on the Minister’s discretion as to whether to issue a Significant New Activity Notice once that substance or organism is placed on the DSL (see subsections 87(3) and 112(3)).
A Significant New Activity Notice does not constitute an endorsement from Environment Canada of the substance to which it relates or an exemption from any other laws or regulations that are in force in Canada and that may apply to this substance or activities involving the substance.
The Ministers would not disclose whether or not a risk assessment of AAS was being conducted, so the first time the public became aware of the review was in November 2013 when a Significant New Activity Notice was published in the Canada Gazette setting out a range of approved uses of the organism.One way to improve these parts of CEPA would be to require notice in the Canada Gazette when a person submits a notification under subsections 81(1) or 106(1).