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Part I - Canada's Draft National Implementation Plan for the Stockholm Convention
Chapter 3: Measures to reduce or eliminate releases from intentional production and use
Article 3 of the Convention obligates Parties to prohibit and/or take the legal and administrative measures necessary to eliminate the production, use, export and import of POPs that are intentionally produced. Restrictions on production and use are applicable for DDT, which is an important control for malarial outbreaks. The reader is referred to the text of the Convention (Part III of this document) for the full text of Article 3.
The following table provides a summary of the status of management actions for each of these intentionally produced chemicals in Canada. The table demonstrates that Canada has already taken action to prohibit and/or take the legal and administrative measures necessary to eliminate the production and use of all of the intentionally produced chemicals under the Stockholm Convention.
|Aldrin||Pesticide, Registration Discontinued, 1990|
|Chlordane||Pesticide, Registration Discontinued, 1998|
|DDT(+DDD+DDE)||Pesticide, Registration Discontinued, 1985|
|Dieldrin||Pesticide, Registration Discontinued, 1990|
|Endrin||Pesticide, Registration Discontinued, 1990|
|Heptachlor||Pesticide, Registration Discontinued, 1985|
|Hexachlorobenzene (HCB)||Pesticide, Registration Discontinued, 1976|
Chemical, Prohibited under CEPA1999
|Mirex||Pesticide, Never Registered|
Chemical, Never Used in Canada, Prohibited11 under CEPA 1999
|PCBs||Industrial Chemical, Prohibited and Use Restricted to Specified Equipment under CEPA 1999|
|Toxaphene||Pesticide, Discontinued, 1982|
3.1 Summary of obligations
Article 3 and Annexes A and B of the Convention obligate Parties to do the following:
3.1.1 Prohibit and/or take the legal and administrative measures necessary to eliminate:
3.1 (a) Prohibit and/or take the legal and administrative measures necessary to eliminate:
(i) Its import and use of the chemicals listed in Annex A subject to the provisions of that Annex
- Annex A chemicals as of the date of entry into force of the Convention are aldrin, chlordane, dieldrin, endrin, heptachlor, hexachlorobenzene (HCB), mirex, toxaphene and PCBs
3.1.2 Restrict production and use of specific chemicals; DDT as of the date of entry into force of the Convention
3.1 (b) Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.
- the only chemical listed in Annex B as of the date of entry into force of the Convention is DDT
3.1.3 Prohibit and/or take the legal and administrative measures necessary to eliminate import and export, except in specified situations
3.1 (a) Prohibit and/or take the legal and administrative measures necessary to eliminate:
(ii) Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2
- the provisions of paragraph 2 of Article 3 of the Convention relate to, circumstances when imports and exports are allowed, as follows:
3.2 Each Party shall take measures to ensure:
- That a chemical listed in Annex A or Annex B is imported only:
- For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6; or
- For a use or purpose which is permitted for that Party under Annex A or Annex B;
That a chemical listed in Annex A for which any production or use specific exemption is in effect or a chemical listed in Annex B for which any production or use specific exemption or acceptable purpose is in effect, taking into account any relevant provisions in existing international prior informed consent instruments, is exported only:
- For the purpose of environmentally sound disposal as set forth in paragraph 1 (d) of Article 6;
- To a Party which is permitted to use that chemical under Annex A or Annex B; or
- To a State not Party to this Convention which has provided an annual certification to the exporting Party. Such certification shall specify the intended use of the chemical and include a statement that, with respect to that chemical, the importing State is committed to:
a. Protect human health and the environment by taking the necessary measures to minimize or prevent releases;
b. Comply with the provisions of paragraph 1 of Article 6; and
c. Comply, where appropriate, with the provisions of paragraph 2 of Part II of Annex B.
The certification shall also include any appropriate supporting documentation, such as legislation, regulatory instruments, or administrative or policy guidelines. The exporting Party shall transmit the certification to the Secretariat within sixty days of receipt.
- Article 6, paragraph 1(d) includes specific obligations for each Party to take appropriate measures related to such wastes, including products and articles upon becoming wastes. Canada's actions with respect to this Section are addressed in Chapter 6 of this Plan.
3.1.4 Aim to prevent the production and use of new pesticides or industrial chemicals exhibiting characteristics of POPs
3.3 Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial chemicals shall, take measures to regulate with the aim of preventing the production and use of new pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of Annex D, exhibit the characteristics of persistent organic pollutants.
