Vol. 152, No. 4 — February 21, 2018
Registration
SOR/2018-11 February 2, 2018
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
P.C. 2018-51 February 2, 2018
Whereas, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment published in the Canada Gazette, Part I, on October 1, 2016, a copy of the proposed Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 (see footnote c) of that Act;
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to section 89, subsection 93(1) and section 114 of the Canadian Environmental Protection Act, 1999 (see footnote d), makes the annexed Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999.
Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999
Contaminated Fuel Regulations
1 The long title of the Contaminated Fuel Regulations (see footnote 1) is replaced by the following:
Contaminated Fuel Regulations
2 Section 1 of the Regulations and the heading before it are repealed.
3 Section 4 of the Regulations is amended by adding the following after subsection (2):
(3) For the purposes of subsection (2), appropriate authority means the authority, body or person, of a country that is competent under the laws of that country to authorize the import of contaminated fuel into that country.
4 Subsection 5(1) of the Regulations is amended by striking out “and” at the end of paragraph (j) and by replacing paragraph (k) with the following:
- (k) the class and name of each dangerous good that contaminates the fuel; and
- (l) the purpose for which the contaminated fuel was imported.
5 Section 6 of the Regulations is amended by replacing “inspector” with “enforcement officer”.
Benzene in Gasoline Regulations
6 (1) The definitions auditor and northern supply area in subsection 1(1) of the Benzene in Gasoline Regulations (see footnote 2) are replaced by the following:
auditor means an individual or a firm that is certified, for the purpose of carrying out International Organization for Standardization quality assurance (ISO 14000 or 9000 series) assessments, by the International Register of Certificated Auditors or by any other nationally or internationally recognized accreditation organization. (vérificateur)
northern supply area means Yukon, the Northwest Territories, Nunavut, that part of Quebec that is north of latitude 51°N and that part of Newfoundland and Labrador that is north of latitude 49°N. (zone d’approvisionnement du Nord)
(2) Paragraph (b) of the definition gasoline in subsection 1(1) of the Regulations is replaced by the following:
- (b) a petroleum distillate, or a mixture of petroleum distillates, oxygenates or additives, that is suitable for use in a spark ignition engine and that has the following characteristics, as determined from the applicable test method listed in the National Standard of Canada standard CAN/CGSB-3.5-2016, Automotive gasoline:
- (i) a vapour pressure of at least 35 kPa,
- (ii) an antiknock index of at least 80,
- (iii) a distillation temperature at which 10% of the fuel has evaporated of not less than 35°C and not greater than 70°C, and
- (iv) a distillation temperature at which 50% of the fuel has evaporated of not less than 60°C and not greater than 120°C. (essence)
7 Section 5 of the Regulations is replaced by the following:
5 (1) Subject to subsection 6(1), all samples must be taken in accordance with any one of the ASTM International sampling methods specifically set out in section 7 of the National Standard of Canada standard CAN/CGSB-3.5-2016, Automotive gasoline.
(2) The concentration of benzene and that of aromatics in gasoline referred to in sections 3 and 16 and Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.
(3) Subject to subsection 6(2), the concentration of olefins in gasoline referred to in Schedule 3 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.
(4) The concentration of sulphur in gasoline referred to in Schedule 1 must be measured in accordance with the ASTM International method D5453 - 16e1, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.
(5) The vapour pressure of gasoline at 37.8°C (100°F) referred to in Schedule 1 must be measured in accordance with the ASTM International method D5191 - 15, Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method) and converted to “dry vapor pressure equivalent” as described in that method.
(6) The evaporative fractions of gasoline at 93.3°C (200°F) and 148.9°C (300°F) referred to in Schedule 1 must be measured in accordance with ASTM International method D86 - 17, Standard Test Method for Distillation of Petroleum Products and Liquid Fuels at Atmospheric Pressure.
(7) The concentration of oxygen in gasoline referred to in Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.
(8) The concentration of benzene and that of aromatics in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-2016, Methods of testing petroleum and associated products Standard test method for the identification of components in automotive gasoline using gas chromatography.
(9) The concentration of benzene and that of aromatics in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with ASTM International method D2163 - 14e1, Standard Test Method for Determination of Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene Mixtures by Gas Chromatography.
(10) The concentration of sulphur in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the ASTM International method D5453 - 16e1, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.
(11) The concentration of sulphur in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with the ASTM International method D6667 - 14, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.
8 (1) The portion of subsection 6(1) of the Regulations before paragraph (a) is replaced by the following:
6 (1) When the sampling method specified in subsection 5(1) cannot be reasonably applied, another sampling method may be used by the primary supplier if, at least 60 days before the use of the method, the primary supplier sends the Minister
(2) Paragraphs 6(2)(a) and (b) of the Regulations are replaced by the following:
- (a) the equivalency of the alternative method to the normally applicable method be validated in accordance with the ASTM International method D6708 - 16b, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material, or the ASTM International method D3764 - 15e1, Standard Practice for Validation of the Performance of Process Stream Analyzer Systems; and
- (b) the primary supplier sends the Minister, at least 60 days before using the alternative method, a description of the alternative method and evidence that demonstrates that it provides results equivalent to those provided by the normally applicable method.
9 The Regulations are amended by adding the following after section 8:
8.1 (1) Any information, report or notice that is required, or any application that is made, under these Regulations must be sent electronically in the form and format specified by the Minister and must bear the electronic signature of an authorized official.
(2) If the Minister has not specified an electronic form and format or if it is impractical to send the information, report, notice or application electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending it, they must send it on paper, signed by an authorized official, in the form and format specified by the Minister. However, if no form and format have been so specified, the information may be in any form and format.
10 Subsections 15(1.1) and (2) of the Regulations are replaced by the following:
(1.1) A primary supplier who elects under subsection (1) must notify the Minister at least 60 days before the beginning of the first year for which the basis will be a yearly pool average.
