| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 138, No. 14 — April 3, 2004 Total, Partial or Conditional Prohibition of Certain Toxic Substances RegulationsStatutory Authority Canadian Environmental Protection Act, 1999 Sponsoring Departments Department of the Environment and Department of Health REGULATORY IMPACT Description The current Prohibition of Certain Toxic Substances Regulations, 2003 prohibit the manufacture, use, sale, offer for sale and import of toxic substances featured on its Schedule. The proposed package of regulatory amendments would restructure the current Regulations by allowing for greater variation in the controls placed on individual substances to allow for a more flexible management of toxic substances. This restructuring would also facilitate the addition of new toxic substances in the future. In addition, the proposed amendments will: — list hexachlorobutadiene (HCBD), N-nitrosodimethylamine (NDMA) and dichlorodiphenyltrichloroethane (DDT) on the Total Prohibition List; — introduce new reporting and record-keeping requirements with respect to hexachlorobenzene (HCB), benzidine and benzidine dihydrochloride; — create a permit system for granting temporary exemptions to partial or conditional prohibitions, where it is identified that a transition period will be required to find or implement alternatives to toxic substances; — add DDT to the List of Toxic Substances (LTS) on Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), which is a prerequisite for the listing of a substance under the proposed Regulations; — assist Canada in meeting its international obligations respecting dichlorodiphenyl trichloroethane (DDT) under the Stockholm Convention on Persistent Organic Pollutants (POPs). Restructuring the Regulations The restructuring would be effected through the repeal and replacement of the current Regulations with the proposed Total, Partial or Conditional Prohibition of Certain Toxic Substances Regulations. The current Regulations are designed to deal only with substances where a complete ban on use, sale, offer for sale and import is appropriate. As such, the Regulations contain a list of Prohibited Toxic Substances. However, in 2003, the Regulations were amended to not only prohibit HCB, but also set a maximum contamination level originating from incidental formation. It is expected that as implementation of the CEPA 1999 continues, the number of substances like HCB, which require tight constraints, will increase. Therefore, the restructured Regulations would allow for varying levels of prohibitions by using two Schedules, one for total prohibition and one for partial or conditional prohibition. Given the significance of this change in the function of the Regulations and the need to maximize clarity and ease of understanding, it was determined that repealing and replacing the current Regulations would be the most effective course of action. Furthermore, the revised title better reflects the new function of the Regulations. The limit established for the incidental presence of HCB has also been more tightly associated to products or mixtures where such presence has been detected and decisions to control them have been taken. Addition of new substances to the Regulations Also effected through the proposed Regulations is the addition of HCBD, NDMA, and DDT to the Total Prohibition List of the Regulations. This measure is intended to prevent the re-introduction of these substances into the Canadian market. With some exceptions (e.g. incidental presence), a substance on the Total Prohibition List, or products containing that substance, cannot be manufactured, used, sold, offered for sale, or imported into Canada. Prior to being added to the Total Prohibition List, a substance must be added to the LTS on Schedule 1 to the CEPA 1999. HCBD and NDMA were added to Schedule 1 of CEPA 1999 in July 2003 and May 2003, respectively. HCBD is a substance on the second Priority Substances List. This substance also meets the criteria for persistence and bioaccumulation, according to the Persistence and Bioaccumulation Regulations made under CEPA 1999, and is present in the environment primarily as a result of human activity. Moreover, it is not a naturally occurring radionuclide or a naturally occurring inorganic substance. Therefore, the implementation of virtual elimination was proposed pursuant to subsection 77(4) of CEPA 1999 in the publication of the summaries of the draft and final Priority Substances Assessment Reports for HCBD. An order adding HCBD to the Virtual Elimination List was published in Part I of the Canada Gazette for public comment, on August 16, 2003. Since virtual elimination involves reducing releases of a substance below those levels that can be measured with routine but sensitive tests, it is necessary to prohibit the sale, manufacture, use, and import of HCBD. To not impose this type of ban on HCBD would undermine the intent of virtual elimination. HCBD has never been commercially produced in Canada, nor is it imported. There are no natural sources of HCBD in the environment. Although NDMA is not slated for virtual elimination, it is likely to be carcinogenic to humans at relatively low levels of exposure. Given that there currently are no industrial or commercial uses of NDMA in Canada, and that NDMA is released to the Canadian environment as a by-product or contaminant from various industries, the proposed prohibition is meant to ensure that the risk posed by this substance does not increase, by ensuring that it does not