3.1.5 Take Stockholm Convention characteristics into consideration when assessing chemicals in use
3.4 Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicals shall, where appropriate, take into consideration within these schemes the criteria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial chemicals currently in use.
- Annex D details the information requirements and screening criteria for Parties wishing to submit a proposal to list a chemical under the Convention. The Annex lists criteria for persistence, bio-accumulation, long-range environmental transport and adverse effects.
3.2 Prohibit and/or take legal and administrative measures necessary to eliminate production and use of Annex A chemicals
3.2.1 Current Actions regarding the elimination of production and use of Annex A chemicals
There are eight pesticides identified for elimination of production and use under the Stockholm Convention: aldrin; chlordane; dieldrin; endrin; heptachlor; HCB (also used as an industrial chemical); mirex and toxaphene. These eight pesticides have never been produced in Canada. They are all targeted for management as Track 1 substances under the federal TSMP, with the objective of virtual elimination. Under the PCPA, there are no registered uses for these eight pesticides. Unless registered, a pesticide may not be imported, sold or used in Canada. Unregistered pesticides are refused entry into Canada and returned to the exporter.
Since none of the Stockholm Convention POPs pesticides are registered in Canada, their sale or use is a violation of the PCPA, and there are mechanisms under CEPA 1999 to prohibit their export for commercial purposes.
Annex A chemicals include the industrial chemicals hexachlorobenzene (HCB), mirex and PCBs. HCB and mirex are identified for management as Track 1 substances under the federal TSMP, and targeted for virtual elimination. HCB is also included on the List of Toxic Substances, in Schedule 1 of CEPA 1999. Regulations under CEPA 1999 prohibit the manufacture and use of HCB and mirex.
The Production and Use of PCBs
The remaining class of POPs identified in Annex A of the Convention is PCBs. The Convention sets out a specific regime for PCBs, obligating Parties to eliminate their production and to end their use in equipment by a specified time deadline. PCBs are included on the List of Toxic Substances, in Schedule 1 of CEPA 1999. The manufacture, import and sale of PCBs in Canada have been prohibited and their use restricted since 1977 and additionally through CEPA regulations that came into effect in 1991.
The Convention exempts all articles in use, while under Annex A, Part II, requiring the following commitments related to the production and use of PCBs:
- make determined efforts to eliminate the use of PCBs in equipment by 2025:
Annex A, Part II
(a) (i) Make determined efforts to identify, label and remove from use equipment containing greater than 10 per cent polychlorinated biphenyls and volumes greater than 5 litres;
(a) (ii) Make determined efforts to identify, label and remove from use equipment containing greater than 0.05 per cent polychlorinated biphenyls and volumes greater than 5 litres;
(a) (iii) Endeavour to identify and remove from use equipment containing greater than 0.005 percent polychlorinated biphenyls and volumes greater than 0.05 litres;
- promote measures to reduce exposure and risk to control the use of PCBs. Note that the export and import of PCBs wastes is addressed in Chapter 6.
Annex A, Part II
(b) (i) Use only in intact and non-leaking equipment and only in areas where the risk from environmental release can be minimised and quickly remedied;
(b) (ii) Not use in equipment in areas associated with the production or processing of food or feed;
(b) (iii) When used in populated areas, including schools and hospitals, all reasonable measures to protect from electrical failure which could result in a fire, and regular inspection of equipment for leaks;
(c) Notwithstanding paragraph 2 of Article 3, ensure that equipment containing polychlorinated biphenyls, as described in subparagraph (a), shall not be exported or imported except for the purpose of environmentally sound waste management;
- not allow recovery of liquids with a PCBs content above 50 ppm
Annex A, Part II
(d) Except for maintenance and servicing operations, not allow recovery for the purpose of reuse in other equipment of liquids with polychlorinated biphenyls content above 0.005 per cent
- endeavour to identify and manage other articles containing PCBs
Annex A, Part II
(f) In lieu of note (ii) in Part I of this Annex, endeavour to identify other articles containing more than 0.005 per cent polychlorinated biphenyls (e.g., cable-sheaths, cured caulk and painted objects) and manage them in accordance with paragraph 1 of Article 6;
Current regulations under CEPA 1999 limit the concentrations of PCBs in products or the quantities that may be released. The regulations:
- set a maximum concentration of 50 parts per million by weight of PCBs that may be contained in products and equipment at the time they are imported, manufactured or offered for sale.
