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The federal government also maintains aPriority Substances List and a DomesticSubstances List under CEPA. The PrioritySubstances List contains those substancesdeemed to be, or to have the potential ofbecoming, toxic. These substances aresubject to assessment and investigation inorder to determine if they are toxic andhence should be added to the ToxicSubstances List. The competent ministersare responsible for compiling and amendingthe list, although any person may requestfor an addition to the Priority SubstancesList.The Domestic Substances List identifieschemical and biotechnical substancescurrently used in Canada. Before newsubstances (i.e. substances not included onthe Domestic Substances List) can beimported into Canada, manufacturers andimporters must notify the federalgovernment and provide detailedinformation concerning the nature of thesubstance, including its intended use, safetydata and hazard identification. With that inmind, businesses intending to introduce anew substance into the Canadianmarketplace should provide for sufficientlead time.In the event of an unlawful release of a toxicsubstance, CEPA requires persons andorganizations to immediately report therelease and to take all reasonableemergency measures to contain the spill.These obligations are triggered when thereis a release or there appears to be areasonable likelihood of a release of thesubstance into the environment.Transportation of Dangerous Goods andHazardous WastesThe federal government and the provincialgovernments have effectively harmonizedtheir approach to the transportation ofdangerous goods. Generally, provincialstandards that govern the transportation ofdangerous goods within the provinceincorporate the federal Transportation ofDangerous Goods Act, 1992 (“TDGA”) byreference. That being said, businessesinvolved in the transport of dangerousgoods should be aware of both federal andprovincial laws.When dangerous goods are transportedwithin Canada the federal TDGA applies.The TDGA does not expressly define“dangerous goods” but classifiessubstances into various classes ofcompounds listed in its accompanyingschedules. Any substance listed in theschedules is designated as beingdangerous.Dangerous goods include explosives,compressed gases, poisons, flammable andcombustible liquids and solids, nuclearsubstances, oxidizing substances, toxic andinfectious substances, radioactive materials,corrosives and various miscellaneousproducts provided for in the regulations. Thekey requirement under the TDGA is thatprescribed safety standards be compliedwith when transporting dangerous goods.Pursuant to CEPA, the InterprovincialMovement of Hazardous Waste Regulationslist special shipping requirements for thetransportation of hazardous wastes. Aprescribed “waste manifest” must becompleted by the shipper, the carrier andEnvironmental Law 110

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