become a substance that is deliberately used or traded. NDMA has no commercial use in Canada and is not imported, exported, or sold. DDT was first registered as a pesticide in the 1940s, and although it was never manufactured in Canada, it was widely used in pest control products until the 1960s. In response to increasing environmental and safety concerns, most Canadian uses of DDT were phased out by the mid-1970s, and registration of all uses of DDT was discontinued in 1985, with the understanding that existing stocks would be sold, used or disposed of by December 31, 1990. Since then, the sale or use of DDT in Canada has been constituted a violation of the Pest Control Products Act. DDT is an internationally acknowledged POP that is covered by the Stockholm Convention on Persistent Organic Pollutants, which seeks to control, reduce, or eliminate discharges, emissions, and losses of POPs to the environment. The substance is also subject to the Prior Informed Consent (PIC) procedure under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, which requires notification or the consent of the country of destination before the substance is exported from Canada. Due to its characteristics and effects, DDT has already been banned or severely restricted in several jurisdictions. Canadians currently benefit from a marketplace that does not include DDT. The proposed prohibition on the use, sale, offer for sale, and import is intended to ensure that this situation does not change. This prohibition would apply to non-pesticidal uses only, as the Pest Control Products Act continues to regulate pesticidal uses. During the early 1990s, Environment Canada conducted a review of DDT's physical and chemical properties, environmental fate, and toxicity. This review concluded that DDT should be virtually eliminated from the environment. As inclusion on the List of Toxic Substances is a prerequisite to listing under the proposed Regulations, this package of regulatory amendments also includes a proposed order to add DDT to the LTS. New reporting and record-keeping requirements The proposed additional reporting and record-keeping requirements apply to benzidine, benzidine dihydrochloride and HCB, and are necessary to facilitate enforcement and promote compliance. In addition, these requirements will provide Environment Canada with data on the use of HCB in the market, which is critical to effectively implementing virtual elimination of the substance. With respect to benzidine and benzidine dihydrochloride, reporting and record-keeping requirements will help Environment Canada to monitor these substances and ensure that the import, manufacture, and use of these substances are subject to strict life-cycle controls designed to prevent/minimize exposure to and/or the release of these substances into the environment. New permit system The proposed permit system is intended to provide a mechanism for exempting certain applications of a prohibited substance, where the Minister of the Environment is satisfied that it is impossible to use a substitute. Before issuing the permit, the Minister has to be satisfied that measures have also been taken to minimize any harmful effect of the toxic substance on the environment and human health. Finally, the applicant has to provide a plan to be implemented with specific timelines for eliminating the targeted toxic substance. The permit lasts 12 months, and can only be renewed twice. This approach is similar to the one used in the Ozone-depleting Substances Regulations, 1998. This permit system will assist in achieving the ban of certain toxic substances covered by these Regulations, while allowing industry time to identify and implement alternatives in a manner that is not excessively onerous or costly. Alternatives Restructuring the Regulations As discussed above, the restructuring of the current Regulations into the proposed Total, Partial or Conditional Prohibition of Certain Toxic Substances Regulations is necessary to provide greater flexibility in imposing prohibitions on the use, sale, offer for sale, and import of toxic substances (e.g. ability to impose partial bans). The restructuring will simplify the process of adding new substances to the Regulations. As these issues all relate to the structure and language of the text itself, a regulatory change was the only viable option. Furthermore, the scope of the changes would make the current title inconsistent with the proposed function of the Regulations. As such, the repeal and replacement of the Regulations was considered the best solution. Addition of new substances to the Regulations It was assessed that both HCBD and NDMA are toxic pursuant to the Act. Both substances pose serious risks either to the health or environment of Canadians. Similarly, neither substance is used, sold, produced, imported, or exported in Canada. The only way to ensure that neither substance is introduced into the Canadian market is through a ban, which can only be effected through these Regulations. Furthermore, in the case of HCBD, the federal government has proposed that the substance be virtually eliminated. As such, it would be inconsistent for the Government to allow the use, sale, offer for sale, or import of the substance. DDT is acknowledged globally to be a POP, and it is already the subject of severe restrictions in most jurisdictions. The Pest Control Products Act bans pesticidal use of DDT, and the proposed ban is the only manner in which a ban on industrial use of DDT can be implemented. In the absence of the