| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 136, No. 30 — July 27, 2002 Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999Statutory Authority Canadian Environmental Protection Act, 1999 Sponsoring Department Department of the Environment REGULATORY IMPACT ANALYSIS STATEMENT Description The purpose of this initiative is to propose the addition of ozone and its precursors and precursors to respirable particulate matter less than or equal to 10 microns (PM10) to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999):
Background Precursors to PM10 On May 27, 2000, Ministers of the Environment and Health declared in the Canada Gazette that PM10 is considered to be "toxic" under section 64 of CEPA 1999 and recommended to the Governor in Council of Canada that PM10 be added to the List of Toxic Substances in Schedule 1 of CEPA 1999. The Governor in Council has since published a proposed Order adding PM10 to the List of Toxic Substances in Schedule 1 of CEPA 1999. This proposed Order was published in the Canada Gazette, Part I, on June 10, 2000, for a 60-day comment period and finalized in the Canada Gazette, Part II, on May 9, 2001. The assessment report specifies that PM10 can be released directly into the atmosphere or formed secondarily in the atmosphere from precursors as a result of physical or chemical transformations and identifies the principal precursors to PM10 to be SO2, NOx (NO and NO2), gaseous ammonia and VOCs. Additional evidence supporting the toxicity of SO2 comes from the draft Priority Substances List (PSL) Assessment Report on emissions from copper and zinc smelters and refineries. On July 1, 2000, the Ministers published, in the Canada Gazette, Part I, for a 60-day comment period, a summary of reports of the assessments of Releases from primary and secondary copper smelters and copper refineries, and Releases from primary and secondary zinc smelters and zinc refineries. Releases from copper (Cu) smelters/refineries and zinc (Zn) plants are complex mixtures, containing varying amounts of numerous substances. One of the components of releases to air that was examined most closely is SO2. Risk due to SO2 released from copper smelters/ refineries and zinc plants was assessed based on both direct exposure to SO2 and on associated acidic deposition. Results for direct exposure indicate that there is a risk to vegetation over varying areas near both copper smelters/refineries and zinc plants, and a risk of cardiorespiratory effects in sensitive humans. On this basis, and also because of the environmental and/or health risks associated with various metals (mostly in the form of particulate matter) and PM10 contained in emissions from these facilities, the assessment recommended that releases from copper smelters/ refineries and zinc plants be declared toxic. As the precursors meet the CEPA criteria of a toxic substance, the Ministers of the Environment and of Health published, on July 15, 2000, their intent to recommend that the precursors to PM10 (SO2, NOx, ammonia and VOCs) be added to the List of Toxic Substances in Schedule 1 of CEPA, based on the 1999 PM Science Assessment Document (SAD) and based on the CEPA 1999 definition of a toxic substance. In May 2001, the Meteorological Service of Canada published "Precursor Contributions to Ambient Fine Particulate Matter in Canada." This assessment was undertaken to summarize the current knowledge of the contribution of gaseous precursors to secondary particle formation in Canada, and to provide a scientific basis for the development of risk management options for ambient particulate matter. Ozone and its Precursors On October 14, 2000, a Science Assessment Document for Ground-level Ozone (SAD) was published in the Canada Gazette, Part I. The SAD concluded that there is a significant association between ambient ozone and adverse health effects and that significant adverse effects to human health (mortality and morbidity) and vegetation (reduced growth and crop yield) are occurring at ozone levels currently experienced across Canada. The SAD specifies that ground-level ozone is formed in the atmosphere from precursors through photochemical reactions in the presence of sunlight and warm temperatures and that the primary precursors to ground-level ozone are NOx (NO and NO2) and VOCs. On June 9, 2001, the Ministers of Environment and of Health published, for a 60-day comment period, a Notice of Intent to recommend that ozone and its precursors (NOx [NO and NO2] and VOCs) be added to the List of Toxic Substances in Schedule 1 of CEPA 1999, based on the results of the SAD and based on the CEPA 1999 definition of a toxic substance. Without the listing of SO2, gaseous ammonia, NO, NO2 and VOCs as such on Schedule 1, the Government of Canada does not have the legislative prerequisite necessary to control the sources contributing to PM10 and ozone, nor to impose control on SO2 released from copper smelters/refineries and zinc plants. The PM Science Assessment Document may be obtained at:
