Chapter 3: Measures to reduce or eliminate releases from intentional production and use

Article 3 of the Convention obligates Parties to prohibit and/or take the legal and administrative measures necessary to eliminate the production, use, export and import of POPs that are intentionally produced. Restrictions on production and use are applicable for DDT, which is an important control for malarial outbreaks. The reader is referred to the text of the Convention (Part III of this document) for the full text of Article 3.

The following table provides a summary of the status of management actions for each of these intentionally produced chemicals in Canada. The table demonstrates that Canada has already taken action to prohibit and/or take the legal and administrative measures necessary to eliminate the production and use of all of the intentionally produced chemicals under the Stockholm Convention.

Substance Management Action
Aldrin Pesticide, Registration Discontinued, 1990
Chlordane Pesticide, Registration Discontinued, 1998
DDT(+DDD+DDE) Pesticide, Registration Discontinued, 1985
Dieldrin Pesticide, Registration Discontinued, 1990
Endrin Pesticide, Registration Discontinued, 1990
Heptachlor Pesticide, Registration Discontinued, 1985
Hexachlorobenzene (HCB) Pesticide, Registration Discontinued, 1976
Chemical, Prohibited under CEPA1999
Mirex Pesticide, Never Registered
Chemical, Never Used in Canada, Prohibited19 under CEPA 1999
PCBs Industrial Chemical, Prohibited and Use Restricted to Specified Equipment under CEPA 1999
Toxaphene Pesticide, Discontinued, 1982

Article 3 and Annexes A and B of the Convention obligate Parties to do the following:

3.1 (a) Prohibit and/or take the legal and administrative measures necessary to eliminate:
(i) Its production and use of the chemicals listed in Annex A subject to the provisions of that Annex

3.1 (b) Restrict its production and use of the chemicals listed in Annex B in accordance with the provisions of that Annex.

3.1 (a) Prohibit and/or take the legal and administrative measures necessary to eliminate:
(ii) Its import and export of the chemicals listed in Annex A in accordance with the provisions of paragraph 2

There are eight pesticides identified for elimination of production and use under the Stockholm Convention: aldrin; chlordane; dieldrin; endrin; heptachlor; HCB (also used as an industrial chemical); mirex and toxaphene. These eight pesticides have never been produced in Canada. They are all targeted for management as Track 1 substances under the federal TSMP, with the objective of virtual elimination. Under the PCPA, there are no registered uses for these eight pesticides. Unless registered, a pesticide may not be imported, sold or used in Canada. Unregistered pesticides are refused entry into Canada and returned to the exporter.

Since none of the Stockholm Convention POPs pesticides are registered in Canada, their sale or use is a violation of the PCPA, and there are mechanisms under CEPA 1999 to prohibit their export for commercial purposes.

Annex A chemicals include the industrial chemicals hexachlorobenzene (HCB), mirex and PCBs. HCB and mirex are identified for management as Track 1 substances under the federal TSMP, and targeted for virtual elimination. HCB is also included on the List of Toxic Substances, in Schedule 1 of CEPA 1999. Regulations under CEPA 1999 prohibit the manufacture and use of HCB and mirex.

The Production and Use of PCBs

The remaining class of POPs identified in Annex A of the Convention is PCBs. The Convention sets out a specific regime for PCBs, obligating Parties to eliminate their production and to end their use in equipment by a specified time deadline. PCBs are included on the List of Toxic Substances, in Schedule 1 of CEPA 1999. The manufacture, import and sale of PCBs in Canada have been prohibited and their use restricted since 1977 and additionally through CEPA regulations that came into effect in 1991.

The Convention exempts all articles in use, while under Annex A, Part II, requiring the following commitments related to the production and use of PCBs:

Current regulations under CEPA 1999 limit the concentrations of PCBs in products or the quantities that may be released. The regulations:

The new PCPA prohibits the manufacture of unregistered pesticides (anticipated to come into force in late 2005, early 2006), providing the authority to eliminate, prevent or restrict the production of pesticides listed in Annex "A", none of which are registered for use in Canada.

The new PCPA will improve health and environment protection, strengthen post-registration control of pesticides, and make the registration process more transparent. The registration of new pesticides will continue be consistent with the TSMP, taking into account risks due to persistence, bioaccumulation and toxicity. A substance's potential for long-range transport is also considered. Existing pesticides will be subject to mandatory adverse effects reporting, sales data reporting, and periodic re-evaluation. Furthermore, the new PCPA will provide (a) increased flexibility to initiate a special review if there are reasonable grounds to believe that risks are unacceptable, and (b) the power to impose export restrictions.

