Forward Regulatory Plan 2017 to 2019, Environment and Climate Change Canada, chapter 2

Chemicals Management

Proposed Regulatory Initiatives

Regulations Amending the Concentration of Phosphorus in Certain Cleaning Products Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Article 11.8 of the WTO Agreement on Trade Facilitation prohibits the application of technical regulations and conformity assessment procedures on goods in transit. Amendments to the Concentration of Phosphorus in Certain Cleaning Products Regulations would allow Canada to comply with the WTO Agreement. At the same time, a minor amendment will be made to address technical issues in the Regulations and the text of the laboratory accreditation provision will be standardized.

Indication of business impact

There are no expected business impacts.

Consultation

A Consultation Document was published on January 10, 2017 for a 30-day public comment period. Further consultations will occur after publication of proposed regulations in the Canada Gazette, Part I.  Target date for publication is late 2017.  Publication of the final amendments will be the end of 2018.

Contact

Xin Gao
Acting Director, Products Division
Telephone: 819-938-4201
Fax: 819-938-4179
Email: xin.gao@canada.ca

Cross-Border Movement of Hazardous Waste and Hazardous Recyclable Material Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed regulations would replace and consolidate three existing regulations: the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, the Interprovincial Movement of Hazardous Waste Regulations and the PCB Waste Export Regulations, 1996.

The proposed regulations would update and clarify the requirements for international and interprovincial movements of hazardous waste and hazardous recyclable material. They would also add new provisions for international movements of electronic waste.

The proposed regulations would primarily affect the waste management industry.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

The 2010 discussion paper and a summary of comments received with preliminary responses are available on the Environment and Climate Change Canada website www.ec.gc.ca/gdd-mw/default.asp?lang=En&n=E154C6BB-1.

Further consultations with stakeholders will take place in 2017, prior to the publication of proposed regulations in the Canada Gazette, Part I.

The proposed regulations will be published in the Canada Gazette, Part I for a 60-day comment period in 2018.

Contact

Director, Waste Reduction and Management Division
Telephone: 819-938-4506
Fax: 819-938-4553
Email: ec.mt-tm.ec@canada.ca

Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed regulations would make amendments to multiple CEPA regulations related to issues such as outdated standards and inconsistencies between English and French text.

The proposed regulations would be of interest to the regulatees and stakeholders of the following CEPA regulations:

  1. Contaminated Fuel Regulations;
  2. Benzene in Gasoline Regulations;
  3. Tributyltetracylphosphonium 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);
  8. Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations; and
  9. Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

The proposed regulations were published in Canada Gazette, Part I for a 75-day comment period on October 1, 2016 (http://www.gazette.gc.ca/rp-pr/p1/2016/2016-10-01/html/reg1-eng.php).

Target date for publication in Canada Gazette, Part II is fall 2017.

Contact

Astrid Télasco
Director, Regulatory Innovation and Management Systems
Telephone: 819-938-4478
Fax: 819-938-4480
Email: astrid.telasco@canada.ca

Omnibus Regulation to Amend Laboratory Accreditation Provisions in Various Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

This regulation will standardize the laboratory accreditation provisions within ECCC regulations.

Indication of business impact

There are no expected business impacts.

Consultation

Publication in the Canada Gazette, Part I will be targeted for 2018.

Contact

Astrid Télasco
Director, Regulatory Innovation and Management Systems
Telephone: 819-938-4478
Fax: 819-938-4480
Email: astrid.telasco@canada.ca

Regulations Amending the Chromium Electroplating, Chromium Anodizing, and Reverse Etching Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed amendments would provide more flexibility and consistency for facilities to comply with the regulations and would clarify regulatory requirements.

The proposed amendments would affect the metal finishing industry.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Environment and Climate Change Canada conducted an online public consultation concerning the proposed regulatory amendments in summer 2014.

A second consultation is scheduled in 2017.

The proposed amendments will be published in the Canada Gazette, Part I for a 60-day comment period. Target date for publication is 2018.

Contact

Nathalie Morin
Director, Chemical Production Division
Telephone: 819-420-8047
Fax: 819-944-5030
Email: nathalie.morin4@canada.ca

Regulations Amending the New Substances Notification Regulations (Organisms)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

In order to keep pace with recent scientific advances, amendments to subsection 2(4) and section 4 of the Regulations are being proposed:

a) The addition of new information schedules for importers and manufacturers of higher organisms, so that the notification timelines and information requirements are tiered, based on the proposed use/exposure of the organism; and

b) New Research and Development (R&D) exemption criteria, with mandatory reporting of all decisions made by a "qualified designated authority" that a new higher organism meets exemption criteria.

