I approach this from two minds. The risk assessment side of me strongly favours the hazard-based approach. I was one of the authors of the notion of inherent toxicity in the existing act. The other side of me was one of the contributors to the ultimately successful factum in the Hydro-Québec case, in which we struggled with this a lot in terms of where the threshold fell for a definition of toxicity and what then would qualify as a legitimate target for the federal criminal law power.
I haven't resolved that dilemma yet. On the one hand, I would prefer a much more precautionary and hazard-based approach versus being unsure about what it would do to the jurisdictional basis of the regulation of toxic substances if, in effect, you changed that threshold from the combination of hazard and exposure to just hazard. I don't know the answer to that, and I'll just leave that on the table.