proposed additions, these substances could be introduced to the Canadian marketplace as industrial chemicals. As Canadian industry does not currently trade in or deliberately use these substances, introduction of these chemicals would represent a substantial increase in risk to Canadians' health and environment. Furthermore, in the case of HCBD and NDMA, such an introduction would undermine risk management measures aimed at controlling domestic releases of these toxic substances. A regulatory ban is the only way to ensure that these substances do not become more prevalent in our market. Benefits and costs Addition of HCBD, NDMA, and DDT Benefits HCBD and NDMA are on Schedule 1 of CEPA 1999. Risk management strategies for each substance have been developed to manage the risks posed by these substances. Key to these strategies is to ensure that these substances, which are not deliberately used in Canada, do not enter widespread use and increase the risks posed to Canadians. The proposed bans would fulfill that objective and maximize the benefits derived from risk management measures implemented by domestic industry. The proposed Regulations would also ensure that Canadians' health and environment are protected from risks posed by DDT, a POP, as a result of domestic use. Restructuring the current Regulations, to have greater variation in the controls placed on individual substances, allows for more flexible management of toxic substances, and facilitates the addition of new toxic substances in the future. Costs Given that the proposed Regulations are prohibiting the use, sale, offer for sale, and import of three substances that are not currently used, sold, offered for sale, or imported, there should be no significant impact on industry and compliance costs are expected to be minimal. Restructuring the current Regulations will decrease costs associated with subsequent additions of toxic substances that require a total, partial or conditional prohibition. The increased reporting requirements for HCB, benzidine and benzidine dihydrochloride will imply minimal reporting and record keeping costs. Incremental costs to Government resulting from these proposed Regulations, including administrative and enforcement costs, are expected to be minimal. It is estimated that enforcement costs for these proposed Regulations will require an annual budget of $58,600 (including environmental protection compliance orders, injunctions and prosecutions). Inspections will verify, among other things, that HCBD, NDMA, and DDT are not being imported or produced and that reports submitted under the proposed Regulations are true and accurate. The addition of the permit system to these Regulations will imply negligible administrative costs as the number of applications is expected to be minimal (i.e. not more than one application per year). It is expected that the additional enforcement related to permits can be accommodated through existing resources. On balance, it is expected that the benefits accruing from the proposed regulatory changes will exceed the costs. Consultation Addition of HCBD On December 9, 2002, a multi-stakeholder consultation was held in Ottawa to discuss a proposed management approach for reducing and virtually eliminating releases of HCBD, and to discuss analytical approaches for testing for HCBD contamination in various products. A second stakeholder consultation was held, in Ottawa, on September 29, 2003, to review and discuss the draft Regulations. In addition, all stakeholders were invited to provide written comments to Environment Canada by October 31, 2003. Eleven written responses from industry, environmental non-governmental organizations (ENGOs) and government were received during this period. The primary concern expressed by stakeholders, throughout the consultation period, was related to the proposed contamination limit for HCBD. Stakeholders asked that the proposed contamination limit in the draft Regulations be recalculated. The ENGOs suggested that the proposed level was too high, while industry asked that some buffering be incorporated in setting the concentration limit, because of naturally occurring fluctuations in industrial processes. Some stakeholders also indicated that Environment Canada should not unnecessarily burden commercial sectors where the contamination level in products is very low and close to the method detection limit, by requiring that these sectors monitor and report their level of contamination. After a review of the risks, it was decided to remove the proposed contamination limit for HCBD from the draft Regulations. Instead, guidelines will be developed to complement these proposed Regulations, where acceptable contamination levels of HCBD would be set. This approach would significantly reduce the administrative burden of both industry and Environment Canada, without compromising the environmental objective. A full review of public comments received during the consultation for the draft Regulations, and responses to these comments, as well as comments received for other consultations, may be obtained from Environment Canada's National Office of Pollution Prevention Web site at http://www.ec.gc.ca/NOPP/Consultations/en/consult.cfm. Addition of NDMA Stakeholders were invited to review and provide written comments on the draft proposed Regulations in October 2003. The following documents were provided as additional sources of information, through a mail-out and Web site postings: a synopsis of the assessment report for NDMA; and a fact sheet