The Ozone Science Assessment Document may be obtained at:
The PSL Assessment Report on PM10 may be obtained at:
The PSL Assessment Report on Cu and Zn may be obtained at:
The MSC Precursor report may be obtained at:
These documents can also be obtained from the Inquiry Centre, Environment Canada, Hull, Quebec K1A 0H3 (1-800-668-6767). Authority Based on the scientific evidence that these substances participate in chemical reactions that result in the formation of substances that have been found to be toxic (PM10 and ozone) [section 64 of CEPA 1999], Notices of Intent were issued indicating that the ministers of the Environment and of Health intended to proceed with a recommendation to the Governor in Council that the substances be added to the List of Toxic Substances in Schedule 1 of CEPA 1999. In accordance with the Act, a substance may be added to the List of Toxic Substances if it is determined to be "toxic," that is, if it is entering or may enter the environment in a quantity or concentration or under conditions that:
The Notices published on July 15, 2000, and June 9, 2001, in the Canada Gazette provided for a 60-day public comment period during which interested parties were able to file written comments on the direction the Ministers were proposing to take and the scientific basis for their recommendations. After taking comments received into consideration, the Ministers have decided to proceed with their recommendations that the substances be added to the List of Toxic Substances in Schedule 1 of CEPA 1999. In order to provide further clarity, "gaseous ammonia" rather than "ammonia" is proposed for listing on Schedule 1 as the precursor substance to PM10. This, together with the previous addition of PM10 to Schedule 1, would provide the authority required to manage ammonia as a PM10 precursor. This will allow the risk management of the sources, uses, and products based on the scientific information generated from the assessment process. Other key federal departments are aware of the Ministers' intention in this regard and have been consulted on this initiative and the Government response to comments. Once a substance is added to the List of Toxic Substances in Schedule 1 of CEPA 1999, the Government will proceed in developing risk management options. Overview of the Specific Substances Ozone, which has the molecular formula O3 Ground-level ozone is a colourless gas found in the lower atmosphere. Virtually none of the ground-level ozone measured in air is directly emitted from biogenic (natural) or anthropogenic (human) sources. Ozone is the product of a complex series of chemical reactions primarily involving two precursor pollutants: nitrogen oxides (NOx [NO and NO2]) and volatile organic compounds. These precursor gases are emitted from combustion processes often associated with industry and the transportation sector, and from various commercial and industrial processes and solvent use. Some NOx and VOCs may be produced by biogenic sources, especially in summer when VOC emissions from vegetation (agricultural crops and forests) are greatest. Not all NOx and not all VOCs after being emitted into the atmosphere contribute to ozone formation. Since ozone is formed through a photochemical reaction involving NOx and VOCs, it is generated primarily during the daytime on hot, sunny summer days. There is virtually no ozone generated during nighttime when ambient levels tend to drop in polluted areas and weak photochemistry during winter precludes it as a significant wintertime problem. Some localized ambient ozone level reductions also tend to occur in the vicinity of large NO emission sources since NO will "scavenge" some ozone before the photochemistry process begins. This ozone consumption phenomenon is observed to cause localized depressions in ozone levels in urban centres. Despite this, when the full photochemical reaction processes have taken place, it has been clearly demonstrated that NOx emitted during daylight hours in summer, is a primary cause of elevated ambient ozone levels not just in urban areas but on large regional scales. Acceptance of this conclusion by many jurisdictions around the world has resulted in the establishment of aggressive NOx reduction targets and programs to address ozone. Examples include Ontario's Anti-Smog Plan reduction target of 45 percent, and the recent U.S. 22-state NOx rule targets and State Implementation Plans. A similar but more complicated situation exists with VOCs. There are several thousands of organic compounds in the natural and polluted troposphere that meet the definition of VOCs. Not all VOCs are equally effective in generating ozone in the atmosphere. The more "reactive" VOCs contribute most to peak ozone formation in urban or near-urban areas. However, very few VOCs are of such low reactivity that they can be ignored in ozone control programs. Lower reactivity VOCs, depending on their rate of reactivity, can contribute to the build-up of background ozone levels during ozone episodes and to the observed long-term