Consultation - Archived

Proposed Regulations Respecting the Total, Partial and Conditional Prohibition of Certain Toxic Substances

Application

1. These Regulations apply to substances that are both specified on the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 and set out in either Schedule 1 or 2 to these Regulations.

2. (1) These Regulations do not apply to toxic substances that result from incidental production except in relation to the determination of the concentration of toxic substances under paragraph 4(1)(a).

(2) These Regulations do not apply to any toxic substance or product containing a toxic substance that is
(a) for use in a laboratory for analysis or for scientific research; or
(b) designed for use as a laboratory analytical standard.

(3) These Regulations do not apply to any toxic substance contained in
[(a) hazardous wastes regulated under Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999;]
(b) a control product within the meaning of section 2 of the Pest Control Products Act; or
[(c) a fertilizer within the meaning of section 2 of the Fertilizers Act.]

Total Prohibition

3. No person shall manufacture, use, sell, offer for sale or import a toxic substance set out in Schedule 1 or a product containing any such toxic substance.

Partial and Conditional Prohibitions

4. (1) No person shall manufacture, use, sell, offer for sale or import a toxic substance or a product containing a toxic substance if that toxic substance is set out in either
(a) column 1 of Part 1 of Schedule 2 and the concentration of the toxic substance is greater than that set out in column 2; or
(b) column 1 of Part 2 of Schedule 2 and the toxic substance or the product is not designed for a use set out in column 2.

(2) The concentration referred to in paragraph (1)(a) shall be determined [annually(or semi-annually or quarterly)] in accordance with generally accepted standards of scientific practice.

5. (1) Every person that manufactures or imports a toxic substance referred to in paragraph 4(1)(a) in a concentration equal to or less than that set out in column 2 of Part 1 of Schedule 2 in respect of that substance or that manufactures or imports a product containing the substance in such a concentration shall submit to the Minister the information set out in Schedule 3 within three months after the end of the calendar year during which the substance or product was manufactured or imported. [Need to incorporate the name of the products that require reporting]

(2) Every person that manufactures or imports a toxic substance referred to in paragraph 4(1)(b) for one of the uses set out in column 2 of Part 2 of Schedule 2 for that substance or that manufactures or imports a product containing the substance for such a use shall submit to the Minister the information set out in Schedule 4 within three months after the end of the calendar year during which the substance or product was manufactured or imported.

Certification

6.The information referred to in section 5 shall be submitted to the Minister in a form determined by the Minister and accompanied by a certification, dated and signed by the manufacturer or importer, or the person authorized to act on their behalf, that the information is accurate and complete.

Record Keeping

7. (1) Every person that submits to the Minister information under subsection 5(1) shall keep a copy of that information, the certification and any documents supporting the information, including test data, for a period of at least five years beginning on the date of their submission or, in the case of the supporting documents, their creation.

(2) Every person that submits to the Minister information under subsection 5(2) shall keep a copy of that information, the certification and any documents supporting the information for a period of at least five years beginning on the date of their submission or, in the case of the supporting documents, their creation.

(3) The information, certification, supporting documents and test data shall be kept at the person's principal place of business in Canada or, upon notification to the Minister, at any other place in Canada where the information, certification, documents and test data can be inspected.

Repeal

8. The Prohibition of Certain Toxic Substances Regulations, 2003 are repealed.

Coming into Force

9. These Regulations come into force three months after the day on which they are registered.

Schedule 1
(Sections 1 and 3)

Total Prohibition

1. Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane (Mirex)
2. Polybrominated Biphenyls, that have the molecular formula C12H(10-n)Brn in which "n" is greater than 2
3. Polychlorinated Terphenyls, that have the molecular formula C18H(14-n)Cln in which "n" is greater than 2
4. Bis(chloromethyl) ether, that has the molecular formula C2H4Cl2O
5. Chloromethyl methyl ether, that has the molecular formula C2H5ClO
6. (4-Chlorophenyl) cyclopropylmethanone, O-[(4-nitrophenyl)methyl] oxime, that has the molecular formula C17H15ClN2O3
7. N-Nitrosodimethylamine, which has the molecular formula C2H6N2O
8. [DDT (CAS 50-29-3)]

Schedule 2
(Section 1 and subsections 4(1) and 5(1) and (2))

Partial or Conditional Prohibitions

Part 1

Concentration Limits

Part 2

Permitted Uses

Schedule 3
(Subsection 5(1))

Information Related to the Manufacture or Importation of Certain Toxic Substances

1. Information respecting the manufacturer or importer:

(a) name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any; and

(b) name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to act on behalf of the manufacturer or importer.

2. Information respecting each toxic substance and product containing the toxic substance manufactured or imported during a calendar year:

(a) name of toxic substance and the name of the product containing the toxic substance, if applicable;

(b) calendar year;

(c) total quantity manufactured;

(d) total quantity imported;

(e) quantity sold in Canada;

(f) annual [average] concentration;

(g) analytical method used to determine the concentration of the toxic substance; and

(h) analytical method detection limit and instrument detection limit of the equipment used to determine the concentration of the toxic substance.

3. Name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the laboratory that determined the concentration of the toxic substance.

Schedule 4
(Subsection 5(2))

Information Related to the Use of Certain Toxic Substances

1. Information respecting the manufacturer or importer:

(a) name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any; and

(b) name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the person authorized to act on behalf of the manufacturer or importer.

2. Information respecting each toxic substance and product containing the toxic substance manufactured or imported during a calendar year:

(a) name of toxic substance and the name of the product containing the toxic substance, if applicable;

(b) calendar year; and

(c) identification of each proposed use of the toxic substance or the product containing the toxic substance.

Date modified:

2013-08-14