Consultation Document - Draft Order Amending Schedule 3 to CEPA 1999 (the Export Control List)

Draft Order Amending Schedule 3 to CEPA 1999
the Export Control List

Environment Canada is undertaking consultations on a Draft Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 (CEPA 1999). Schedule 3, or the Export Control List, includes substances which are prohibited or restricted for use in Canada or are subject to an international agreement that requires the notification or the consent of the country of destination before they are exported from Canada.

Two regulations control the export of substances listed to the Export Control List. They are the Export Control List Notification Regulations (SOR/2000-108) (“Notification Regulations”) and the Export of Substances Under the Rotterdam Convention Regulations (SOR/2002-317) (“Rotterdam Regulations”). The proposed amendments to the Export Control List are summarized in this document and, where applicable, proposed wording for the draft Order is included.

The Export Control List contains substances grouped in three parts:

• Substances in Part 1 are subject to a use prohibition in Canada. They can be exported only for the purpose of destruction.
• Substances in Part 2 are subject to the Prior Informed Consent Procedure of the Rotterdam Convention¹.
• Substances in Part 3 are subject to domestic controls which restrict their use in Canada.

Substances are added to the Export Control List by Ministerial Order by the Ministers of Environment and Health.

The Export Control List Notification Regulations describe the manner in which to notify of exports of substances listed in the Export Control List. These regulations apply to all exports of all substances listed in the Export Control List.

At the international level, Canada is Party to the Rotterdam Convention which imparts obligations for exports of substances listed to Annex III of the Convention. Canada is obligated to respect conditions of export to other Parties to the Convention (consent, no consent, consent under conditions) for substances listed in Annex III of the Convention.

The Export of Substances Under the Rotterdam Convention Regulations apply to exports of substances destined for another Party to the Rotterdam Convention. These regulations ensure that information is supplied (through permit applications) so that Canada can meet its obligations under the Rotterdam Convention.

Canada is also Party to the Stockholm Convention² which imparts obligations to control the export of certain substances. Substances prohibited under the Stockholm Convention can be exported only for environmentally sound disposal and these are added to Part 1 of the Export Control List provided they are subject to a domestic control that prohibits their use. Substances with exemptions for use(s) identified under the Stockholm Convention can be listed to Part 3 of the Export Control List in order to align domestic controls with the accepted uses under the Stockholm Convention.

The federal legislative authority for the regulation of pesticides in Canada is the Pest Control Products Act (PCPA). A pesticide cannot be registered under the PCPA unless the risks to health and the environment are acceptable, and the product has value. Where risks to health or environment are not acceptable, the government can restrict the use or discontinue the registration.

The proposed key changes to the Export Control List (ECL) include:

• Adding six (6) substances to Part 1 of the Export Control List ("ECL") which are subject to domestic prohibitions on their use;
• Adding two (2) groups of substances to Part 2 of the ECL which have been added to Annex III to the Rotterdam Convention;
• Moving two (2) substances currently listed to Part 3 of the ECL to Part 2 as a result of their inclusion on Annex III to the Rotterdam Convention;
• Adding seven (7) substances and two (2) groups of substances to Part 3 of the ECL which are subject to domestic controls restricting their use or international export obligations under the Stockholm Convention;
• Amending the description of six (6) substances currently listed to Part 2 of the ECL to align with descriptions on Annex III to the Rotterdam Convention; and
• Clarifying the text by making administrative amendments.

Each of these changes is explained below.

Five pesticides which are not approved for use in Canada and are listed to the Stockholm Convention will be added to Part 1. One pesticide which is not approved for use in Canada and listed to the Rotterdam Convention will also be added to Part 1. All substances on the ECL require prior notification of export to the Minister of the Environment pursuant to the Notification Regulations. The addition of these substances will prohibit exports except for the purposes of destruction or when exported pursuant to a Ministerial order.

The following substances will be added as items 12 through 17 of Part 1 of the ECL:

12. Chlordecone (CAS³ 143-50-0)

13. Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-exo-1,4-exo-5,8-dimethanonaphthalene) (CAS 72-20-8)

14. Toxaphene (CAS 8001-35-2)

15. alpha-HCH (CAS 319-84-6)

16. beta-HCH (CAS 319-85-7)

17. Dinitro-ortho-cresol (DNOC) and its salts (CAS 534-52-1; CAS 2980-64-5; CAS 5787-96-2; CAS 2312-76-7)

The current listings for Endrin (Part 3, item 7), Toxaphene (Part 2, item 25), and the HCH isomers (Part 2, item 12) will be removed upon their addition to Part 1.