(2) A primary supplier may cancel the election by notifying the Minister any time prior to 60 days before the beginning of the first year for which the basis will not be a yearly pool average.
11 The portion of paragraph 19(6)(a) of the Regulations before subparagraph (i) is replaced by the following:
- (a) a report is sent to the Minister at least 60 days before the use of the statistical quality assurance program, containing
12 (1) The portion of subsection 21(1) of the Regulations before paragraph (a) is replaced by the following:
21 (1) Effective 60 days before the beginning of the first year for which a primary supplier has elected to meet a requirement on the basis of a yearly pool average, the primary supplier must put in place a compliance plan that contains
(2) Subsections 21(2) and (3) of the Regulations are replaced by the following:
(2) The compliance plan must be signed by an authorized official of the primary supplier and sent to the Minister at least 60 days before the beginning of the first year for which the primary supplier has elected to meet a requirement on the basis of a yearly pool average.
(3) At least 45 days before a primary supplier changes any information provided under subsection (1), the primary supplier must update the compliance plan and submit it to the Minister.
13 Subsection 22(1) of the Regulations is replaced by the following:
22 (1) For each year for which the basis is a yearly pool average elected under section 15, a primary supplier must have an auditor who is independent of the primary supplier perform an audit to verify that the primary supplier’s systems, practices and procedures are, in the auditor’s opinion, appropriate to demonstrate compliance with these Regulations and that the records and reports required by these Regulations are complete and accurate.
14 The French version of the Regulations is amended by replacing “tension” with “pression” in the following provisions:
- (a) subparagraph (b)(i) of the definition of essence in subsection 1(1);
- (b) paragraph (c) of the definition of paramètres du modèle in subsection 1(1);
- (c) subsection 5(5);
- (d) the definition of RVP in section 1 of Schedule 1; and
- (e) the portion of item 3 of the table to section 2 of Schedule 3 in column 1.
Tributyltetradecylphosphonium Chloride Regulations
15 Paragraph 4(c) of the English version of the Tributyltetradecylphosphonium Chloride Regulations (see footnote 3) is replaced by the following:
- (c) manufactures it using a fully contained process by which the containment of the substance is ensured by various pollution control or recovery technologies, including emergency containment, in order to prevent any release into the environment.
Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
16 The portion of subsection 8(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (see footnote 4) before subparagraph (b)(i) is replaced by the following:
8 (1) The owner or operator of a dry-cleaning machine shall have all waste water
- (a) transported to a waste management facility no less than once every 12 months; or
- (b) treated by the dry-cleaning machine’s or the carbon adsorber’s integral tetrachloroethylene-water separator and an on-site waste water treatment system that contains the following equipment:
Solvent Degreasing Regulations
17 Paragraph 8(a) of the French version of the Solvent Degreasing Regulations (see footnote 5) is replaced by the following:
- a) présente au ministre, sur un formulaire fourni par ce dernier et au plus tard trente jours après la fin de l’année où a lieu la vente, un rapport contenant les renseignements prévus à l’annexe 7;
New Substances Notification Regulations (Chemicals and Polymers)
18 The definitions biochemical and biopolymer in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers) (see footnote 6) are replaced by the following:
biochemical means a substance, other than a polymer, that
- (a) is produced by a micro-organism; or
- (b) is a protein or nucleic acid that is derived from a plant or an animal. (substance biochimique)
biopolymer means a polymer that
- (a) is produced by a micro-organism; or
- (b) is a protein or nucleic acid that is derived from a plant or an animal. (biopolymère)
19 Subsection 8(2) of the Regulations is replaced by the following:
Notification
(2) Any person that submitted the information referred to in paragraph (1)(b), together with the information referred to in section 10 of Schedule 5, in respect of a chemical or biochemical that is subsequently added to the NDSL may, once the listing has occurred, advise the Minister, in writing, that that information is to be considered as having been submitted under paragraph 7(1)(b).
20 Subsection 14(2) of the Regulations is replaced by the following:
Recipient
(2) Two copies of any information provided under these Regulations must be sent in English or French to the Minister, care of the Substances Management Coordinator, Department of the Environment, Ottawa, Ontario K1A 0H3.
21 Paragraphs 8(f) and (g) of Schedule 1 to the French version of the Regulations are replaced by the following:
- f) le type de contenant utilisé pour entreposer ou transporter la substance et la capacité de ce contenant;
- g) l’indication des éléments naturels de l’environnement où il est prévu que la substance sera rejetée;
22 Section 9 of Schedule 1 to the Regulations is replaced by the following:
9 A summary of all other information and test data in respect of the chemical that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the chemical.
23 Paragraphs 15(f) and (g) of Schedule 3 to the French version of the Regulations are replaced by the following:
- f) le type de contenant utilisé pour entreposer ou transporter le polymère et la capacité de ce contenant;
- g) l’indication des éléments naturels de l’environnement où il est prévu que le polymère sera rejeté;
24 Section 16 of Schedule 3 to the Regulations is replaced by the following:
16 A summary of all other information and test data in respect of the polymer that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the polymer.
25 Section 8 of Schedule 4 to the Regulations is replaced by the following:
8 A summary of all other information and test data in respect of the chemical that are in the possession of the manufacturer or importer and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the chemical.
26 (1) Paragraphs 8(b) and (c) of Schedule 5 to the French version of the Regulations are replaced by the following:
- b) le type de contenant utilisé pour entreposer ou transporter la substance et la capacité de ce contenant;
- c) l’indication des éléments naturels de l’environnement où il est prévu que la substance sera rejetée;
(2) Paragraph 8(f) of Schedule 5 to the French version of the Regulations is replaced by the following:
- f) une indication selon laquelle la substance chimique sera utilisée ou non dans des produits destinés aux enfants;
27 Section 9 of Schedule 5 to the Regulations is replaced by the following:
9 A summary of all other information and test data in respect of the chemical that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the chemical.