The proposed amendments would affect manufacturers and importers of new higher organisms, including those in the R&D sector working at universities, hospitals, other institutes and private companies.

Indication of business impact

There may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

Three multi-stakeholder, two-day workshops were held with affected stakeholder groups (universities, environmental non-governmental organizations, other government departments and companies) in 2006, 2007 and 2010. A scientific expert group met in 2009 to provide the government with recommendations. In 2012, a case study involving select researchers testing the reporting process was conducted. A final consultation was held June 1-2, 2016 by webinar.

The proposed amendments will be published in the Canada Gazette, Part I for a 60-day comment period in 2018.

Contact

Jim Louter
Manager, Biotechnology Section
Telephone: 819-938-5057
Fax: 819-994-3121
Email: jim.louter@canada.ca

Regulations Amending the Prohibition of Certain Toxic Substances Regulations, 2012 [BNST]

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The Prohibition of Certain Toxic Substances Regulations, 2012 (the Regulations) prohibit, with some exemptions, the manufacture, use, sale, offer for sale, and import of certain toxic substances and products containing these substancess.

The substance Benzenamine, N-phenyl-, Reaction Products with Styrene and 2,4,4-Trimethylpentene (BNST) was added to the Regulations in 2013.

Following the conclusion of the final screening assessment for substituted diphenylamine (SDPA) substances, the amendments will either:

1) Remove  the requirements for BNST from the Regulations; or

2) Modify the requirements for BNST under the Regulations, to provide flexibility for its use beyond March 2018, in replacement parts and legacy equipment.

Indication of business impact

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.

Consultation

The proposed amendments were published in Canada Gazette, Part I for a 75-day public comment period on November 5, 2016. (http://www.gazette.gc.ca/rp-pr/p1/2016/2016-11-05/html/reg3-eng.php)

Target date for publication in Canada Gazette, Part II is fall 2017.

Contact

Gwen Goodier
Executive Director, Chemicals Management Division
Telephone: 819-938-4506
Fax: 819-938-4300
Email: gwen.goodier@canada.ca

Regulations Repealing the Chlor-Alkali Mercury Release Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

This regulation is no longer required and is therefore being repealed. The last Canadian mercury cell plant closed in June 2008. It is unlikely that any new chlorine production facilities in Canada will use mercury cell technology, since Canada signed the Minamata Convention on Mercury in October 2013, and there are now alternate processes.

Related to:

Regulations Repealing the Chlor-Alkali Mercury Liquid Effluent Regulations

Consequential amendments are also being made to repeal items 6 and 7 of the Schedule to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999).

Indication of business impact

There are no expected business impacts.

Consultation

The proposed Regulations (for the repeal) will be published in the Canada Gazette, Part I, for a 60-day comment period. The publication is targeted for fall 2017.

Contact

Nathalie Morin
Director, Chemical Production Division
Telephone: 819-420-8047
Fax: 819-944-5030
Email: nathalie.morin4@canada.ca

Regulations Amending the Release and Environmental Emergency Notification Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed regulations would make minor amendments to the Release and Environmental Emergency Notification Regulations.

Organizational changes which occurred within Environment and Climate Change Canada and other federal, provincial or territorial governments, as well as the amendments made to other regulations referenced in the Release and Environmental Emergency Notification Regulations have caused some information in the Release and Environmental Emergency Notification Regulations to become out of date.  Updates are required in order to keep these Regulations current and clear.

Related to:

Regulations Amending the Deposit Out of the Normal Course of Events Notification Regulations

These proposed amendments would not affect the regulated community or the public.

Indication of business impact

There are no expected business impacts.

Consultation

The proposed regulations will be published in the Canada Gazette, Part I for comment period. Target date for publication is fall 2017.

Contact

Tanya Bryant
A/Director, Environmental Emergencies Division
Telephone: 819-934-4072
Fax: 819-420-7624
Email: tanya.bryant@canada.ca

Regulations to Prohibit the Manufacture and Import of Lead Wheel Weights

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed regulations is to prohibit the manufacture and import of wheel weights that contain more than 0.1% by weight of lead destined for use in the Canadian market.

Indication of business impact

There are no expected business impacts.

Consultation

The proposed regulations are anticipated to be published in the Canada Gazette, Part I for a 60-day comment period in 2018.

Contact

Xin Gao
Acting Director, Products Division
Telephone: 819-938-4201
Fax: 819-938-4179
Email: xin.gao@canada.ca

Orders Adding Substances to Schedule 1 to the Canadian Environmental Protection Act, 1999

Enabling Act

Canadian Environmental Protection Act, 1999

Description

From time to time, the Minister of the Environment and the Minister of Health will recommend further orders under the Canadian Environmental Protection Act, 1999 (CEPA), which authorizes the Governor-in-Council to add substances concluded to be “toxic” to Schedule 1 of CEPA.