containing information regarding NDMA, its uses and potential exposure sources. An electronic version of all consultation documents pertaining to NDMA was posted on Environment Canada's National Office of Pollution Prevention Web site at http://www.ec.gc.ca/ NOPP/Consultations/en/consult.cfm. One stakeholder questioned why NDMA, a substance identified for management through its life cycle, is added to the proposed Regulations. NDMA is not currently used in commerce in Canada. Nevertheless, the addition of this substance to the draft Regulations will prevent its reintroduction in Canadian commerce. No other comments were received. Addition of DDT Stakeholders were invited to review and provide written comments on the draft Regulations, in October 2003. A fact-sheet containing information related to DDT, its characteristics and potential exposure sources, was provided as an additional source of information through a mail-out and Web site postings. An electronic version of all consultation documents pertaining to DDT was posted on Environment Canada's National Office of Pollution Prevention Web site at http://www.ec.gc.ca/NOPP/ Consultations/en/consult.cfm. One stakeholder questioned whether some internationally recognized beneficial uses should be allowed in the draft Regulations. Under the Stockholm Convention on Persistent Organic Pollutants, which Canada ratified, continued use of DDT is allowed for vector control until safe, affordable and effective alternatives are in place. These proposed Regulations do not address the use of DDT if registered as a pesticide under the Pest Control Products Act; therefore, an exemption is not necessary. The other comments received for DDT during this consultation period did not result in changes to the text of the proposed Regulations. Record-keeping and reporting requirements Provisions for keeping records and reporting of certain information related to HCB, HCBD, benzidine and benzidine dihydrochloride were included in the proposed Regulations. Stakeholders were invited to review and provide written comments on the draft Regulations, in October 2003. An electronic version of all consultation documents pertaining to HCB, HCBD, benzidine and benzidine dihydrochloride was posted on Environment Canada's National Office of Pollution Prevention Web site at http://www.ec.gc.ca/NOPP/Consultations/en/consult.cfm. It was suggested that either the National Pollutant Release Inventory (NPRI) or the draft Regulations be used for reporting purposes. Opposing views were expressed on whether a list of products for which reporting is required should be added in the draft Regulations, or whether well-defined limits that trigger reporting requirements should be identified. A minimal reporting concentration was added to Schedule 2, Part 1, to address this issue. CEPA 1999 National Advisory Committee Prior to publication in the Canada Gazette, Part I, members of the CEPA National Advisory Committee were provided a formal opportunity to advise on the draft Total, Partial or Conditional Prohibition of Certain Toxic Substances Regulations, as well as on the proposed addition of DDT to Schedule 1 of the CEPA 1999. No objections have been received. Compliance and enforcement As the proposed Regulations will be promulgated under CEPA 1999, enforcement officers will, when verifying compliance with the Regulations, apply the Compliance and Enforcement Policy implemented under the Act. The Policy outlines measures designed to promote compliance, including education, information, promotion of technology development and consultation on the development of the Regulations. It also sets out the range of possible responses to alleged violations: warnings, directions, environmental protection compliance orders, ticketing, ministerial orders, injunctions, prosecution, and environmental protection alternative measures (which are an alternative to a court trial after the laying of charges for a violation under the Act). In addition, the Policy explains when Environment Canada will resort to civil suits by the Crown for costs recovery. When, following an inspection or an investigation, an enforcement officer discovers an alleged violation, the officer will choose the appropriate enforcement action based on the following criteria: — Nature of the alleged violation: This includes consideration of the seriousness of the harm or potential harm to the environment, the intent of the alleged violator, whether it is a repeat violation, and whether an attempt has been made to conceal information or otherwise subvert the objectives and requirements of the Act. — Effectiveness in achieving the desired result with the alleged violator: The desired result is compliance with the Act within the shortest possible time and with no further repetition of the violation. Factors to be considered include the violator's history of compliance with the Act, willingness to co-operate with enforcement officers, and evidence of corrective action already taken. — Consistency in enforcement: Enforcement officers will consider how similar situations have been handled in determining the measures to be taken to enforce the Act. Contacts Ms. Josée Trudel, Head, Toxics Control Section, Chemical Controls Branch, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 953-6118 (telephone), josee.trudel@ec.gc.ca (electronic mail); and Ms. Céline Labossière, Policy Manager, Regulatory and Economic Analysis Branch, Environment Canada, Gatineau, Quebec K1A 0H3, (819) 997-2377 (telephone), celine.labossiere@ec.gc.ca (electronic mail). PROPOSED REGULATORY TEXT Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote a), that the Governor in Council proposes, pursuant to subsection 93(1) of that Act, to make the annexed Total, Partial or Conditional Prohibition of Certain Toxic Substances Regulations. Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to the Executive Director, National Office of Pollution Prevention, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3. A person who provides information to the Minister may submit with the information a request for confidentiality under section 313 of that Act. Ottawa, March 30, 2004