- restrict the use of PCBs to specified equipment.
- set a one gram per day limit on the amount of PCBs that may be released into the environment in the course of commercial, manufacturing and processing activities involving specified equipment, and fifty parts per million by weight as general release prohibition, except for road oiling purposes, where the limit is five parts per million.
3.2.2 Proposed Actions or Processes to Consider Future Actions regarding the elimination of production and use of Annex A chemicals
The new PCPA prohibits the manufacture of unregistered pesticides (anticipated to come into force in late 2005, early 2006), providing the authority to eliminate, prevent or restrict the production of pesticides listed in Annex "A", none of which are registered for use in Canada.
The new PCPA will improve health and environment protection, strengthen post-registration control of pesticides, and make the registration process more transparent. The registration of new pesticides will continue be consistent with the TSMP, taking into account risks due to persistence, bioaccumulation and toxicity. A substance's potential for long-range transport is also considered. Existing pesticides will be subject to mandatory adverse effects reporting, sales data reporting, and periodic re-evaluation. Furthermore, the new PCPA will provide (a) increased flexibility to initiate a special review if there are reasonable grounds to believe that risks are unacceptable, and (b) the power to impose export restrictions.
The Prohibition of Certain Toxic Substances Regulations, 2003, a regulation made under CEPA 1999 prohibits HCB and set a maximum contamination level originating from its incidental presence. Canada is currently considering additional amendments to these regulations and has conducted public consultations related to these changes. The proposed Prohibition of Certain Toxic Substances Regulations, 2005 will introduce new reporting and record-keeping requirements that apply to HCB and that will assist with enforcement and compliance efforts. These requirements also will provide Environment Canada with data on the use of HCB in the market, which is critical to meeting the objective of virtual elimination from the environment of the substance.
Environment Canada is currently revising its PCBs regulatory framework. Work underway is to develop new PCBs regulations to replace the Chlorobiphenyls Regulations and the Storage of PCBs Material Regulations. While incorporating most of the current requirements, the proposed regulation will establish specific time deadlines to end the uses and storage of PCBs and includes new provisions for monitoring the disposal of PCBs currently in use.
3.3 Restrict the production and use of Annex B chemicals (DDT)
DDTis the only substance identified in the Convention for restricted production and use. Production and use are allowed for disease vector control, and production is allowed when DDT is used as an intermediate in the production of dicofol or as a closed-system site-limited intermediate that is chemically transformed in the manufacture of other chemicals that do not exhibit the characteristics of POPs.
The use restrictions for DDT recognize the value of DDTfor public health protection (e.g., vector control to prevent malaria and encephalitis) and it is therefore allowed in certain applications. Annex B, Part II stipulates that:
Each Party that produces and/or uses DDTshall restrict such production and/or use for disease vector control in accordance with the World Health Organization recommendations and guidelines on the use of DDT and when locally safe, effective and affordable alternatives are not available to the Party in question.
3.3.1 Current Actions regarding DDT
In Canada, DDT has been identified for management as a Track 1 substance under the TSMP, and is targeted for virtual elimination.
DDTwas first registered in 1946 and used in Canada to control insect pests in crops as well as in domestic and industrial applications. DDT was never manufactured in Canada. In response to environmental and safety concerns, most uses of DDT were phased out by the mid-1970s. Registration of all remaining pesticidal uses of DDT was discontinued in 1985, although existing stocks could be sold, used or disposed of until December 31, 1990. After that date, any sale or use of DDT in Canada represented a violation of the PCPA.
Pesticides that are not legally registered in Canada are refused entry and returned to the exporter. In addition, exports of DDTwould be subject to notification under CEPA 1999. No such notifications have been received.
3.3.2 Proposed Actions or Processes to Consider Future Actions regarding DDT
Canadians currently benefit from a marketplace that does not include DDT. There are no known insecticidal or industrial uses. Its use as an intermediary is not permitted under Canadian legislation and dicofol is not produced in Canada.
DDTis listed on the Domestic Substances List (DSL), the Canadian inventory of substances in commerce in Canada. In 2004, DDT was proposed for addition to the CEPA 1999 List of Toxic Substances and the Prohibition of Certain Toxic Substances Regulations, 2005. The proposed prohibition on the manufacture, use, sale, offer for sale, and import is intended to ensure that the current situation does not change and that there will be no future uses of DDT in Canada. This prohibition would apply to non-pesticidal uses only. (There are no registered uses for DDT under the PCPA.) It is anticipated that the Prohibition of Certain Toxic Substances Regulations, 2005 will be finalized in early 2005.