Part 2 of the ECL lists those substances subject to the prior informed consent procedure of the Rotterdam Convention. Two groups of substances have been recently added to Annex III to the Rotterdam Convention and will consequently be added to Part 2 of the ECL. Pursuant to the Notification Regulations, exporters of these substances will be obligated to provide prior notification to the Minister of the Environment ahead of export. In addition, when exporting to a Party to the Rotterdam Convention for the use category identified in Annex III to the Rotterdam Convention (pesticide or industrial chemical), an Export Permit is required pursuant to the Rotterdam Regulations. A permit will only be granted if the export is in compliance with the Rotterdam Convention.

The following groups of substances will be added as items 27 and 28 of Part 2 of the ECL:

27. Dustable powder formulations containing a combination of: benomyl at or above 7% (CAS 17804-35-2), carbofuran at or above 10% (CAS 1563-66-2), thiram at or above 15% (CAS 137-26-8)

28. Seven tributyltin compounds:

• Tributyltin oxide (CAS 56-35-9)
• Tributyltin fluoride (CAS 1983-10-4)
• Tributyltin methacrylate (CAS 2155-70-6)
• Tributyltin benzoate (CAS 4342-36-3)
• Tributyltin chloride (CAS 1461-22-9)
• Tributyltin linoleate (CAS 24124-25-2)
• Tributyltin naphthenate (CAS 85409-17-2)

Two substances currently listed to Part 3 of the ECL have also been added to Annex III to the Rotterdam Convention. These substances were originally listed to Part 3 in response to the coming into force of domestic controls restricting their use. Their inclusion on Annex III to the Rotterdam Convention obligates Canada to meet the Prior Informed Consent procedure regarding their export. These substances will be added as items 29 and 30 of Part 2 of the ECL, as follows:

29. Tetraethyl lead (CAS 78-00-2)

30. Tetramethyl lead (CAS 75-74-1)

Their current listing in Part 3 of the ECL (items 13 and 14) will be removed upon the addition to Part 2.

Part 3 of the ECL lists substances subject to domestic controls restricting their use. Pursuant to the Notification Regulations, these substances require prior notification be issued to the Minister of the Environment ahead of export and, when exporting to a Party to the Rotterdam Convention, an Export Permit is required pursuant to the Rotterdam Regulations. These substances are not subject to the Prior Informed Consent procedure of the Rotterdam Convention. However, under the Rotterdam Convention, Canada is obligated to notify other Parties to the Convention when exporting these substances to their territories. The permitting procedure of the Rotterdam Regulations provides the information necessary to fulfill this obligation while keeping the international market accessible for the exporters.

The following substances and groups of substances will be listed to Part 3 of the ECL as items 13 through 21:

13. Benzidine and benzidine dihydrochloride, which have the molecular formula C₁₂H₁₂N₂ and C₁₂H₁₂N₂^.2HCl, respectively (CAS 92-87-5, CAS 531-85-1)

14. 2-Methoxyethanol, which has the molecular formula C₃H₈O₂ (CAS 109-86-4)

15. Pentachlorobenzene, which has the molecular formula C₆HCl₅ (CAS 608-93-5)

16. Tetrachlorobenzenes, which have the molecular formula C₆H₂Cl₄ (CAS 12408-10-5, CAS 84713-12-2, CAS 634-90-2, CAS 634-66-2 and CAS 95-94-3)

17. Perfluorooctane Sulfonate (PFOS) and its Salts

18. Compounds that contain one of the following groups: C₈F₁₇SO₂, C₈F₁₇SO₃ or C₈F₁₇SO₂N

19. Azinphos-methyl (CAS 86-50-0)

20. Phorate (CAS 298-02-2)

21. Terbufos (CAS 13071-79-9)

Items 13 through 16 are controlled domestically through the Prohibition of Certain Toxic Substances Regulations, 2005.

Items 17 and 18 are controlled domestically through the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations.

Items 19 through 21 are pesticides for which uses are restricted and that have been identified for phase-out by the Pest Management Regulatory Agency of Health Canada.

Items 15, 17 and 18 have been listed to the Stockholm Convention which obligates Canada to control their export. Listing these substances on Part 3 will permit exports exempted by the Stockholm Convention.