EILEEN BOYD
TOTAL, PARTIAL OR CONDITIONAL PROHIBITION 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, referred to in these Regulations as "toxic substances". 2. (1) In respect of toxic substances that are present incidentally in a mixture or product, only paragraph 5(1)(a), in relation to the concentration of toxic substances, subsection 6(1), section 7 and subsections 8(1) and (3) apply. (2) These Regulations, except section 4, do not apply to any toxic substance or mixture or product containing a toxic substance that is for use (a) in a laboratory for analysis; (b) in scientific research; or (c) as a laboratory analytical standard. (3) These Regulations do not apply to any toxic substance contained in (a) a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies; (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 mixture or product containing any such toxic substance. PARTIAL AND CONDITIONAL PROHIBITIONS 4. (1) Any person that intends to use a toxic substance set out in either Schedule 1 or 2, or a mixture or product containing any such toxic substance, in a laboratory for analysis, for scientific research or as a laboratory analytical standard shall submit to the Minister, at least 30 days before the day on which the person intends to begin using the substance, mixture or product, the information set out in Schedule 3. (2) Any person that, at the time of coming into force of these Regulations, is using a toxic substance, mixture or product referred to in subsection (1) for a use referred to in that subsection shall submit to the Minister, within 30 days after the date of coming into force of these Regulations, the information set out in Schedule 3. 5. (1) Subject to subsection (3), no person shall manufacture, use, sell, offer for sale or import (a) a toxic substance set out in column 1 of Part 1 of Schedule 2 if it is present in a mixture or product containing one or more of the substances set out in column 2 and if the concentration of the toxic substance in the mixture or product exceeds the limit set out in column 3; or (b) a toxic substance set out in column 1 of Part 2 of Schedule 2 or a mixture or product containing the toxic substance if the toxic substance, mixture or product is designed for uses other than the uses set out in column 2. (2) The concentration referred to in paragraph (1)(a) shall be determined, in accordance with generally accepted standards of scientific practice, by a laboratory that is accredited under the International Organization for Standardization standard ISO/ IEC 17025: 1999, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time. (3) A person may manufacture, use, sell, offer for sale or import a toxic substance referred to in subsection (1) or a mixture or product containing it and the concentration may exceed the limit referred to in paragraph (1)(a), or the toxic substance, mixture or product may be designed for a use other than those set out in column 2 of Part 2 of Schedule 2, if that person has submitted to the Minister an application for a permit to do so that contains the information set out in Schedule 4 and if the permit has been issued to that person under subsection (4). (4) The Minister shall issue the permit if the following conditions are met: (a) it is impossible to substitute a substance, other than a substance regulated under these Regulations, for the toxic substance; (b) the applicant has taken all necessary measures to minimize any harmful effect of the toxic substance on the environment and human health; and (c) a plan has been prepared respecting the toxic substance, identifying the measures to be taken by the applicant so that they no longer contravene subsection (1), and the period within which the plan is to be implemented does not exceed three years. (5) A permit issued under this section expires 12 months after the day on which it is issued and may not be renewed more than twice. (6) The Minister shall revoke a permit if the conditions set out in paragraphs (4)(a) to (c) are no longer met. (7) The Minister shall not revoke a permit unless the Minister has provided the permit holder with (a) written reasons for the revocation; and (b) an opportunity to be heard, either by written or oral representations, in respect of the revocation. 