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Registration SOR/2000-102 23 March, 2000 CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 Regulations Amending Certain Regulations Made under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program) P.C. 2000-343 23 March, 2000 Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999 ( S.C. 1999, c. 33), the Minister of the Environment published in the Canada Gazette, Part I, on November 6, 1999, a copy of the proposed Regulations Amending Certain Regulations Made under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program), substantially in the annexed form, and persons were given an opportunity to file comments with respect to the 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 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, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 ( S.C. 1999, c. 33), on the recommendation of the Minister of the Environment and the Minister of Health, hereby makes the annexed Regulations Amending Certain Regulations Made under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program). REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER SUBSECTION 93(1) OF THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 (MISCELLANEOUS PROGRAM) CHLOR-ALKALI MERCURY RELEASE REGULATIONS 1. The Chlor-Alkali Mercury Release Regulations ( SOR/90-130) are amended by replacing the word "inspector" with the expression "enforcement officer" in the following provisions: (a) subsection 5(4); (b) subsection 9(2); and (c) Schedule I. ASBESTOS MINES AND MILLS RELEASE REGULATIONS 2. The Asbestos Mines and Mills Release Regulations ( SOR/90-341) are amended by replacing the word "inspector" with the words "enforcement officer" in the following provisions: (a) subsection 6(5); (b) subsection 7(2); and (c) Schedule I. CHLOROBIPHENYLS REGULATIONS 3. The definition "chlorobiphenyls" in section 2 of the Chlorobiphenyls Regulations ( SOR/91-152) is replaced by the following: "chlorobiphenyls" means the chlorobiphenyls described in item 1 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999; (biphényles chlorés) SECONDARY LEAD SMELTER RELEASE REGULATIONS 4. The Secondary Lead Smelter Release Regulations ( SOR/91-155) are amended by replacing the word "inspector" with the expression "enforcement officer" in the following provisions: (a) subsection 9(4); (b) subsection 15(2); and (c) Schedule I. CONTAMINATED FUEL REGULATIONS 5. The long title of the Contaminated Fuel Regulations ( SOR/91-486) is replaced by the following: REGULATIONS RESPECTING THE IMPORT AND EXPORT OF CONTAMINATED FUEL 6. Section 2 of the Regulations is replaced by the following: 2. In these Regulations, "contaminated fuel" means any fuel described in item 13 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999. 7. Section 7 of the Regulations and the heading before it are repealed. PULP AND PAPER MILL EFFLUENT CHLORINATED DIOXINS AND FURANS REGULATIONS 8. The long title of the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations ( SOR/92-267) is replaced by the following: REGULATIONS RESPECTING THE RELEASE OF POLYCHLORINATED DIBENZO-PARA-DIOXINS AND POLYCHLORINATED DIBENZOFURANS IN EFFLUENTS FROM PULP AND PAPER MILLS 9. The definitions "Act" and "Reference Method" in section 2 of the Regulations are replaced by the following: "Act" means the Canadian Environmental Protection Act, 1999; (Loi) "Reference Method" means the Reference Method for the Determination of Polychlorinated Dibenzo-para-dioxins (PCDDs) and Polychlorinated Dibenzofurans (PCDFs) in Pulp and Paper Mill Effluents, published by the Department of the Environment, Report EPS 1/RM/19, 1992, as amended from time to time; (méthode de référence) 10. The heading before section 8 and sections 8 and 9 of the Regulations are repealed. PULP AND PAPER MILL DEFOAMER AND WOOD CHIP REGULATIONS 11. The long title of the Pulp and Paper Mill Defoamer and Wood Chip Regulations ( SOR/92-268) is replaced by the following: REGULATIONS RESPECTING THE MANUFACTURE, IMPORT, OFFERING FOR SALE, SALE AND USE OF DEFOAMERS CONTAINING DIBENZOFURAN OR DIBENZO-PARA-DIOXIN AT PULP AND PAPER MILLS USING CHLORINE BLEACHING PROCESSES AND OF WOOD CHIPS CONTAINING POLYCHLORINATED PHENOLS AT ALL PULP AND PAPER MILLS 12. The definitions "Act", "dibenzofuran" and "dibenzo-para-dioxin" in section 2 of the Regulations are replaced by the following: "Act" means the Canadian Environmental Protection Act, 1999; (Loi) "dibenzofuran" means the dibenzofuran described in item 15 of the List of Toxic Substances in Schedule 1 to the Act; (dibenzofuranne) "dibenzo-para-dioxin" means the dibenzo-para-dioxin described in item 14 of the List of Toxic Substances in Schedule 1 to the Act; (dibenzo-para-dioxine) 13. In section 5 of the Regulations, the words "Reference -- Method for the Determination of Dibenzofurans and Dibenzo-p-dioxins in Defoamers" are replaced by the words "Reference Method for the Determination of Dibenzofuran and Dibenzo-p-dioxin in Defoamers". 14. Section 10 of the Regulations and the heading before it are repealed. STORAGE OF PCB MATERIAL REGULATIONS 15. The long title of the Storage of PCB Material Regulations ( SOR/92-507) is replaced by the following: REGULATIONS RESPECTING THE STORAGE OF MATERIAL CONTAINING CHLOROBIPHENYLS (PCBs) 16. The definition "PCBs" in section 2 of the Regulations is replaced by the following: "PCBs" means any chlorobiphenyls described in item 1 of the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999; (BPC) 17. Section 17 of the Regulations and the heading before it are repealed. 