28 Section 14 of Schedule 9 to the Regulations is replaced by the following:
14 A summary of all other information and test data in respect of the polymer that are in the possession of the manufacturer or importer and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the polymer.
29 Paragraph 5(b) of Schedule 10 to the French version of the Regulations is replaced by the following:
- b) le type de contenant utilisé pour entreposer ou transporter le polymère et la capacité de ce contenant;
30 Section 6 of Schedule 10 to the Regulations is replaced by the following:
6 A summary of all other information and test data in respect of the polymer that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the polymer.
31 Paragraphs 11(b) and (c) of Schedule 11 to the French version of the Regulations are replaced by the following:
- b) le type de contenant utilisé pour entreposer ou transporter le polymère et la capacité de ce contenant;
- c) l’indication des éléments naturels de l’environnement où il est prévu que le polymère sera rejeté;
32 Section 12 of Schedule 11 of the Regulations is replaced by the following:
12 A summary of all other information and test data in respect of the polymer that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the polymer.
New Substances Notification Regulations (Organisms)
33 (1) The definition Laboratory Biosafety Guidelines in subsection 1(1) of the New Substances Notification Regulations (Organisms) (see footnote 7) is repealed.
(2) The definition contained facility in subsection 1(1) of the Regulations is replaced by the following:
contained facility means an enclosed building with walls, floor and ceiling, or an area within such a building, where the containment is in accordance with the physical and operational requirements of a level set out in either the Canadian Biosafety Standards and Guidelines or Appendix K of the NIH Guidelines. (installation étanche)
(3) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:
Canadian Biosafety Standards and Guidelines means the documents entitled Canadian Biosafety Standard, 2nd Edition, published in 2015, and the Canadian Biosafety Guideline: Containment Level 1: Physical Design and Operational Practices, published in 2017, both developed by the Public Health Agency of Canada and the Canadian Food Inspection Agency, as amended from time to time. (Normes et lignes directrices canadiennes sur la biosécurité)
34 Subsection 2(3) of the Regulations is replaced by the following:
Research and development micro-organisms
(3) These Regulations do not apply in respect of a micro-organism that is a research and development organism not for introduction outside a contained facility, if
- (a) the containment of the micro-organism is in accordance with the Canadian Biosafety Standards and Guidelines or Appendix K of the NIH Guidelines; and
- (b) the micro-organism is
- (i) imported to a contained facility in a quantity that, at the time of the import, is less than 50 mL or 50 g, or
- (ii) manufactured in a contained facility under one of the following conditions:
- (A) the micro-organism does not require containment level 2, 3 or 4 as identified in the Canadian Biosafety Standards and Guidelines and at any given moment there is less than 1 000 L of the micro-organism present at that facility, and
- (B) the micro-organism requires containment level 2, 3 or 4 as identified in the Canadian Biosafety Standards and Guidelines, its manufacture is a controlled activity authorized under a licence issued under section 18 of the Human Pathogens and Toxins Act whose conditions of licence are complied with and at any given moment there is less than 250 L of the micro-organism present at that facility.
35 The Regulations are amended by adding the following after section 2:
Agricultural research study — micro-organisms
2.1 (1) Despite subsection 3(5), if the following conditions are met, these Regulations do not apply in respect of a micro-organism that is a research and development organism for introduction in an agricultural research study conducted on plants:
- (a) the study is conducted and supervised by an agronomist, a plant pathologist or a researcher who is trained in conducting agricultural research;
- (b) the micro-organism
- (i) is not modified from its natural form and occurs naturally in, and has been isolated from, an ecozone that is the same as the one in which the study is located, and
- (ii) is identified at a taxonomic level that enables the persons referred to in paragraph (a) to
- (A) consider its overall characteristics and the potential hazards to the environment and human health that are associated with its release in the study, and
- (B) ensure that the study is conducted as set out in paragraphs (c) to (e);
- (c) the manufacture of the micro-organism for the purpose of the study employs laboratory and operation practices to minimize contamination of the formulation and minimize the unintentional release of the micro-organism from the manufacturing facility;
- (d) the study is conducted in a manner that follows field and sanitation practices to minimize the likelihood of the micro-organism’s dispersal outside the study area where it may be a hazard to the environment and human health; and
- (e) the manufacturer has operational procedures in place to ensure that physical possession or control of the micro-organism is transferred only to individuals who are made aware of the conditions of this subsection and the manufacturer has reason to believe that they are capable of meeting those conditions when conducting the study;
Agricultural research study
(2) For the purposes of subsection (1), agricultural research study means an experimental field study that is conducted
- (a) on land that is cultivated with annual agricultural crops, such as corn and soybeans;
- (b) on land that is cultivated with perennials or woody plants that do not have to be replanted for several years such as asparagus, grapevines, fruit trees, Christmas trees, ornamental trees and shrubs destined for nurseries and seedling trees destined for replanting in reforestation, conservation and restoration projects, excluding lands for forestry uses;
- (c) on land that is used for five or more consecutive years to grow herbaceous forage crops that are either cultivated or growing wild; or
- (d) inside a greenhouse that is not a contained facility.
36 The Regulations are amended by adding the following after section 4:
Addition to Domestic Substances List — information
4.1 For the purposes of paragraph 112(1)(b) of the Act, a person who provides the information referred to in sections 3 and 4 must also provide — within 30 days after the day on which they manufactured or imported the organism — a notice confirming that manufacture or importation.
37 Subsection 8(2) of the Regulations is replaced by the following:
Recipient
(2) Two copies of any information provided under these Regulations must be sent in English or French to the Minister, care of the Substances Management Coordinator, Department of the Environment, Ottawa, Ontario K1A 0H3.
38 Section 7 of Schedule 1 to the Regulations is replaced by the following:
7 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person’s possession or to which the person may reasonably be expected to have access.