The Prohibition of Certain Toxic Substances Regulations, 2003, a regulation made under CEPA 1999 prohibits HCB and set a maximum contamination level originating from its incidental presence. Canada is currently considering additional amendments to these regulations and has conducted public consultations related to these changes. The proposed Prohibition of Certain Toxic Substances Regulations, 2005 will introduce new reporting and record-keeping requirements that apply to HCB and that will assist with enforcement and compliance efforts. These requirements also will provide Environment Canada with data on the use of HCB in the market, which is critical to meeting the objective of virtual elimination from the environment of the substance.

Environment Canada is currently revising its PCB regulatory framework. Work underway is to develop new PCB regulations to replace the Chlorobiphenyls Regulations and the Storage of PCB Material Regulations. While incorporating most of the current requirements, the proposed regulation will establish specific time deadlines to end the uses and storage of PCBs and includes new provisions for monitoring the disposal of PCBs currently in use.

DDTis the only substance identified in the Convention for restricted production and use. Production and use are allowed for disease vector control, and production is allowed when DDT is used as an intermediate in the production of dicofol or as a closed-system site-limited intermediate that is chemically transformed in the manufacture of other chemicals that do not exhibit the characteristics of POPs.

The use restrictions for DDT recognize the value of DDT for public health protection (e.g., vector control to prevent malaria and encephalitis) and it is therefore allowed in certain applications. Annex B, Part II stipulates that:

In Canada, DDT has been identified for management as a Track 1 substance under the TSMP, and is targeted for virtual elimination.

DDT was first registered in 1946 and used in Canada to control insect pests in crops as well as in domestic and industrial applications. DDT was never manufactured in Canada. In response to environmental and safety concerns, most uses of DDT were phased out by the mid-1970s. Registration of all remaining pesticidal uses of DDT was discontinued in 1985, although existing stocks could be sold, used or disposed of until December 31, 1990. After that date, any sale or use of DDT in Canada represented a violation of the PCPA.

Pesticides that are not legally registered in Canada are refused entry and returned to the exporter. In addition, exports of DDTwould be subject to notification under CEPA 1999. No such notifications have been received.

Canadians currently benefit from a marketplace that does not include DDT. There are no known insecticidal or industrial uses. Its use as an intermediary is not permitted under Canadian legislation and dicofol is not produced in Canada.

DDTis listed on the Domestic Substances List (DSL), the Canadian inventory of substances in commerce in Canada. In 2004, DDT was proposed for addition to the CEPA 1999 List of Toxic Substances and the Prohibition of Certain Toxic Substances Regulations, 2005. The proposed prohibition on the manufacture, use, sale, offer for sale, and import is intended to ensure that the current situation does not change and that there will be no future uses of DDT in Canada. This prohibition would apply to non-pesticidal uses only. (There are no registered uses for DDT under the PCPA.) It is anticipated that the Prohibition of Certain Toxic Substances Regulations, 2005 will be finalized in early 2005.

Article 3.2 obligates Parties to ensure that chemicals listed in Annex A or Annex B are:

Annex A: Unless registered under the PCPA, no pesticide may be imported into Canada. None of the pesticides listed in Annex A or Annex B are registered under that Act. Pesticides that are not legally registered in Canada are refused entry and returned to the exporter. Canada has no remaining stockpiles of these pesticides, and they are not manufactured in Canada. Therefore, export of these substances does not occur. Furthermore, there are mechanisms under CEPA 1999 to prohibit their export for commercial purposes.

Under CEPA 1999 regulations, import of the industrial chemicals HCB and mirex is prohibited. The import of DDT as an industrial chemical was proposed for import prohibition in 2003/04, under CEPA 1999 regulations. The import of waste containing PCBs is controlled under CEPA 1999 regulations.

As the manufacture, use, sale, offer for sale and import of HCB and mirex are prohibited in Canada, there is no practical way that export of these substances from Canada can occur. In addition, HCB and mirex are subject to the export of substances provisions of CEPA 1999. These provisions give the Minister of the Environment prior notice of any proposed export, provide the authority to impose conditions on their export, and limit the export of mirex to exports for the purpose of destruction.

PCBs: PCBs are not manufactured in Canada and stockpiles are strictly controlled by federal, provincial and territorial regulations. As is the case with HCB and mirex, PCBs are subject to the export of substances provisions of CEPA 1999. Additional information on Canada's actions with respect to the export of PCBs as waste in included in Chapter 6 of this NIP.

Annex B: Pesticides that are not legally registered in Canada are refused entry and returned to the exporter. In addition, exports of DDT for non-pesticidal purposes would be subject to notification under the CEPA 1999, and no such notifications have been received.

As noted in 3.3.2 above, DDT has been proposed for addition to the proposed Prohibition of Certain Toxic Substances Regulations, 2005. Environment Canada anticipates that the final regulations will be published in early 2005.