Indication of business impact

There are no expected business impacts.

Consultation

The proposed orders will be published in the Canada Gazette, Part I for a 60-day comment period. Timing and further details of proposed additions are to be determined.

Contact

Julie Thompson
Director, Program Development and Engagement Division
Telephone: 1-800-567-1999
Fax: 819-938-3231
Email:eccc.substances.eccc@canada.ca

Asbestos Prohibition Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The regulatory proposal aims to prohibit all future activities respecting asbestos and products containing asbestos, including the manufacture, use, sale, offer for sale, and import. The regulations will not address mining activities and processing of mining residues containing asbestos.  Separate regulatory proposals will address exports of asbestos.

This initiative is related to items:

Amendments to the Export of Substances on the Export Control List regulations (Asbestos); and

Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 (Asbestos) – Export Control List

The regulations would affect industries that manufacture, use, sell, offer for sale, or import asbestos and products containing asbestos.

Indication of business impact

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.

Consultation

A Notice of Intent to Develop Regulations Respecting Asbestos was published in Canada Gazette, Part I on December 17, 2016 for a 30-day comment period (http://canadagazette.gc.ca/rp-pr/p1/2016/2016-12-17/html/notice-avis-eng.php#nl3).

A consultation document outlining the regulatory proposal was published in April 2017 for a 45-day comment period (http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=A5520893-1).

The proposed regulations are expected to be published in Canada Gazette, Part I for a 75-day comment period in fall 2017.

Target date for publication of the final regulations in Canada Gazette, Part II is fall 2018.

Contact

Gwen Goodier
Executive Director, Chemicals Management Division
Telephone: 819-938-4506
Fax: 819-938-4300
Email: gwen.goodier@canada.ca

Amendments to the Export of Substances on the Export Control List regulations (Asbestos)

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The regulatory proposal aims to prohibit all future activities respecting exports of asbestos and asbestos-containing products, with certain exceptions. Separate regulatory proposals will address other aspects of the asbestos life cycle.

The Export of Substances on the Export Control List Regulations would be amended to add a prohibition for the export of all types of asbestos.

This initiative is related to items:

Prohibition of Asbestos Regulations; and

Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 (Asbestos) – Export Control List

The Export of Substances on the Export Control List Regulations apply to the substances listed on the Export Control List and would affect industries that export asbestos and asbestos-containing products.

Indication of business impact

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.

Consultation

A Notice of Intent to Develop Regulations Respecting Asbestos was published in Canada Gazette, Part I on December 17, 2016 for a 30-day comment period (http://canadagazette.gc.ca/rp-pr/p1/2016/2016-12-17/html/notice-avis-eng.php#nl3).

A consultation document outlining the regulatory proposal was published in April 2017 for a 45-day comment period (http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=A5520893-1).

The proposed regulations will be published in Canada Gazette, Part I for a 75-day comment period in fall 2017.

Target date for publication of the final regulations in Canada Gazette, Part II is fall 2018.

Contact

Nathalie Morin
Director, Chemical Production Division
Telephone: 819-420-8047
Fax: 819-944-5030
Email: nathalie.morin4@canada.ca

Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 (Asbestos) – Export Control List

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The Export Control List (Schedule 3 to CEPA) would be amended by Ministerial Order to list the various forms of asbestos.  Once listed, exports of these substances would be subject to regulatory controls under the Export of Substances on the Export Control List Regulations.  Minor administrative amendments are included.

This initiative is related to items:

Prohibition of Asbestos Regulations; and

Amendments to the Export of Substances on the Export Control List regulations (Asbestos)

The Export of Substances on the Export Control List Regulations would apply to the various forms of asbestos listed on the Export Control List and would affect industries that export asbestos and asbestos-containing products.

Indication of business impact

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.

Consultation

A Notice of Intent to Develop Regulations Respecting Asbestos was published in Canada Gazette, Part I on December 17, 2016 for a 30-day comment period (http://canadagazette.gc.ca/rp-pr/p1/2016/2016-12-17/html/notice-avis-eng.php#nl3).

A consultation document outlining the regulatory proposal was published in April 2017 for a 45-day comment period (http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=A5520893-1).

The proposed regulations will be published in Canada Gazette, Part I for a 75-day comment period in fall 2017.

Target date for publication of the final regulations in Canada Gazette, Part II is fall 2018.

Contact

Nathalie Morin
Director, Chemical Production Division
Telephone: 819-420-8047
Fax: 819-944-5030
Email: nathalie.morin4@canada.ca

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