39 Paragraph 2(c) of Schedule 2 to the Regulations is replaced by the following:
- (c) the containment level for each manufacturing facility in Canada or for each facility to which the micro-organism will be imported, as the case may be, determined in accordance with the physical and operational requirements set out in either the Canadian Biosafety Standards and Guidelines or Appendix K of the NIH Guidelines;
40 Section 5 of Schedule 2 to the Regulations is replaced by the following:
5 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person’s possession or to which the person may reasonably be expected to have access.
41 Paragraph 3(d) of Schedule 3 to the Regulations is replaced by the following:
- (d) the names of any national, provincial or territorial parks, wildlife reserves or migratory bird sanctuaries that have been established by federal or provincial law and are located within 100 km from the site;
42 Section 8 of Schedule 3 to the Regulations is replaced by the following:
8 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person’s possession or to which the person may reasonably be expected to have access.
43 Section 6 of Schedule 4 to the Regulations is replaced by the following:
6 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person’s possession or to which the person may reasonably be expected to have access.
44 Section 7 of Schedule 5 to the Regulations is replaced by the following:
7 All other information and test data in respect of the organism that permit the identification of hazards to the environment and human health and that are in the person’s possession or to which the person may reasonably be expected to have access.
Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
45 Subsection 2(3) of the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations (see footnote 8) is amended by replacing “(i)” with “(2)(i)”.
46 Paragraph 5(1)(a) of the English version of the Regulations is replaced by the following:
- (a) the applicant has provided evidence that, at the time of the application, it is not technically or economically feasible for the applicant to reduce the VOC concentration in the product to the limit set out in column 2 of the schedule for that product;
47 Subsection 10(2) of the Regulations is replaced by the following:
Manufacture date — seller
(2) A person that offers for sale or sells any product set out in the schedule must, if the manufacturer or importer has failed to indicate the date or code referred to in subsection (1) on the container in which the product is to be offered for sale, or sold, indicate that date or that code on the container and must provide the Minister, on request, with an explanation of the code.
Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations
48 Subsection 1(2) of the French version of the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (see footnote 9) is replaced by the following:
Incorporation par renvoi
(2) Dans le présent règlement, toute mention d’une norme ou d’une méthode incorporées par renvoi constitue un renvoi à la norme ou à la méthode actuelle.
49 Paragraph 10(1)(a) of the English version of the Regulations is replaced by the following:
- (a) the applicant has provided evidence that, at the time of the application, it is not technically or economically feasible for the applicant to reduce the VOC concentration in the product to the limit set out in column 2 of the schedule for that product;
50 Section 13 of the Regulations is amended by adding the following after subsection (2):
Reference to standards
(3) Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time the determination under subsection (1) is made.
51 Section 14 of the Regulations is amended by adding the following after subsection (3):
Reference to standards
(4) Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time the determination under subsection (1) is made.
52 (1) The portion of subsection 17(1) of the Regulations before paragraph (a) is replaced by the following:
Required information — manufacturer or importer
17 (1) Any person that manufactures or imports an architectural coating set out in the schedule must indicate, at the place specified below on the container in which the architectural coating is to be sold, the following information:
(2) Subsection 17(2) of the Regulations is replaced by the following:
Required information — seller
(1.1) A person that offers for sale or sells an architectural coating set out in the schedule must indicate the information in accordance with subsection (1) on the container in which the coating is to be sold if the manufacturer or importer has failed to do so in accordance with that subsection.
Effective date
(2) Subject to subsection 4(2), subsections (1) and (1.1) take effect in respect of each architectural coating set out in the schedule
- (a) for the manufacturer or the importer referred to in subsection (1), on the corresponding anniversary of the day on which these Regulations come into force as set out in column 3 of the schedule; or
- (b) for the seller or the person offering for sale referred to in subsection (1.1), two years after the corresponding anniversary of the day on which these Regulations come into force as set out in column 3 of the schedule.
53 Column 1 of the table to subsection 1(2) of the Schedule to the French version of the Regulations is amended by replacing “film” with “feuil” in the following provisions:
- (a) item 28;
- (b) item 32;
- (c) item 35;
- (d) item 40; and
- (e) paragraph 43(c).
Coming into Force
54 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Department of the Environment (the Department) administers a wide range of regulations under the Canadian Environmental Protection Act, 1999 (CEPA). In order to ensure that they continue to be administered efficiently and provide clarity for regulatees, these regulations are reviewed and updated from time to time. The Department has identified the need for a number of changes to the regulatory texts of nine regulations made under CEPA in response to comments from Parliament’s Standing Joint Committee for the Scrutiny of Regulations (SJCSR) regarding a lack of clarity and some inconsistencies in the regulatory text of several regulations, from the Commissioner of the Environment and Sustainable Development (CESD) regarding the enforceability of regulations, (see footnote 10) from the Standards Council of Canada (SCC) regarding outdated standards referenced in Canadian federal regulations. The Department has also identified other necessary changes and minor issues, including reducing the burden on agricultural researchers and requiring the provision of a notice under the New Substances Notification Regulations (Organisms) to facilitate the addition of living organisms to the Domestic Substances List (DSL) by the Minister of the Environment (the Minister).
The following regulations (collectively referred to as “the nine regulations”) have been identified for amendments as part of this omnibus regulatory process:
- 1. Contaminated Fuel Regulations;
- 2. Benzene in Gasoline Regulations;
- 3. Tributyltetradecylphosphonium Chloride Regulations;
- 4. Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations;
- 5. Solvent Degreasing Regulations;
- 6. New Substances Notification Regulations (Chemicals and Polymers);
- 7. New Substances Notification Regulations (Organisms) [NSNR(O)];
- 8. Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations; and
- 9. Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations.
Objectives
The objectives of the Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999 (the Amendments) are to
- improve the clarity and consistency of the regulatory texts;
- align the English and French versions of the regulations; and
- update references to external standards.