6. (1) Every person that manufactures or imports a mixture or product containing a toxic substance set out in column 1 of Part 1 of Schedule 2 in a concentration equal to or greater than that set out in column 4, shall submit to the Minister the information set out in Schedule 5 within three months after the end of the calendar year during which the mixture or product was manufactured or imported. (2) Every person that manufactures or imports a toxic substance set out in column 1 of Part 2 of Schedule 2 for one or more of the uses set out in column 2 for that substance, or that manufactures or imports a mixture or product containing the toxic substance for such uses, shall submit to the Minister the information set out in Schedule 6 within three months after the end of the calendar year during which the toxic substance, mixture or product was manufactured or imported. CERTIFICATION 7. The information referred to in section 4, subsection 5(3) and section 6 shall be submitted to the Minister in a form determined by the Minister and accompanied by a certification, dated and signed by the person referred to in those provisions, or the person authorized to act on their behalf, that the information is accurate and complete. RECORD KEEPING 8. (1) Every person that submits to the Minister information under subsection 6(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 section 4 or subsection 5(3) or 6(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, on notification to the Minister, at any other place in Canada where the information, certification, documents and test data can be inspected. REPEAL 9. The Prohibition of Certain Toxic Substances Regulations, 2003 (see footnote 1) are repealed. COMING INTO FORCE 10. These Regulations come into force three months after the day on which they are registered. SCHEDULE 1 TOTAL PROHIBITION
SCHEDULE 2 PARTIAL OR CONDITIONAL PROHIBITIONS PART 1 PROHIBITIONS RELATING TO CONCENTRATION
PART 2 PROHIBITIONS RELATING TO USE
SCHEDULE 3 INFORMATION RELATED TO THE USE OF CERTAIN 1. Information respecting the user of a toxic substance or a mixture or a product containing it: (a) the user's name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any; (b) the 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 user, if any; and (c) the name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of the facility where the toxic substance, mixture or product will be or is being used, if any. 2. Information respecting each toxic substance set out in Schedule 1 or 2, and each mixture or product containing the toxic substance: (a) the name of the toxic substance and the name of the mixture or product containing the toxic substance, if applicable; (b) the anticipated period of its use; (c) the estimated quantity to be used in a calendar year and the unit of measure; and (d) the identification of each proposed use and each actual use, as the case may be. SCHEDULE 4 INFORMATION TO BE CONTAINED IN 1. Information respecting the applicant: (a) their name, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any; and (b) the 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 applicant, if any. 2. Information respecting each toxic substance set out in column 1 of Parts 1 and 2 of Schedule 2 and each mixture or product containing the toxic substance: (a) the name of the toxic substance and the name of the mixture or product containing the toxic substance, if applicable; (b) the concentration of the toxic substance in the mixture or product; (c) the estimated quantity to be used in a calendar year and the unit of measure; and (d) the identification of each proposed use. 3. Evidence that it is impossible to substitute a substance other than a substance regulated under these Regulations for the toxic substance. 4. Evidence that explains what measures have been taken to minimize any harmful effect of the toxic substance on the environment and human health. 5. A description of the plan prepared respecting the toxic substance identifying the measures to be taken so that there is no longer a contravention of subsection 5(1) of these Regulations as well as the period within which the plan is to be implemented. SCHEDULE 5 INFORMATION RELATED TO THE CONCENTRATION OF 1. Information respecting the manufacturer or importer: (a) their name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any; and (b) the 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, if any. 2. Information respecting each toxic substance set out in column 1 of Part 1 of Schedule 2 and each mixture or product containing the toxic substance manufactured or imported during a calendar year: (a) the name of the toxic substance and the name of the mixture or the product containing the toxic substance, if applicable; (b) the calendar year; (c) the total quantity manufactured; (d) the total quantity imported; (e) the quantity sold in Canada; (f) the annual average concentration; (g) the analytical method used to determine the concentration of the toxic substance in the mixture or product; and (h) the analytical method detection limit used to determine the concentration of the toxic substance in the mixture or product. 3. The 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 in the mixture or product. SCHEDULE 6 INFORMATION RELATED TO THE USE OF TOXIC 1. Information respecting the manufacturer or importer: (a) their name, civic and postal addresses of principal place of business, e-mail address, if any, telephone number and fax number, if any; and (b) the 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, if any. 2. Information respecting each toxic substance set out in column 1 of Part 2 of Schedule 2 and each mixture or product containing the toxic substance manufactured or imported during a calendar year: (a) the name of the toxic substance and the name of the mixture or product containing the toxic substance, if applicable; (b) the calendar year; and (c) the identification of each proposed use of the toxic substance or the mixture or product containing the toxic substance. [14-1-o] S.C. 1999, c. 33 SOR/2003-99 |
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
NOTICE:
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
