Consultation document: proposed risk management for non-pesticidal uses of tributyltin: annex A


Annex A: Summary on the Prohibition of Certain Toxic Substances Regulations

The existing Prohibition Regulations prohibit the manufacture, use, sale, offer for sale and import of the substances listed in Schedule 1 and 2 to the Regulations. Sections of these regulations are briefly outlined below. The full text of the Prohibition Regulations is available on the CEPA Registry website.

Application

Section 1 sets out the application of the Regulations applicable to the toxic substance listed in Schedule 1 and 2 of these Regulations.

Exceptions

Sections 2 and 3 describe the exemptions to the prohibitions that are permitted. It must be noted that paragraph 2(b) states that these Regulations do not apply notably to toxic substances contained in a control product within the meaning of section 2 of the Pest Control Products Act (i.e. a pesticide regulated under the PCPA).

Prohibitions

Sections 4 and 5 set out the prohibition for manufacture, use, sale, offer for sale or import of a toxic substance (listed in Schedule 1 and 2) or a mixture or product containing that substance. It must be noted that section 4 indicates that no person shall manufacture, use, sale, offer for sale or import a toxic substance set out in Schedule 1 or a mixture or product containing any such toxic substance unless the substance is incidentally present.

Permit and Administrative Requirements

Sections 6 to 10 are related to the permit system established to allow the manufacture, use, sale, offer for sale or import of a toxic substance or a mixture or product containing such a substance referred to in either section 4 or 5. Those sections describe conditions of issuance of a permit, revocation provisions, reporting requests, laboratory testing requests, the format of a submission and record keeping. Sections 11 and 12 are administrative in nature.

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