Description
The nine regulations have been amended within an omnibus process to make required changes to improve the clarity and consistency of the regulatory texts and to keep references to standards up to date.
The Amendments to their respective regulations are found below.
1. Contaminated Fuel Regulations
The Contaminated Fuel Regulations prohibit the import and export of contaminated fuel subject to certain exemptions. Potential contaminants in fuel include sulphur, phosphate, heavy metals (e.g. lead, chromium, cadmium, nickel, vanadium and zinc) and chlorinated hydrocarbons (e.g. polychlorinated biphenyls). The Amendments help to provide the continuous protection of Canadian citizens and the environment from the potential exposure to fuels containing toxic substances.
The Amendments will make changes to the Regulations to add clarity to the regulatory text. The Amendments will
- 1.1 provide a definition of “appropriate authority” to define from whom regulatees will need to receive authorization or permission to export contaminated fuels;
- 1.2 add a new record-keeping requirement with respect to the purpose of each imported contaminated fuel to the existing record-keeping requirements in subsection 5(1) of the Regulations. The Regulations prohibit the importation of contaminated fuels with an exemption for import for the purposes of destruction, disposal or recycling. This change will assist enforcement officers in determining whether such imports will be prohibited or exempted;
- 1.3 replace information required from regulatees in paragraph 5(1)(k) from “the class and name of the dangerous goods that contaminate each fuel” to “the class and name of each dangerous good that contaminates the fuel.” This change will clarify that the information pertains to “each” dangerous good; and
- 1.4 replace the word “inspector” with “enforcement officer” in section 6 of the Regulations to align the Regulations with the terminology in CEPA, which does not use the term “inspector.”
2. Benzene in Gasoline Regulations
The Benzene in Gasoline Regulations set limits for the amount of benzene in gasoline. The Regulations also control another parameter, the benzene emissions number. This number sets parameters around the gasoline’s formulation to limit how much benzene will be formed when the gasoline is combusted and further reduces emissions of benzene from vehicle exhaust. The Amendments will also clarify the regulatory text and make minor technical changes to address issues identified by the Department. The Amendments will
- 2.1 modify the definition of “auditor” to ensure consistency with the definition of “auditor” in other federal fuels regulations, such as the Renewable Fuels Regulations, and modify subsection 22(1) to reflect the change. These changes will remove an incorrect reference to the SCC in the current definition, broaden the pool of qualified auditors by adding the ISO 14000 series qualification, and add that an auditor may either be an individual or a firm;
- 2.2 remove the reference CAN/CGSB-3.5-94, (see footnote 11) Unleaded Automotive Gasoline, from the definition of “northern supply area” and replace it with the geographical areas/zones. The 2016 version of CAN/CGSB-3.5 geographical areas/zones no longer provides a defined northern region that can be referenced by the Regulations;
- 2.3 update the definition of “gasoline” so that the minimum vapour pressure and the distillation temperature at which 50% of the fuel has evaporated align with the most recent CAN/CGSB-3.5-2016 Automotive gasoline standard;
- 2.4 replace “tension de vapeur” with “pression de vapeur” throughout the French version of the Regulations to update the terminology to be consistent with the wording being used in the International System of Units;
- 2.5 change the deadline for the submission of compliance plans in subsections 21(1) and 21(2) from 150 to 60 days before the beginning of the first year for which a primary supplier has elected to meet a requirement on the basis of a yearly pool average. This change will align compliance plan deadlines with yearly pool average election deadlines and provide additional flexibility for regulatees; and
- 2.6 add a provision to enable electronic reporting and remove the requirement to send information by registered mail or courier.
The Amendments will also update references and standards. The Amendments will
- 2.7 update references to standards or test methods in sections 1, 5 and 6 with the most recent versions by changing the name and number of the standards or test methods. These changes will not modify the requirements of the Regulations, as the Regulations already specify that the references to standards and test methods are incorporated as amended from time to time;
- 2.8 repeal paragraph 5(4)(a), which prescribes the method to use for measuring the concentration of sulphur in gasoline before December 31, 2003, because this paragraph is no longer in effect; and
- 2.9 replace the reference ASTM-D4855-97, (see footnote 12) Standard Practice for Comparing Test Methods, which has been withdrawn, with ASTM International method D6708-16b, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material, in paragraph 6(2)(a). This method prescribes how a person validates that two different test methods which measure the same fuel property provide results that are equivalent.
3. Tributyltetradecylphosphonium Chloride Regulations
The Tributyltetradecylphosphonium Chloride Regulations prohibit the use, processing, offer for sale, sale and importation into Canada of tributyltetradecylphosphonium chloride and impose conditions on its manufacture.
3.1 The Amendments will modify the English version of paragraph 4(c) of the Regulations by replacing “spill” with “release” to align the French and English versions and to be consistent with CEPA.
4. Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations
The Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations reduce releases of tetrachloroethylene (PERC) into the environment from dry cleaning facilities by requiring efficient dry cleaning machines, good waste collection and disposal practices and the control of PERC releases.
4.1 The Amendments will modify the Regulations by clarifying that all wastewater must either be treated on-site or transported to a waste management facility, by adding “all” to “waste water” in subsection 8(1). This change will also improve the consistency with the waste residue disposal requirements of subsection 9(1) and remove any ambiguity in this subsection of the regulatory text; the Amendments will clarify the Regulations and will not create new obligations for regulatees.
5. Solvent Degreasing Regulations
The Solvent Degreasing Regulations reduce the release of trichloroethylene (TCE) and tetrachloroethylene (PERC) into the environment from solvent degreasing facilities using more than 1 000 kg of TCE and PERC per year.
5.1 The Amendments will modify the French version of paragraph 8(a) of the Regulations by replacing “suivant celle où a lieu la vente” by “où a lieu la vente” to align the regulatory text with the English version with regard to the time period for reporting under paragraph 8(a).