Article 3, Paragraph 3 of the Convention states:

Canada has regulatory and assessment schemes for new pesticides and new industrial chemicals, under the PCPA and CEPA 1999, respectively.

Toxic Substances Management Policy (TSMP)

The federal TSMP establishes criteria to identify Track 1 substances targeted for virtual elimination. Both CEPA 1999 and the PCPA apply these criteria in their assessment schemes as key criteria for identifying substances for which manufacture and/or use are not acceptable in Canada. Substances meeting the persistence, bioaccumulation, toxicity and primarily the result of human activity criteria under the TSMP may be prohibited from import or use.


Before making a registration decision regarding a new pest control product, the PMRA conducts a comprehensive assessment of the risk and value specific to the proposed use. The value assessment considers whether the use of the product contributes to pest management, and if the application rates are the lowest they can be while still effectively controlling the target pest. The risk assessment considers the inherent toxicity, persistence and bioaccumulative nature of the pest control product. It addresses human health and environmental concerns and, for each of these, considers the possible hazards associated with the product as well as the degree to which humans and the non-target environment may be exposed. Pesticides cannot be used until assessments are complete and substances registered. The registration may identify acceptable uses, and therefore prohibit all other uses, or determine that no uses are acceptable.

Industrial Chemicals

Under the New Substances Notification regime established by CEPA 1999, all "new" chemicals must undergo an assessment to determine if they are "toxic" to the environment or human health. Substances that are not on the Domestic Substances List (Canada's inventory of chemicals in use) are considered to be new to Canada. When Environment Canada receives a new substance notification from a company or individual proposing to import or manufacture a new substance, a joint assessment process is carried out by the Departments of Environment and Health to determine the potential adverse effects of the substance on the environment and/or human health.

Substances suspected of being toxic may be controlled by one of the measures laid out in CEPA 1999, including:

Additional information about the NSNR can be found at

Canada will continue its current programs related to new pesticides and chemicals, improving them as warranted, and will continue leadership and participation in international fora related to the assessment of substances and the science that informs decision-making about their risks and hazards.

The Convention requires Parties with an existing regulatory and assessment scheme for pesticides to, where appropriate, take into consideration within these schemes the criteria in Annex D when conducting assessments of pesticides and chemicals currently in use. Article 3, Paragraph 4 states:

Approximately 550 pesticide active ingredients and their end-use products are currently registered in Canada21 . In 2001, Canada's PMRA issued a regulatory directive on re-evaluation. Re-evaluation is the review of pesticide active ingredients and their end-use products on the basis of updated data and information to determine whether, and under what conditions, their continued registration is acceptable. The Directive stated that re-evaluations would take into account the TSMP. The PMRAis currently re-evaluating pesticides registered before January 1, 1995. As of September 30, 2004, decisions had been made on 159 active ingredients. 22

Canada complies with the obligation to assess industrial chemicals in use under CEPA 1999 which requires categorization of all substances on the Domestic Substance List23 by September 14, 2006 and establishes criteria for the evaluation of existing substances. Section 64 of CEPA 1999provides specific criteria for assessing toxic substances, as well as requiring a review of the decisions of other jurisdictions.

The TSMP is the overarching policy directive for the assessment of existing substances. Track 1 criteria of the TSMP are either identical or very similar to the POPs criteria of the Convention, and meet the "taking into consideration" requirement.

The new PCPA will require re-evaluations of pesticides be initiated no longer than 15 years after the most recent major decision with respect to registration, reevaluation or special review. These pesticides may be removed from the market if required data are not supplied by pesticide companies or if they are determined to pose risks to the environment or human health.

By 2006, Environment Canada and Health Canada are required to categorize all substances listed on the DSL with respect to their persistence, bioaccumulation and inherent toxicity and exposure to humans. Substances that meet these criteria will subsequently be subject to screening level assessments, using criteria established in Persistence and Bioaccumulation Regulations under CEPA 1999. This may result in additional chemicals being identified as meeting POPs criteria established under CEPA 1999 and/or the Stockholm Convention.

19 Under CEPA 1999, prohibition regulations prohibit the manufacture, import, use, process, sale and offer for sale of certain toxic substances.

20 See Section 3.1 for the Convention's legal text with respect to these obligations.

21 On November 2, 2004, the Pest Management Information Service noted that there are 535 registered ingredients and use-use products.

22 PMRA report to the Standing Committee on Agriculture and Agri-Food, November 25, 2004.

23 The Domestic Substances List under CEPA 1999 is an inventory of approximately 23,000 substances manufactured in, imported into, used or in commerce in Canada.

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