Forward Regulatory Plan 2018 to 2020, 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 World Trade Organization (WTO) Agreement on Trade Facilitation limits the ability of a WTO member to apply technical regulations to goods moving through its territory to another foreign point. Amendments to the Concentration of Phosphorus in Certain Cleaning Products Regulations would ensure consistency with Canada’s international obligations under 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 may be business impacts. The "One-for-One" Rule and/or the Small Business Lens may apply.

Consultation

A Consultation Document was published on January 10, 2017 for a 30-day public comment period.

The proposed amendments were published in the Canada Gazette, Part I, on March 31, 2018 for a 75-day public comment period. The publication of the final regulation in the Canada Gazette, Part II, is targeted for Spring 2019.

Contact

Tracey Spack
Director, Products Division
Telephone: 819-938-4209
Fax: 819-938-4179
Email: tracey.spack2@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, clarify and streamline the requirements for international and interprovincial movements of hazardous waste and hazardous recyclable material to improve the overall administration of the Regulations. They would also provide the flexibility to more efficiently implement the electronic movement tracking system under development.

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

Consultations with stakeholders through publication of a discussion paper were completed October 6, 2017.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in Fall 2018 or Winter 2019 for a 60-day public comment period.

Contact

Nathalie Perron
Director, Waste Reduction and Management Division
Telephone: 819-938-4266
Fax: 819-938-4553
Email: nathalie.perron@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 CEPA regulations.

Indication of business impact

There are no expected business impacts.

Consultation

The proposed regulations are targeting publication in the Canada Gazette, Part I, in 2018-2019 for a 60-day public comment period.

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 - Phase 2

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 was held in the fall of 2017.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in 2019 for a 60-day public comment period.

Contact

Nicole Folliet
Director, Chemical Production Division
Telephone: 819-420-7708
Fax: 819-938-4218
Email: nicole.folliet@canada.ca

Regulations Amending the Chromium Electroplating, Chromium Anodizing, and Reverse Etching Regulations - Phase 1

Enabling Act

Canadian Environmental Protection Act, 1999

Description   

Environment and Climate Change Canada is in the process of addressing issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) on the Chromium Electroplating, Chromium Anodizing, and Reverse Etching Regulations. The Department will propose amendments to the Regulations that would be administrative in nature.

Indication of business impact

There are no expected business impacts.

Consultation

The proposed amendments are targeting publication in the Canada Gazette, Part I, in Fall 2018 for a 60-day public comment period.

Contact

Nicole Folliet
Director, Chemical Production Division
Telephone: 819-420-7708
Fax: 819-938-4218
Email: nicole.folliet@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:

  1. 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
  2. New Research and Development (R&D) scheme, 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

Consultations were held June 1-2, 2016 by face-to-face and by webinar. Additional consultation related to transparency in the New Substances Program took place in May 2018 at the CMP multi-stakeholder workshop and will also be part of the Post-2020 consultation process in Fall 2018.

The proposed amendments are targeting publication in the Canada Gazette, Part I, in 2020 for a 60-day public comment period.

Contact

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

Consequential amendments are also being made to repeal items 2 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 were published in the Canada Gazette, Part I, on April 28, 2018 for a 60-day public comment period. The publication of the final regulation in the Canada Gazette, Part II, is targeted for Spring 2019.

Contact

Nicole Folliet
Director, Chemical Production Division
Telephone: 819-938-4072
Fax: 819-938-4218
Email: nicole.folliet@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 are targeting publication in the Canada Gazette, Part I, in Winter 2019 for a 60-day public comment period.

Contact

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

Regulations Prohibiting the Manufacture and Import of Lead Wheel Weights in Canada

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The proposed regulations would prohibit the manufacture and import of wheel weights that contain more than 0.1% by weight of lead used in vehicles designed to operate on Canadian roads or required to be registered under a province or territory in Canada.

Indication of business impact

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

Consultation

In 2014, ECCC held consultations on proposed risk management options to encourage the use of alternatives to lead wheel weights.

In spring 2017, ECCC consulted on a regulatory approach to prohibit the manufacture and import of lead wheel weights.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in 2019 for a 60-day public comment period.

Contact

Tracey Spack
Director, Products Division
Telephone: 819-938-4209
Fax: 819-938-4179
Email: tracey.spack2@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

Prohibition of Asbestos and Asbestos Products Regulations

Related Amendments to the Export of Substances on the Export Control List Regulations and Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

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, import and export. The regulations and related amendments will not address mining activities and processing of mining residues containing asbestos.This initiative is related to item:

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

The regulations would affect industries that manufacture, use, sell, import or export 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.

A consultation document outlining the regulatory proposal was published in April 2017 for a 45-day comment period.

The proposed amendments were published in the Canada Gazette, Part I, on January 6, 2018 for a 75-day public comment period. The publication of the final regulation in the Canada Gazette, Part II, is targeted for Fall 2018.

Contact

Gwen Goodier (Prohibition of Asbestos and Asbestos Products Regulations)
Executive Director, Chemicals Management Division
Telephone: 819-938-4506
Fax: 819-938-4300
Email: gwen.goodier@canada.ca

Nicole Folliet (Related Amendments to the Export of Substances on the Export Control List Regulations)
Director, Chemical Production Division
Telephone: 819-420-7708
Fax: 819-938-4218
Email: nicole.folliet@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 and Asbestos Products Regulations
  • Amendments to the Export of Substances on the Export Control List Regulations (Asbestos); and
  • Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)

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.

A consultation document outlining the regulatory proposal was published in April 2017 for a 45-day comment period.

The proposed order was published in the Canada Gazette, Part I, on January 6, 2018 for a 75-day public comment period. The publication of the final order in the Canada Gazette, Part II, is targeted for Fall 2018.

Contact

Nicole Folliet
Director, Chemical Production Division
Telephone: 819-420-7708
Fax: 819-938-4218
Email: nicole.folliet@canada.ca

Amendments to the Products Containing Mercury Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

The Products Containing Mercury Regulations have been in effect since November 8, 2015. They prohibit the manufacture and import of products containing mercury or any of its compounds, with some exemptions.

Minor changes must be made to three product categories exempted from the Regulations to fully align with the requirements of the Minamata Convention on Mercury, which entered into force on August 16, 2017.

Other amendments would be considered to harmonize with standards developed for some mercury-containing products with those of industry and the international community and to improve certain administrative aspects of the Regulations.

Indication of business impact

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

Consultation

A consultation document outlining the regulatory proposal was published on February 1, 2018 for a 60-day comment period.

The proposed regulations are targeting publication in the Canada Gazette, Part I, in 2019 for a 75-day public comment period.

Contact

Tracey Spack
Director, Products Division
Telephone: 819-938-4209
Fax: 819-938-4179
Email: tracey.spack2@canada.ca

Miscellaneous Amendments Regulation (MAR) Amending the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

Enabling Act

Canadian Environmental Protection Act, 1999

Description

Environment and Climate Change Canada is in the process of addressing issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) on the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations. The Department will propose amendments to the Regulations that would be administrative in nature.

Indication of business impact

There are no expected business impacts.

Consultation

The proposed amendments are targeting publication in the Canada Gazette, Part I, in Spring 2019 for a 60-day public comment period.

Contact

Nathalie Perron
Director, Waste Reduction and Management Division
Telephone: 819-938-4266
Fax: 819-938-4553
Email: nathalie.perron@canada.ca

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