6. New Substances Notification Regulations (Chemicals and Polymers)
In 2005, the New Substances Notification Regulations (NSNR) were replaced by two regulations: the New Substances Notification Regulations (Chemicals and Polymers) and the NSNR(O). The New Substances Notification Regulations (Chemicals and Polymers) prescribe the requirements for the notification of new substances so that an assessment of the potential risks to the environment and human health can be completed, and any appropriate risk management measures can be implemented, prior to the substances’ import into, or manufacture in Canada. The Amendments will make changes to the Regulations to address comments from the SJCSR and ensure consistency between the English and French versions. The Amendments will
- 6.1 clarify the definitions of biochemical and biopolymer in subsection 1(1) by reorganizing the regulatory text and adding “other than a polymer” to the definition of biochemical. This change will exclude polymers from the definition of biochemical since the Regulations already include a definition for biopolymer;
- 6.2 modify subsection 8(2) to provide clarification on the notification and information requirements for regulatees. The Regulations set out the information that a person must provide to the Minister of the Environment before manufacturing or importing a chemical or polymer that is not on the DSL.(see footnote 13) The Regulations also contain reduced information requirements for substances on the Non-Domestic Substances List (see footnote 14) (NDSL). The Amendments will specify that a person who has previously submitted information on a substance prior to its addition to the NDSL, and who now wants to manufacture or import that substance, may advise the Minister to consider this information as having been submitted to meet the requirements for NDSL substances;
- 6.3 update the mailing address in subsection 14(2); and
- 6.4 also make the following changes in the schedules of the Regulations:
- 6.4.1 Harmonize the French and English versions of multiple schedules by amending the French version to include a description of the capacity and the type of container in the required information;
- 6.4.2 Replace “risque d’être rejetée” with “prévu que la substance sera rejetée” or “prévu que le polymère sera rejeté” in some schedules of the French version of the Regulations to align it with the English version equivalent of “anticipated”;
- 6.4.3 Replace “which they ought to have access” with “which they may reasonably be expected to have access” in the English version and replace “elle devrait avoir accès” with “elle peut normalement avoir accès” in the French version to harmonize the regulatory text with section 46 of CEPA;
- 6.4.4 Correct a discrepancy between the English and French versions by replacing “that are relevant to identifying hazards” with “that permit the identification of hazards” in multiple schedules of the English version of the Regulations; and
- 6.4.5 Replace the word “polymère” with “substance chimique” in paragraph 8(f) of Schedule 5 and replace the word “substance” with “polymère” in paragraphs 11(b) and (c) of Schedule 11 of the French version to better align with the rest of these two schedules.
7. New Substances Notification Regulations (Organisms) [NSNR(O)]
The NSNR(O) prescribe the requirements for the notification of new living organisms so that an assessment of the potential risks to the environment and human health can be completed, and any appropriate risk management measures can be implemented, prior to the organisms’ import into, or manufacture in Canada. Under the Regulations, a researcher must submit a notification under Schedule 3 when a living micro-organism is isolated from the environment and grown off-site for use in an experimental field study (e.g. agriculture, forestry, soil remediation and other settings). Since 2011, 50 notifications were received for common, naturally occurring plant pathogens used in agricultural field studies. In all cases, the health and environmental risks of these studies were found to be low due to the safety practices which are commonly followed by agricultural researchers.
The Amendments will modify the Regulations to address comments from the SJCSR and ensure consistency between English and French versions. The Amendments will
- 7.1 replace references to the “Laboratory Biosafety Guidelines” with “Canadian Biosafety Standard and Guidelines” to refer to the latest version;
- 7.2 amend subsection 2(3) to refer to Canadian Biosafety Standard and Guidelines and add “et y sont présents” in the French version to align it with the English version equivalent of “and… present”;
- 7.3 exempt researchers from notification under Schedule 3 for micro-organisms used in agricultural field studies meeting the following safety criteria:
- 7.3.1 The study is conducted and supervised by a researcher with agricultural research expertise;
- 7.3.2 The micro-organism is identified at a taxonomic level that enables identification of hazards, has not been modified from its natural form and has been isolated from the same region where the study took place (ecozone);
- 7.3.3 The manufacture of the micro-organism for the purpose of the study uses good laboratory practices including, as appropriate, physical containment and operational practices described in the Public Health Agency of Canada’s (PHAC) Canadian Biosafety Standard and associated guidance and field- handling practices to minimize contamination and risk. Laboratory-based manufacture of risk groups 2 to 4 pathogens must still comply with the Human Pathogens and Toxins Act and Regulations and may be subject to further conditions as part of licensing;
- 7.3.4 The study is conducted in a manner that follows field and sanitation practices to prevent dispersal of the micro-organism outside the field study area; and
- 7.3.5 Procedures are in place to ensure that the micro-organism is transferred only to individuals who are aware and capable of meeting these safety criteria;
- 7.4 add a requirement for manufacturers and importers who have provided information specified under Schedules 1 or 5 of the Regulations to inform the Minister when a living organism has been imported into, or manufactured in Canada. This notice will facilitate the addition of the living organism to the DSL, since satisfying the Minister that the organism has been imported or manufactured is one of the conditions required under section 112 of CEPA to qualify the organism for addition to the DSL. When an organism is added to the DSL, it is no longer subject to the Regulations, and anyone interested in importing or manufacturing the organism can do so without submitting a new notification for risk assessment. This provision was omitted unintentionally when the Regulations were made in 2005;
- 7.5 update the mailing address in subsection 8(2);
- 7.6 correct a discrepancy between the English and French versions by changing “that are relevant to identifying hazards” with “that permit the identification of hazards” in multiple schedules of the English version of the Regulations;
- 7.7 replace “which the person ought reasonably to have access” with “which the person may reasonably be expected to have access” in the English version and replace the verb “devrait” with “peut” in the French version to harmonize the regulatory text with section 46 of CEPA; and
- 7.8 replace “protected areas” in Schedule 3 of the Regulations with “any national, provincial or territorial parks, wildlife reserves or migratory bird sanctuaries that have been established by federal or provincial law and are located within 100 km from the site” to clarify what is meant by protected areas.
8. Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations
The Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations establish concentration limits for VOCs in 14 categories of automotive refinishing products. The Amendments will make changes to Regulations to address comments from the SJCSR. The Amendments will
- 8.1 replace “(i)” with “(2)(i)” in subsection 2(3) of the Regulations to correct an error in a cross-reference in the regulatory text;
- 8.2 harmonize both versions by adding the text “for the applicant” in paragraph 5(1)(a) of the English version of the Regulations; and
- 8.3 modify subsection 10(2) of the Regulations to clarify that the person who sells or offers for sale will have to indicate a date of manufacture or code on the container if the manufacturer or importer has not already done so.
9. Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations
The Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations establish mandatory VOC concentration limits for 53 categories of architectural coatings. The Amendments will modify the Regulations to address comments from the SJCSR. The Amendments will
- 9.1 align the French version with the English version of subsection 1(2), regarding incorporation by reference, and clarify the regulatory text regarding references to standards and methods in sections 13, 14 and 16. These changes will not modify the requirements of the Regulations;
- 9.2 harmonize both versions by adding the text “for the applicant” in paragraph 10(1)(a) of the English version of the Regulations;
- 9.3 modify section 17 of the Regulations to clarify that the person who sells or offers for sale will have to indicate a date of manufacture or code on the container if the manufacturer or importer has not already done so; and
- 9.4 replace, in the French version, the word “film” with “feuil” to correct a grammatical error under various architectural coating definitions set out in column 1 of the Schedule.
“One-for-One” Rule
The “One-for-One” Rule applies to the Amendments, which are considered an “OUT” under the Rule. Two of the regulatory changes will result in an overall net reduction of administrative burden while the other amendments will result in no change in administrative costs to businesses.
The inclusion of the agricultural field study exemption in the NSNR(O) [amendment 7.3] is expected to reduce the number of submissions per year by approximately 10 notifications. This estimate is based on the number of private sector companies in Canada who work in this sector, the number of notifications received in the past from private sector companies, and communication with private sector companies. Each notification is estimated to require 40 hours for drafting; 220 hours for information retrieval, either to gather test results or literature review; 32.5 hours for verifying information by legal staff; 130 hours for follow-up and clarification with the Department; and 4 hours for review by senior management.
The addition of a notice to the NSNR(O) to inform the Minister that importing and manufacturing has begun (amendment 7.4) could increase administrative burden for regulatees that are importing and manufacturing a living organism into Canada. The Department estimates that two notices will be submitted per year, with each notice estimated to take 30 minutes to draft. This is a conservative estimate given that notices have been submitted voluntarily.
These estimates of time are based on departmental calculations. They are consistent with the estimated cost of submitting a notification used in the Regulatory Impact Analysis Statement for the NSNR, (see footnote 15) which the Department expects will still be valid. Regulatees were consulted on the estimates of notification costs during the NSNR regulatory process.
Administrative burden is calculated with a wage rate of $42 an hour, with the exception of $50 an hour for legal staff and $60 an hour for senior management. These wage rates are based on the average hour wage rates from the labour force survey. (see footnote 16) Overall, the Amendments are expected to reduce annualized administrative burden by $120,534, or $10,045 per business. (see footnote 17)
Small business lens
The small business lens does not apply to the Amendments since the cost impact will be below $1 million annually, and the cost impact per small business is negligible and not considered disproportionate.
Consultation
Consultation prior to the prepublication of the proposed Amendments in the Canada Gazette, Part I
Given that the Amendments will improve the clarity and consistency of regulatory texts and that they are mostly minor in nature, consultations with stakeholders were limited.
The CEPA National Advisory Committee (NAC) (see footnote 18) was provided with opportunities to advise both the Minister of the Environment and the Minister of Health on the proposed Amendments; however, no representations were received.
With respect to amendment 7.3 for NSNR(O), WebEx sessions were held on March 21 and April 5, 2013, with participants from Agriculture and Agri-Food Canada, two industry associations representing the agriculture industry, and one scientific research association. All stakeholders consulted fully support the objectives of the amendments and the proposed exemption criteria. Furthermore, letters were sent out to four industry associations representing the agriculture industry and five environmental and health non-governmental organizations in July 2015. One industry association representing the agriculture industry provided comments indicating full support for amendment 7.3.
With respect to amendment 7.4 for NSNR(O), stakeholders were consulted and were supportive of the provisions when they were first introduced in 2003. (see footnote 19) Despite the fact that the requirement was unintentionally omitted in 2005, the Department has continued to request information on a voluntary basis to facilitate the addition of organisms to the DSL by the Minister. Therefore, the Department believes that stakeholders are familiar with the process and will continue to be supportive.
Consultation following the prepublication of the proposed Amendments in the Canada Gazette, Part I
During the 75-day public comment period, the Department communicated with representatives of the petroleum refining sector and petroleum importers, the fuel transportation and distribution sector, fuel storage terminals, and retail fuel suppliers to solicit feedback on the amendments for the Contaminated Fuel Regulations and the Benzene in Gasoline Regulations. The Department also communicated with representatives of stakeholders of the NSNR(O) to consult them on amendments 7.3 and 7.4 and the assumptions behind the “One-for-One” Rule calculations. No comments were received for the other amendments.
Benzene in Gasoline Regulations
For amendments to the Contaminated Fuel Regulations and the Benzene in Gasoline Regulations, one letter of support was received from an industry association. For the Benzene in Gasoline Regulations, two submissions were received from an industry stakeholder and one from a member of the public. The Department considered all comments, and minor changes were made to ensure that referenced definitions and standards are current.