build-up of background tropospheric ozone in the Northern Hemisphere. Ozone and precursor gases can be transported over long distances. This phenomenon is often found in the north-eastern United States and eastern Canada where large weather patterns are not impeded by major geographic features. The relationship between ozone and adverse health effects is widely recognized. The association with mortality is relatively recent, and continues to be debated. However, in 1999, the CEPA Working Group on Air Quality Objectives and Guidelines determined that, on the weight of evidence, there was a sufficient scientific basis to support this relationship. It felt that increased mortality could not be explained away by yearly trends, daily variations, epidemics, weather or the occurrence of other pollutants. Mortality studies, since that time, continue to support the existence of an independent association between ozone and mortality. The major health risks have been examined in a number of epidemiological studies in cities in Canada and around the world. They show a consistent relationship with ground-level ozone and adverse health effects. Epidemiological and controlled human exposure studies also show that as the amount of ozone gets higher, then adverse health symptoms increase. Field and controlled human exposure studies have indicated that patients with pre-existing respiratory diseases (e.g., asthma, allergic rhinitis) are more susceptible to ozone-induced health effects, and that exercise makes these effects even more noticeable. Humans react to ozone exposure with coughs, shortness of breath, increases in airway resistance and bronchial response, as well as airway inflammation. Epidemiological evidence indicates that the effects of ozone on humans may cause more visits to hospital emergency rooms, hospital admissions and mortality. Estimates of population exposure indicate that most Canadians are exposed to low levels of ozone in Canada, so that most major populations in Canada are at risk of some adverse effects. This exposure is greater in warmer months when ozone levels are higher and people are more likely to spend time outdoors. Exposures are greater in some areas, but the populations of all Canadian cities experience at least some levels at which epidemiological studies find an association with adverse effects. The SAD for Ground-level Ozone (published in the Canada Gazette, Part I, on October 14, 2000), concluded that there is a significant association between ambient ozone and adverse health effects and that significant adverse effects to human health (mortality and morbidity) and vegetation (reduced growth and crop yield) are occurring at ozone levels currently experienced across Canada. Based on the information available, it is concluded that ozone is entering the Canadian environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity and that constitutes or may constitute a danger in Canada to human life or health. Therefore, ozone is considered "toxic" as defined in section 64 of CEPA 1999. Sulphur dioxide, which has the molecular formula SO2 On average, SO2 is the precursor that contributes the largest secondary particle fraction of PM2.5 in the summer months in eastern Canada. Several anthropogenic source types emit SO2 as a gas. Volcanoes can emit SO2 and it may also be created through oxidation of gases emitted by marine bacteria or biological processes in wetlands. However, the concentration of SO2 in populated source regions is ten times higher than in clean continental air, and 75 times higher than in marine surface layer air. This implies that biological and geological sources of SO2 are typically only a minor component in populated regions. The reactions by which SO2 is converted to particulate sulphate have been known for several decades and have been used in regional air quality models since the early 1980s. The PSL Assessment Report for PM10 specifies that PM10 can be released directly into the atmosphere or formed secondarily in the atmosphere from precursors as a result of physical or chemical transformations and identifies SO2 as one of the principal precursors to PM10, which constitutes a danger in Canada to human life or health. It is worth noting that SO2 was also considered in the PSL Assessments for Releases from Primary and Secondary Copper Smelters and Copper Refineries and Releases from Primary and Secondary Zinc Smelters and Zinc Refineries. In these assessments, the risk due to SO2 released from copper smelters/ refineries and zinc plants was analysed based on both direct exposure to SO2 and on associated acidic deposition. Results for direct exposure indicate that there is a risk to vegetation over varying areas near both copper smelters/refineries and zinc plants, to a maximum distance of about 10 km. With respect to humans, levels of SO2 in ambient air exceed health-based guidelines (the 24-hour World Health Organization Ambient Air Guideline for Europe) on some occasions near all of the facilities, indicating that there is