Since the last amendment of the ECL, the description of some substances listed to Annex III to the Rotterdam Convention were modified. This order will amend the descriptions of the affected substances to align with Annex III to the Rotterdam Convention. The proposed changes are as follows:

• Item 1:
• The entry in the ECL currently reads:
• 2,4,5-T (CAS 93-76-5)
• This description will be changed to read as follows:
• 2,4,5-T and its salts and esters
• Item 9:
• The entry in the ECL currently reads:
• Dinoseb and dinoseb salts (CAS 88-85-7)
• This description will be changed to read as follows:
• Dinoseb and its salts and esters
• Item 17:
• The entry in the ECL currently reads:
• Pentachlorophenol (CAS 87-86-5)
• This description will be changed to read as follows:
• Pentachlorophenol and its salts and esters
• Item 18:
• The entry in the ECL currently reads:
• Monocrotophos (Soluble liquid formulations of the substance that exceed 600 g active ingredient/L) (CAS 6923-22-4)
• This description will be changed to read as follows:
• Monocrotophos (CAS 6923-22-4)
• Item 20:
• The entry in the ECL currently reads:
• Methyl-parathion (emulsifiable concentrates (EC) with 19.5%, 40%, 50%, 60% active ingredient and dusts containing 1.5%, 2% and 3% active ingredient) (CAS 298-00-0)
• This description will be changed to read as follows:
• Methyl parathion (emulsifiable concentrates (EC) at or above 19.5% active ingredient and dusts at or above 1.5% active ingredient) (CAS 298-00-0)
• Item 21:
• The entry in the ECL currently reads:
• Parathion (all formulations - aerosols, dustable powder (DP), emulsifiable concentrate (EC), granules (GR) and wettable powders (WP) - of this substance are included, except capsule suspensions (CS)) (CAS 56-38-2)
• This description will be changed to read as follows:
• Parathion (CAS 56-38-2)

Substances currently listed to Part 2 of the ECL are accompanied by their CAS RN, where applicable. This provides an extra measure of clarity for exporters of these substances. It is proposed that the CAS RN be included for all substances on the ECL, where applicable.

For clarity, the first substance listed to the Export Control List will define “CAS” by being listed as follows:

1. Mirex (Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane) (Chemical Abstracts Services Registration Number (hereinafter "CAS") 2385-85-5)

These amendments will correct errors in the nomenclature for one substance on the English version and three substances on the French version of the ECL.

Corrections to the English version of the Export Control List:

• Part 3, item 1:
• The entry in the ECL currently reads:
• Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula C_nCl_xF_(2n+2-x)
• This description will be changed to read as follows:
• Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula C_nCl_xF_(2n+2-x) where "n" is less than or equal to 3, "x" is greater than or equal to 1, and "x" is less than "2n+2"

Corrections to the French version of the Export Control List:

• Part 3, item 1:
• The entry in the ECL currently reads:
• Les chlorofluorocarbures complètement halogénés dont la formule moléculaire est C_nCl_xF_(2n+2-x)
• This description will be changed to read as follows:
• Les chlorofluorocarbures complètement halogénés dont la formule moléculaire est C_nCl_xF_(2n+2-x) où «n» est plus petit ou égal à 3, «x» est plus grand ou égal à 1 et «x» est plus petit que «2n+2»
• Part 3, item 8:
• The entry in the ECL currently reads:
• L'arsénate de plomb dont la formule moléculaire est PbHAsO₄, et la formule moléculaire de sa forme basique est Pb₄(PbOH)(AsO₄)₃
• This description will be changed to read as follows:
• L'arséniate de plomb dont la formule moléculaire est PbHAsO₄, et la formule moléculaire de sa forme basique est Pb4(PbOH)(AsO₄)₃ (CAS 7784-40-9, CAS 1327-31-7)
• Part 3, item 9:
• The entry in the ECL currently reads:
• Strychnine (décahydro-2,4a,5,5a,7,8,15,15a,15b,15c, méthano-4,66H,14H-indolo[3,2,1-ii]oxépino [2,3,4-de]pyrrolo[3,2-h]quinilinone-14)
• This description will be changed to read as follows:
• Strychnine (décahydro-2,4a,5,5a,7,8,15,15a,15b,15c, méthano-4,6H,14H-indolo[3,2,1-ii]oxépino [2,3,4-de]pyrrolo[3,2-h]quinilinone-14) (CAS 57-24-9)

Additional information on these amendments can be obtained from:

Contact:

Manager, RM Ozone Depleting and PIC Substances
Chemical Production Division
Environment Canada
SEC-ECS@ec.gc.ca
819-997-1640

Comments can be submitted to the same email address within 30 days following the posting of this document on the Environment Canada website.

Other website addresses of interest:

The Rotterdam Convention website provides information on the Convention.

Information on the current Export of Substances under the Rotterdam Convention Regulations.

Information on the current Export Control List Notification Regulations.

The current Export Control List.

¹ Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade
² Stockholm Convention on Persistent Organic Pollutants
³ CAS RN: Chemical Abstracts Service Registry Number. The Chemical Abstracts Service information is the property of the American Chemical Society and any use or redistribution, except as required in supporting regulatory requirements and/or for reports to the Government of Canada when the information and the reports are required by law or administrative policy, is not permitted without the prior, written permission of the American Chemical Society.