Comment: An industry stakeholder commented that the definition for gasoline in the Benzene in Gasoline Regulations no longer aligns with the gasoline requirements listed in the current CAN/CGSB-3.5, Automotive gasoline standard.
Response: The minimum vapour pressure and the distillation temperature at which 50% of the fuel has evaporated were updated to align with the most recent CAN/CGSB-3.5-2016, Automotive gasoline standard.
Comment: An industry stakeholder noted that a number of ASTM and CGSB methods and standards referenced in the proposed Amendments were not the most recent versions.
Response: Several ASTM and CGSB methods and standards have been updated since the proposed Amendments were prepared. The methods and standards have been updated to reference the most current versions.
Comment: A member of the public questioned the appropriateness of changing “tension de vapeur” to “pression de vapeur” in the French text of the Benzene in Gasoline Regulations, since “tension de vapeur” is still widely used.
Response: Both the CGSB fuel standards and the International System of Units refer to vapour pressure as “pression de vapeur.” To avoid potential for confusion, this terminology will be used throughout the Benzene in Gasoline Regulations to be consistent with these references.
New Substances Notification Regulations (Organisms)
For amendments to the NSNR(O), one letter of support was received from an industry association representing the agriculture industry.
Rationale
The Amendments will address comments from the SJCSR, the CESD, and the SCC, and address numerous minor issues and inconsistencies in the current regulatory texts of the nine regulations. As well, the Amendments will include an exemption and reinstate an omitted requirement to the NSNR(O). By addressing the Amendments collectively under an omnibus regulatory process, the Department will make the many necessary changes to the texts in the most effective and efficient manner possible.
The impact of the Amendments on regulatees is expected to be minimal, as most of the Amendments are relatively minor in nature. Most of the changes related to compliance components are not expected to have impacts on regulatees, as they will clarify the existing regulatory text.
The agricultural field study exemption of the NSNR(O) [amendment 7.3] will result in reduced administrative and financial burdens for those conducting agricultural field studies and ensure that agricultural research is not delayed by the need to notify and wait for a risk assessment to be concluded in advance of beginning the field study. Given the safety criteria associated with the exemption, health and environmental risks associated with the amendment are expected to be minimal. Regulatees were contacted regarding this amendment in July 2015, and no concerns were expressed.
As a result of amendment 7.4, regulatees that provide information specified under Schedule 1 or 5 of the NSNR(O) could face increased administrative costs to inform the Minister that importing or manufacturing has begun. However, given that some regulatees have been submitting this information voluntarily since the implementation of the NSNR(O), a regulatory requirement to submit this information is not expected to have a significant effect on administrative costs. In addition, the information provided will facilitate the addition of the organism to the DSL, which, in turn, will allow the use of the organism without a new notification.
Overall, taking into consideration the benefits, including the reduction in administrative burden costs for businesses, the Amendments are expected to result in an overall benefit for Canadians.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Contacts
Astrid Télasco
Director
Regulatory Innovation and Management Systems Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.affairesreglementaires-regulatoryaffairs.ec@canada.ca
Matthew Watkinson
Director
Regulatory Analysis and Valuation Division
Environment and Climate Change Canada
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Email: ec.darv-ravd.ec@canada.ca
- Footnote a
S.C. 2004, c. 15, s. 31 - Footnote b
S.C. 1999. c. 33 - Footnote c
S.C. 2015, c. 3, par. 172(d) - Footnote d
S.C. 1999. c. 33 - Footnote 1
SOR/91-486 - Footnote 2
SOR/97-493 - Footnote 3
SOR/2000-66 - Footnote 4
SOR/2003-79 - Footnote 5
SOR/2003-283 - Footnote 6
SOR/2005-247 - Footnote 7
SOR/2005-248 - Footnote 8
SOR/2009-197 - Footnote 9
SOR/2009-264 - Footnote 10
The December 2011 Report of the Commissioner of the Environment and Sustainable Development, Chapter 3 — Enforcing the Canadian Environmental Protection Act, 1999, www.oag-bvg.gc.ca. - Footnote 11
CGSB: Canadian General Standards Board. - Footnote 12
ASTM: American Society for Testing and Materials. - Footnote 13
The Domestic Substances List (DSL) is a list established under sections 66 and 105 of CEPA. It is the sole basis for determining whether a substance is new for the purpose of CEPA and its regulations. https://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=47F768FE-1. - Footnote 14
The Non-Domestic Substances List (NDSL) is a list established under section 66 of CEPA. It is a list of substances that are not on the DSL, but that are in use internationally. Substances on the NDSL are new to Canada for the purpose of CEPA and its regulations. However, they are subject to fewer information requirements. https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/substances-list/non-domestic.html. - Footnote 15
SOR/97-119, Regulations Amending the New Substances Notification Regulations, Canada Gazette, Part II, March 5, 1997, Vol. 131, No. 5, archived version: http://www.collectionscanada.gc.ca/canada-gazette/index-e.html. - Footnote 16
Statistics Canada: CANSIM Table 282-0070: Labour force survey estimates (LFS), wages of employees by type of work, National Occupational Classification for Statistics (NOC-S), sex and age group, annual (current dollars). - Footnote 17
These estimates are for the purpose of calculating the change in administrative burden under the Red Tape Reduction Regulations only. These estimates were calculated in 2012 dollars, using a 10-year time period and a 7% discount rate. - Footnote 18
The role of CEPA NAC is to advise the Minister(s) and to ensure full and open information sharing between the federal, provincial, territorial, and Aboriginal governments on all matters related to the protection of the environment and the management of toxic substances. - Footnote 19
SOR/2003-214, Regulations Amending the New Substances Notification Regulations, Canada Gazette, Part II, June 18, 2003, Vol. 137, No. 13: http://gazette.gc.ca/rp-pr/p2/2003/2003-06-18/pdf/g2-13713.pdf (B) (3.8MB).