a risk of cardiorespiratory effects in sensitive individuals. For acidic deposition, it was determined that copper smelters contributed up to 8 percent (relative to all anthropogenic and natural sources) of the SO2 resulting in acidic deposition at the four eastern Canadian receptor areas considered. Copper refineries and zinc plants were responsible for significantly lower fractions (up to 0.1 percent and 0.2 percent, respectively). U.S. sources were the largest contributors at all four receptor sites. The assessment document also recognized that SO2 is an important precursor in the secondary formation of respirable particulate matter. Based on the information available, it is concluded that SO2 is entering the Canadian environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity and that constitutes or may constitute a danger in Canada to human life or health. Therefore, SO2 is considered "toxic" as defined in section 64 of CEPA 1999. Gaseous ammonia, which has the molecular formula NH3(g) Gaseous ammonia is emitted from biogenic and anthropogenic sources and is one of four primary precursor gases that contribute to secondary particle formation. Natural sources include waste product of animal, fish and microbial mechanism, whereas man-made sources include industry and agriculture. Gaseous ammonia may react with nitric acid (formed via oxidation reactions involving NOx) to produce ammonium ion. The ammonium then reacts with nitrate and sulphate ions to form ammonium nitrate or ammonium sulphate particles. Particle nitrate formation will not take place without ammonia. The presence of ammonia tends to reduce particle and precipitation acidity. The rate at which ammonia contributes to particle formation is determined by the amount of NOx and SO2 present. The formation of ammonium nitrate and ammonium sulphate particles is strongly temperature dependent. Cooler temperatures favour ammonium nitrate formation, and warmer temperatures favour ammonium sulphate formation. Thus there is a strong seasonal pattern to the contribution of ammonium nitrate and ammonium sulphate contributions to secondary PM mass. Gaseous ammonia has a short atmospheric transport potential. For example, 50 percent of the ammonia emitted from a one metre high grassland source is estimated to be removed from the atmosphere by dry deposition within 30 km. This suggests that the connection between the spatial distribution of ambient gaseous ammonia and the spatial distribution of ammonia emissions will be quite strong. It also implies that the role of long-range transport in the context of ammonia will be transport of ammonium nitrate or sulphate particles, not of ammonia itself. The few Canadian measurements of ambient ammonia are consistent with expectations based upon the current estimates of gaseous ammonia emissions, showing higher concentrations in the Lower Fraser Valley of British Columbia and southern Ontario. Gaseous ammonia is a significant contributor to secondary particle formation in Canada and preliminary estimates indicate that, on average, across Canada, ammonium contributes 10 percent to 20 percent of the PM2.5 mass. Also, the PSL Assessment Report for PM10 specifies that PM10 can be formed secondarily in the atmosphere from precursors as a result of physical or chemical transformations and identifies ammonia among the principal gas precursors to PM10, which constitutes a danger in Canada to human life or health. As a precursor, because it is emitted into the atmosphere and then transformed under certain conditions into PM10, gaseous ammonia is considered to be entering the environment in a quantity or concentration or under conditions that constitute a danger in Canada to human life or health. Therefore, gaseous ammonia is considered "toxic" as defined in section 64 of CEPA 1999. Nitric oxide, which has the molecular formula NO and Nitrogen dioxide, which has the molecular formula NO2 Nitrogen oxides (NOx, defined as the sum of nitric oxide, NO, and nitrogen dioxide, NO2) originate from both anthropogenic and natural sources. The main anthropogenic sources are from combustion in transportation, industry and the electric power generating sector, whereas those from natural sources are mainly forest fires, lightning and soil microbial activity. The SAD for Ground-level Ozone (published in the Canada Gazette, Part I, on October 14, 2000), concluded that there is a significant association between ambient ozone and adverse health effects and that significant adverse effects to human health (mortality and morbidity) and vegetation (reduced growth and crop yield) are occurring at ozone levels currently experienced across Canada. The SAD specifies that ground-level ozone is formed in the atmosphere from precursors through photochemical reactions in the presence of sunlight and warm temperatures and that nitrogen oxides (NO and NO2) are one of the two principal precursors to ground-level ozone. The PSL Assessment Report for PM10 also specifies that PM10 can be formed secondarily in