18. The Regulations are amended by replacing the word "inspector" with the words "enforcement officer" in the following provisions: (a) section 7; and (b) sections 13 and 14. VINYL CHLORIDE RELEASE REGULATIONS, 1992 19. The definition "Act" in section 2 of the Vinyl Chloride Release Regulations, 1992 ( SOR/92-631) is replaced by the following: "Act" means the Canadian Environmental Protection Act, 1999; (Loi) 20. The Regulations are amended by replacing the word "inspector" with the expression "enforcement officer" in the following provisions: (a) subsection 5(2); (b) subsection 7(2); (c) paragraph 8(3)(c); (d) paragraph 8(4)(a); and (e) section 12. 21. The Regulations are amended by replacing the expression "paragraph 36(1)(a) of the Act" with the expression "paragraph 95(1)(a) of the Act" in the following provisions, with such modifications as the circumstances require: (a) the heading before section 7; and (b) subsections 7(1) and (2). 22. The heading of Schedule V to the Regulations is replaced by the following: REPORT PURSUANT TO PARAGRAPH 95(1)(a) OF THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 PROHIBITION OF CERTAIN TOXIC SUBSTANCES REGULATIONS 23. The long title of the Prohibition of Certain Toxic Substances Regulations ( SOR/96-237) is replaced by the following: REGULATIONS RESPECTING THE PROHIBITION OF THE MANUFACTURE, USE, PROCESSING, SALE, OFFERING FOR SALE AND IMPORT OF CERTAIN TOXIC SUBSTANCES 24. The heading before section 5 and sections 5 to 7 of the Regulations are repealed. BENZENE IN GASOLINE REGULATIONS 25. The definition "Act" in subsection 1(1) of the Benzene in Gasoline Regulations ( SOR/97-493) is replaced by the following: "Act" means the Canadian Environmental Protection Act, 1999. (Loi) 26. Part 3 of the Regulations is repealed. OZONE-DEPLETING SUBSTANCES REGULATIONS, 1998 27. (1) The definition "chlorofluoroalcane" ou "CFC" in section 1 of the French version of the Ozone-depleting Substances Regulations, 1998 ( SOR/99-7) is repealed. (2) The definition "Act" in section 1 of the Regulations is replaced by the following: "Act" means the Canadian Environmental Protection Act, 1999. (Loi) (3) In the definition "controlled substance" in section 1 of the Regulations, the expression "Schedule I of the Act" is replaced by the expression "Schedule 1 to the Act". (4) The expression "(chlorofluoroalcane ou CFC)" at the end of the definition "chlorofluorocarbon" or "CFC" in section 1 of the English version of the Regulations is replaced by the expression "(chlorofluorocarbure ou CFC)". (5) Section 1 of the French version of the Regulations is amended by adding the following in alphabetical order: « chlorofluorocarbure » ou « CFC » Chlorofluorocarbure entièrement halogéné dont chaque molécule est formée de un, deux ou trois atomes de carbone et d'au moins un atome de chlore et un atome de fluor. (chlorofluorocarbon or CFC) 28. In subsection 34(2) of the Regulations, the expression "subsection 19(1)" is replaced by the expression "subsection 313(1)". 29. Section 37 of the Regulations is repealed. 30. The Regulations are amended by replacing the expression "section 16 or 18 of the Act" with the expression "section 16 or 18 of the Canadian Environmental Protection Act or, when appropriate, section 71 of the Act" in the following provisions: (a) paragraph 10(1)(b); (b) subsection 10(2); and (c) paragraph 10(7)(a). 31. The French version of the Regulations is amended by replacing the word "chlorofluoroalcanes" with the word "chlorofluorocarbures" in the following provisions: (a) item 8 of Schedule 2; (b) item 3 of Schedule 3; and (c) item 4 of Schedule 4. COMING INTO FORCE 32. These Regulations come into force on March 31, 2000. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The purpose of these Regulations is to ensure that existing Regulations under the Canadian Environmental Protection Act, are consistent with the new Canadian Environmental Protection Act, 1999. All of the amendments being put forward are of a technical nature, and do not include any substantive changes to the Regulations. These Regulations are being made to harmonize the wording in the Regulations with the terminology and scheme of the new Act. The Regulations included in this submission are as follows: Asbestos Mines and Mills Release Regulations Benzene in Gasoline Regulations Chlor-Alkali Mercury Release Regulations Chlorobiphenyls Regulations Contaminated Fuel Regulations Ozone-Depleting Substances Regulations, 1998 Prohibition of Certain Toxic Substances Regulations Pulp and Paper Mill Defoamer and Wood Chips Regulations Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations Secondary Lead Smelter Release Regulations Storage of PCB Material Regulations Vinyl Chloride Release Regulations, 1992 These changes will have no impact on Canadians. The proposed Regulations and accompanying Regulatory Impact Analysis Statement were pre-published in the Canada Gazette, Part I on November 6, 1999. Stakeholders were required to provide comments on the Regulations and RIAS within 60 days of their pre-publication. Following the pre-publication of the proposed Regulations, no comments were received and no changes were made to the Regulations. Contact Cynthia Wright Director General Strategic Priorities Directorate Environmental Protection Service Environment Canada Ottawa, Ontario K1A 0H3 Tel.: (819) 953-6830 FAX: (819) 997-9806
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