3.4 Prohibit and/or take legal and administrative measures necessary to eliminate import and export of the chemicals listed in Annex A and Annex B
Article 3.2 obligates Parties to ensure that chemicals listed in Annex A or Annex B are:
- imported only for the purpose of environmentally sound disposal or for a use or purpose permitted for the Party under either Annex.
- exported only for the purpose of environmentally sound disposal, to a Party that has a permitted use of the chemical under either of the Annexes or to a non-Party that certifies that it is committed to comply with certain provisions of the Stockholm Convention.12
3.4.1 Current Actions regarding the import and export of Annex A and Annex B chemicals
Annex A: Unless registered under the PCPA, no pesticide may be imported into Canada. None of the pesticides listed in Annex A or Annex B are registered under that Act. Pesticides that are not legally registered in Canada are refused entry and returned to the exporter. Canada has no remaining stockpiles of these pesticides, and they are not manufactured in Canada. Therefore, export of these substances does not occur. Furthermore, there are mechanisms under CEPA1999to prohibit their export for commercial purposes.
Under CEPA 1999 regulations, import of the industrial chemicals HCB and mirex is prohibited. The import of DDT as an industrial chemical was proposed for import prohibition in 2003/04, under CEPA 1999 regulations. The import of waste containing PCBs is controlled under CEPA 1999 regulations.
As the manufacture, use, sale, offer for sale and import of HCB and mirex are prohibited in Canada, there is no practical way that export of these substances from Canada can occur. In addition, HCB and mirex are subject to the export of substances provisions of CEPA 1999. These provisions give the Minister of the Environment prior notice of any proposed export, provide the authority to impose conditions on their export, and limit the export of mirex to exports for the purpose of destruction.
PCBs: PCBs are not manufactured in Canada and stockpiles are strictly controlled by federal, provincial and territorial regulations. As is the case with HCB and mirex, PCBs are subject to the export of substances provisions of CEPA 1999. Additional information on Canada's actions with respect to the export of PCBsas waste in included in Chapter 6 of this NIP.
Annex B: Pesticides that are not legally registered in Canada are refused entry and returned to the exporter. In addition, exports of DDT for non-pesticidal purposes would be subject to notification under the CEPA 1999, and no such notifications have been received.
3.4.2 Proposed Actions or Processes to Consider Future Actions regarding the import and export of Annex A and Annex B chemicals
As noted in 3.3.2 above, DDT has been proposed for addition to the proposed Prohibition of Certain Toxic Substances Regulations, 2005. Environment Canada anticipates that the final regulations will be published in early 2005.
3.5 Take measures to regulate with the aim of preventing the production and use of new chemicals and pesticides which, taking into consideration criteria in Annex D, exhibit the characteristics of persistent organic pollutants.
Article 3, Paragraph 3 of the Convention states:
Each Party that has one or more regulatory and assessment schemes for new pesticides or new industrial chemicals shall take measures to regulate with the aim of preventing the production and use of new pesticides or new industrial chemicals which, taking into consideration the criteria in paragraph 1 of Annex D, exhibit the characteristics of persistent organic pollutants.
Canada has regulatory and assessment schemes for new pesticides and new industrial chemicals, under the PCPA and CEPA 1999, respectively.
3.5.1 Current Actions regarding New Chemicals and Pesticides
Toxic Substances Management Policy (TSMP)
The federal TSMP establishes criteria to identify Track 1 substances targeted for virtual elimination. Both CEPA 1999 and the PCPA apply these criteria in their assessment schemes as key criteria for identifying substances for which manufacture and/or use are not acceptable in Canada. Substances meeting the persistence, bioaccumulation, toxicity and primarily the result of human activity criteria under the TSMP may be prohibited from import or use.
Before making a registration decision regarding a new pest control product, the PMRA conducts a comprehensive assessment of the risk and value specific to the proposed use. The value assessment considers whether the use of the product contributes to pest management, and if the application rates are the lowest they can be while still effectively controlling the target pest. The risk assessment considers the inherent toxicity, persistence and bioaccumulative nature of the pest control product. It addresses human health and environmental concerns and, for each of these, considers the possible hazards associated with the product as well as the degree to which humans and the non-target environment may be exposed. Pesticides cannot be used until assessments are complete and substances registered. The registration may identify acceptable uses, and therefore prohibit all other uses, or determine that no uses are acceptable. Additional information is available on the PMRA website.