the atmosphere from precursors including NOx as a result of physical or chemical transformations and identifies NOx (NO and NO2) as one of the principal precursors to PM10. As precursors, because they are emitted into the atmosphere and then participate in chemical reactions that, under certain conditions, result in the formation of ozone and PM10, NO and NO2 are considered to be entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, in addition to constituting a danger in Canada to human life or health. Therefore, NO and NO2 are considered "toxic" as defined in section 64 of CEPA 1999. Volatile organic compounds as described in the proposed Order (VOCs) VOCs, as defined in the Notice of Intent published in the Canada Gazette, Part I, on June 9, 2001, stem from both anthropogenic and natural sources. Man-made sources include combustion and evaporation processes associated with transportation, the industrial sector, applications of surface coatings (e.g. paints), general solvent use and other miscellaneous sources. As for natural sources, vegetation contributes a significant portion of total Canadian VOC emissions. The Science Assessment Document (SAD) for Ground-level Ozone (notice published in the Canada Gazette, Part I, on October 14, 2000), concluded that there is a significant association between ambient ozone and adverse health effects and that significant adverse effects to human health (mortality and morbidity) and vegetation (reduced growth and crop yield) are occurring at ozone levels currently experienced across Canada. The SAD specifies that ground-level ozone is formed in the atmosphere from precursors through photochemical reactions in the presence of sunlight and warm temperatures and that VOCs are one of the two primary precursors to ground-level ozone. The PSL Assessment Report for PM10 also specifies that PM10 can be formed secondarily in the atmosphere from precursors as a result of physical or chemical transformations and identifies VOCs among the principal precursors to PM10. As precursors, because they are emitted into the atmosphere and then participate in chemical reactions that, under certain conditions, result in the formation of ozone and PM10, VOCs are considered to be entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, in addition to constituting a danger in Canada to human life or health. Therefore, VOCs are considered "toxic" as defined in section 64 of CEPA 1999. Alternatives Based on the science available, we conclude that all the above-mentioned substances are entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health. Further, ozone and SO2 are concluded to be entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. Consequently, the Ministers have determined that the alternative of taking no further action is not acceptable for the six substances mentioned above. The addition of a substance to Schedule 1, legally enables the federal government to take appropriate actions and to make a full range of management instruments available under CEPA 1999. These instruments will be analyzed and considered as possible preventive or control actions for the substance during the risk management phase. Benefits and Costs By recommending the addition of O3, SO2, NO, NO2, gaseous ammonia and VOCs to the List of Toxic Substances, the Government will be able to take preventive or control action with a full set of instruments to ensure the preservation of human life, health or protection of the environment, as appropriate. The decision to amend the List of Toxic Substances in Schedule 1 of CEPA 1999 is solely based on a science assessment (Ozone SAD, the PM10 SAD, the PSL assessment report for PM10, and is supported by the recent Meteorological Service of Canada report on PM precursors). As per the CEPA 1999 definition of a substance, these precursor substances participate in chemical reactions that result in the formation of a substance that is toxic (PM10 and/or ozone) and are therefore also toxic. It would be premature to proceed, at this point, with an assessment of costs to the public, industry or governments considering that no risk management scenarios have been defined. During the risk management phase, a suite of instruments with a balance of preventive and control measures and technologies are expected to be considered in consultation with various federal government departments, provincial and territorial governments and other stakeholders. Consultation A Notice Concerning the Assessment for each of the six Priority Substances under CEPA 1999 was published in the Canada Gazette, Part I, as follows:
All Notices were posted on Environment Canada's Green Lane and on the CEPA Registry Web pages. The above notices offered interested parties a 60-day comment period. Publication of the preceding Notices for ozone and its precursors and the precursors to PM10 was not a requirement under CEPA, but rather an additional opportunity for consultation. The publication of the current Notice initiates the formal process under CEPA 1999. A total of 14 submissions were received regarding the Notice of Intent for ozone and its precursors. Of the 14 submissions received, 13 were from industry or industry associations and one was from a province. Ten of these submissions supported or did not specifically object to the recommendation for ozone itself. All of the submissions received did not support adding the precursors to ozone to Schedule 1. Concerns with the process and uncertainties in the science were the most frequent issues raised. A total of 42 submissions were received regarding the Notice of Intent for precursors to PM10. Thirty-five submissions were received from industry representatives, one from another federal department, three from other levels of government, one from a public health authority and two from environmental groups. More than half of the industry submissions came from two sectors: the solvent production and use sector (11) and the electric power sector (8). Four submissions supported the intent to add the precursors to PM10 to Schedule 1, while the others expressed various concerns with the process and uncertainties in the science. The comments received on both Notices of Intent did not bring forward any new considerations, either scientific or otherwise, that would alter the basis for recommending that the precursors to PM10 and ozone and its precursors be added to Schedule 1 of CEPA 1999. A number of issues raised are relevant to the risk management stage and will be considered when developing specific control instruments to reduce emissions of precursors to PM10 and ozone and its precursors. Other concerns were raised regarding the process used under CEPA 1999. Specific departmental responses to comments received may be obtained at the following address: http://www.ec.gc.ca/CEPA Registry/default.cfm, and will be published in the Canada Gazette (http://canada.gc.ca/gazette/gazette_e.html). The Meteorological Service of Canada has compiled a recent review of available ambient PM2.5 and precursor data to characterise contributions of the precursors to PM2.5 mass in Canada; it can be found at: http://www.msc-smc.ec.gc.ca/saib/summary-pm2.5-Eng.pdf. Additional scientific work and assessment will occur as part of the risk management activities. No submissions were received regarding the summary of reports of the assessment of Releases from primary and secondary copper smelters and copper refineries, and Releases from primary and secondary zinc smelters and zinc refineries. The addition of these six substances to the List of Toxic Substances is justified considering that there have been no additional data or information presented to contradict the conclusions from the available scientific reports. CEPA National Advisory Committee The predecessor to the CEPA National Advisory Committee, namely the CEPA Federal Provincial Advisory Committee (FPAC), has been aware of the progress towards declaration of PM10 toxic since its addition to the PSL in 1995, and of the findings of the PM SAD since it was developed by a CEPA FPAC working group. In the spring of 2000, Environment Canada apprised the newly constituted CEPA National Advisory Committee (NAC) of the department's intentions to begin the process of adding the precursors to PM 10 to Schedule 1. In the fall of 2000, CEPA NAC prepared an "Advice to Ministers" document on ozone and its precursors in which many NAC members did not support the intent to add ozone and its precursors to Schedule 1. Prior to the publication of the Notice of Intent on ozone and its precursors on June 9, 2001, NAC members were advised by Environment Canada's Minister that the Department was proceeding with the publication of a Notice of Intent. Concerns expressed by NAC members were mainly with process and issues related to risk management, and no new information, scientific or otherwise was brought forward to change the fundamental conclusions that provide the basis for adding ozone and its precursors to the List of Toxic Substances. NAC is periodically being updated on EC's progress on these substances. Compliance and Enforcement There are no compliance or enforcement requirements associated with the List of Toxic Substances in Schedule 1 itself. Contacts Christian Pilon, Manager, Federal Smog Program, Department of the Environment, Hull, Quebec K1A 0H3, (819) 953-9937; and Céline Labossière, Senior Economist, Regulatory and Economic Analysis Branch, Department of the Environment, Hull, Quebec K1A 0H3, (819) 997-2377. 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, pursuant to subsection 90(1) of that Act, proposes to make the annexed Order Adding Toxic Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999. 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 Order or a notice of objection requesting that a board of review be established under subsection 333(1) of that Act to inquire into the nature and extent of the danger posed by the substances referred to in this Order 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 addressed to the Director General, Air Pollution Prevention Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3. A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act. Ottawa, July 17, 2002 EILEEN BOYD ORDER ADDING TOXIC SUBSTANCES TO SCHEDULE 1 TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 AMENDMENT 1. Schedule 1 to the Canadian Environmental Protection Act, 1999 (see footnote 1) is amended by adding the following:
Volatile organic compounds that participate in atmospheric photochemical reactions, excluding the following:
COMING INTO FORCE 2. This Order comes into force on the day on which it is registered. [30-1-o] Rules of Procedure for Boards of ReviewStatutory Authority Canadian Environmental Protection Act, 1999 Sponsoring Department Department of the Environment REGULATORY IMPACT ANALYSIS STATEMENT Description The Canadian Environmental Protection Act, 1999 provides authority for the Minister of the Environment to make procedural rules for the operation of boards of review that the Minister is empowered to establish under the Act. The board of review constitutes an inquiry process for investigating certain types of prescribed activities that are carried out under the Act. The Rules of Procedure for Boards of Review establish general rules that will govern the conduct of reviews and, in particular, address such issues as quorum, calculation of time, notice of hearing, expert witnesses, service, and other procedural matters. The rules are required so that persons know in sufficient detail the procedures that are to be followed when appearing before a board of review. The Minister may establish a board of review where a notice of objection is filed in relation to certain prescribed activities, as described in section 333 of the Act. These activities include certain prescribed orders, regulations or instruments made by the Governor in Council, or that are made by either the Minister of the Environment or the Minister of Health. Alternatives The alternative of not developing the proposed rules of procedure was rejected, as it would have required the Minister to establish individual rules of procedure each time that a board of review is established. The decision to develop general rules of procedure was therefore selected as the most efficient and appropriate measure to guide the Minister in the eventual establishment of boards of review. Benefits and Costs The costs associated with a board of review will vary, depending on factors such as the frequency and duration of the hearings. Depending on the scope and nature of the issues before the board of review, the hearings could be relatively straightforward or they could be protracted. The associated costs will therefore be determined by the circumstances in which boards of review are established. The rules will benefit the public by providing a clear understanding of the procedures and requirements related to boards of review. They will also enable persons appearing before a board of review to understand the procedures that are to be followed. Consultation The sixty-day comment period following the publication of the proposed rules in the Canada Gazette, Part I, will constitute the basis for public consultation. Compliance and Enforcement These procedural rules for boards of review do not require any compliance strategy or enforcement mechanism. Contact Céline Labossière, Economic and Regulatory Affairs Directorate, Policy and Communications, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 997-2377. PROPOSED REGULATORY TEXT Notice is hereby given, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 (see footnote b) , that the Minister of the Environment proposes, pursuant to section 341 of that Act, to make the annexed Rules of Procedure for Boards of Review. 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 Rules or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 (see footnote c) 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 addressed to Cynthia Wright, Director General, Strategic Priorities Directorate, Environmental Protection Services, Department of the Environment, Ottawa, Ontario K1A 0H3. A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act. Ottawa, July 15, 2002 DAVID ANDERSON RULES OF PROCEDURE FOR BOARDS OF REVIEW INTERPRETATION 1. The following definitions apply in these Rules. "Act" means the Canadian Environmental Protection Act, 1999. (Loi) "applicant" means a person who has filed a notice of objection under the Act. (demandeur) "Board" means a board of review established under section 333 of the Act. (commission) "interested person" means a government, association or person having an interest in the outcome of an inquiry for a purpose that is neither frivolous nor vexatious. (personne interessée) "Minister" means the Minister or Ministers who establishes a Board under section 333 of the Act. "party" means
NON-APPLICATION 2. These rules do not apply in an inquiry to the extent that they are inconsistent with any particular rules that may be made with respect to that inquiry by the Minister under section 341 of the Act. POWERS OF BOARD TO VARY RULES 3. (1) At any time during an inquiry, if it is just, fair and in the public interest to do so, the Board may vary or dispense with these Rules. (2) If the Board varies or dispenses with these Rules, the Board must inform the Minister and the parties without delay and issue directions concerning the procedures to be followed at the inquiry. QUORUM 4. A majority of the members of a Board constitutes a quorum and the absence of a member of the Board does not impair the right of the quorum to act. CALCULATION OF TIME 5. Any period of time set out in these Rules or set by the Board in the course of an inquiry, shall be calculated as a number of consecutive calendar days. CONFERENCE 6. The Board may direct the Minister and the parties to attend a conference for the purpose of
NOTICE OF HEARING 7. (1) The Board shall give written notice of a hearing to the Minister and the parties at least 30 days before the commencement of the hearing. (2) The notice shall include the subject matter, time and place of the hearing and information on how to present evidence or make representations. (3) The notice shall state whether all or part of the hearing will be conducted orally or in writing. WRITTEN SUBMISSION 8. The Board may require the Minister or a party to file, at least seven days before a hearing, a written submission with the Board containing
EXPERT WITNESSES 9. (1) A party who intends to introduce the evidence of an expert witness shall, at least 20 days before the hearing begins, serve a report on the Minister and the other parties and file the report with the Board. (2) A party on whom a report described in subsection (1) has been served and who wishes to use the evidence of an expert witness to rebut a matter set out in the report shall, at least 10 days before the hearing begins, serve a report of the expert on the Minister and the other parties and file the report with the Board. (3) A report referred to in subsection (1) or (2) shall include the qualifications of the expert and a full statement of the evidence to be presented. (4) If the Minister intends to introduce the evidence of an expert witness, the Minister shall serve on the parties and file with the Board the report referred to in subsection (1) or (2) , as applicable, within the number of days set out in that subsection. INTERVENORS 10. (1) An interested person who intends to intervene in an inquiry shall file with the Board and serve on the Minister and every party a written application for leave to intervene that
(2) The Board, in determining whether to grant intervenor status and the opportunity to appear before it in accordance with section 335 of the Act, shall provide the parties and the Minister the opportunity to make representations on whether the person should be granted intervenor status and take into consideration any other relevant matter, including
(3) The Board must notify the Minister and the parties of its decision with respect to an application for leave to intervene. (4) The Board may direct the Minister or a party to provide to an intervenor information or evidence that they provided to the Board prior to the filing of the application for leave to intervene. REPRESENTATION 11. (1) The Minister, a party or a witness may be represented at a hearing by counsel. (2) The Board, on motion, may authorize an agent to represent a party or a witness if the agent is competent to properly represent or advise the party or witness. EVIDENCE 12. (1) The Board may accept evidence or representations in person, in writing or in electronic form, including by teleconference or videoconference. (2) The Board may require a party that has filed evidence with the Board to serve copies of that evidence on the other parties or the Minister. (3) The Board may require the Minister to serve copies of evidence that the Minister has filed with the Board on the parties. PUBLIC NATURE OF INQUIRY 13. Hearings conducted by the Board shall be public and information provided to the Board in respect of an inquiry shall be placed on the public record except if the information or evidence is treated as confidential in accordance with sections 313 to 321 of the Act. SERVICE OF DOCUMENTS 14. (1) Any document that is required by these Rules to be served or filed may be served or filed by hand, mail or any other means in which the recipient is capable of receiving it, including electronic format. (2) A person who serves a document electronically shall, within seven days after the date of service, provide a paper copy of the document to the recipient, unless the recipient waives that right in writing. (3) The date of service of a document is the date that it is received by the person being served or their authorized representative. COMING INTO FORCE 15. These Rules come into force on the day on which they are registered. [30-1-o] S.C. 1999, c. 33 S.C. 1999, c. 33 S.C.. 1999, c. 33 S.C.. 1999, c. 33 |
||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||