Under the New Substances Notification regime established by CEPA 1999, all "new" chemicals must undergo an assessment to determine if they are "toxic" to the environment or human health. Substances that are not on the Domestic Substances List (Canada's inventory of chemicals in use) are considered to be new to Canada. When Environment Canada receives a new substance notification from a company or individual proposing to import or manufacture a new substance, a joint assessment process is carried out by the Departments of Environment and Health to determine the potential adverse effects of the substance on the environment and/or human health.
Substances suspected of being toxic may be controlled by one of the measures laid out in CEPA 1999, including:
- controls on import and manufacture;
- the prohibition of import and manufacture;
- prohibition pending submission and assessment of additional information determined to be required; or
- conditions respecting significant new activities involving the substance.
Additional information about the NSNR is available on-line.
3.5.2 Proposed Actions or Processes to Consider Future Actions regarding New Chemicals and Pesticides
Canada will continue its current programs related to new pesticides and chemicals, improving them as warranted, and will continue leadership and participation in international fora related to the assessment of substances and the science that informs decision-making about their risks and hazards.
3.6 Take into consideration within assessment schemes for pesticides and chemicals in use the criteria in Annex D when conducting assessments of pesticides.
The Convention requires Parties with an existing regulatory and assessment scheme for pesticides to, where appropriate, take into consideration within these schemes the criteria in Annex D when conducting assessments of pesticides and chemicals currently in use. Article 3, Paragraph 4 states:
Each Party that has one or more regulatory and assessment schemes for pesticides or industrial chemicals shall, where appropriate, take into consideration within these schemes the criteria in paragraph 1 of Annex D when conducting assessments of pesticides or industrial chemicals currently in use.
3.6.1 Current Actions regarding pesticides and chemicals in use
Approximately 550 pesticide active ingredients and their end-use products are currently registered in Canada13. In 2001, Canada's PMRA issued a regulatory directive on re-evaluation. Re-evaluation is the review of pesticide active ingredients and their end-use products on the basis of updated data and information to determine whether, and under what conditions, their continued registration is acceptable. The Directive stated that re-evaluations would take into account the TSMP. The PMRAis currently re-evaluating pesticides registered before January 1, 1995. As of September 30, 2004, decisions had been made on 159 active ingredients.14
Canada complies with the obligation to assess industrial chemicals in use under CEPA 1999 which requires categorization of all substances on the Domestic Substance List15 by September 14, 2006 and establishes criteria for the evaluation of existing substances. Section 64 of CEPA1999provides specific criteria for assessing toxic substances, as well as requiring a review of the decisions of other jurisdictions.
The TSMP is the overarching policy directive for the assessment of existing substances. Track 1 criteria of the TSMP are either identical or very similar to the POPs criteria of the Convention, and meet the "taking into consideration" requirement.
3.6.2 Proposed Actions or Processes to Consider Future Actions regarding pesticides and chemicals in use
The new PCPA will require re-evaluations of pesticides be initiated no longer than 15 years after the most recent major decision with respect to registration, reevaluation or special review. These pesticides may be removed from the market if required data are not supplied by pesticide companies or if they are determined to pose risks to the environment or human health.
By 2006, Environment Canada and Health Canada are required to categorize all substances listed on the DSL with respect to their persistence, bioaccumulation and inherent toxicity and exposure to humans. Substances that meet these criteria will subsequently be subject to screening level assessments, using criteria established in Persistence and Bioaccumulation Regulations under CEPA1999. This may result in additional chemicals being identified as meeting POPscriteria established under CEPA 1999 and/or the Stockholm Convention.
11 Under CEPA 1999, prohibition regulations prohibit the manufacture, import, use, process, sale and offer for sale of certain toxic substances.
12 See Section 3.1 for the Convention's legal text with respect to these obligations.
13 On November 2, 2004, the Pest Management Information Service noted that there are 535 registered ingredients and use-use products.
14PMRAreport to the Standing Committee on Agriculture and Agri-Food, November 25, 2004.
15 The Domestic Substances List under CEPA 1999 is an inventory of approximately 23,000 substances manufactured in, imported into, used or in commerce in Canada.
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