Consultation document: proposed amendments to Schedule 3

Official title: Consultation document: proposed amendments to Schedule 3 (Export Control List) to the Canadian Environmental Protection Act, 1999


Environment and Climate Change Canada

March 12, 2020

Introduction

Environment and Climate Change Canada is undertaking consultations on proposed amendments to Schedule 3 to the Canadian Environmental Protection Act, 1999 (CEPA). Schedule 3, or the Export Control List (ECL), specifies the substances subject to export controls under CEPA and the Export of Substances on the Export Control List Regulations (ESECLR).

The proposed amendments to the ECL include the addition of substances to Part 2 and Part 3 of the ECL; moving a substance from Part 3 to Part 2; and revising the description of certain substances to provide clarity.

Purpose

The purpose of this consultation is to solicit feedback from stakeholders and interested individuals regarding proposed amendments to the Export Control List. Please submit comments by April 11, 2020 to ec.substancedexportationcontrolee-exportcontrolledsubstance.ec@canada.ca.

Background

The ESECLR establish export controls on substances regulated in Canada and implement export obligations under international agreements, such as the Stockholm Convention and Rotterdam Convention. These export controls apply to substances identified on the ECL, as well as mixtures and products containing them.

The ECL contains substances grouped in three parts:

The procedures for exporting a substance vary depending on the part of the ECL to which the substance is listed the requirements under the ESECLR.

For more information on the ECL and the ESECLR, please consult the Guidance document for exporters.

Rotterdam Convention

Canada is party to the Rotterdam Convention, which imparts obligations for exports of substances listed in Annex III of the convention as well as substances subject to domestic controls that prohibit or severely restrict their use. The ESECLR establish conditions for exports to a country that is party to the Rotterdam Convention.

Substances listed in Annex III of the Rotterdam Convention can be found primarily in part 2 of the ECL and their exports are subject to the Prior Informed Consent Procedure. Canada is therefore obligated to ensure exports respect import decisions of importing parties (that is, consent, no consent or consent under conditions).

For substances that are subject to a domestic prohibition or severe restriction and that are not listed in Annex III of the Rotterdam Convention, Canada is obligated to provide a notification of export to importing parties prior to the export. These substances are listed in part 1 or part 3 of the ECL.

Stockholm Convention

Canada is also party to the Stockholm Convention which imparts obligations to control export of persistent organic pollutants (POPs) listed to Annex A or Annex B of that convention. The ESECLR prohibit exports that would contravene Canada’s obligations under the Stockholm Convention.

These substances can be listed in parts 1, 2 or 3 of the ECL. POPs listed in part 1 of the ECL can only be exported for the purpose of destruction or to comply with a direction issued by the Minister of the Environment. Exports of POPs listed in part 2 or part 3 of the ECL that have been ratified by Canada must satisfy the conditions relative to the Stockholm Convention in section 6 of the ESECLR.

Proposed amendments

1. Addition of a substance and a group of substances to part 2 of the Export Control List

It is proposed to add the following substance and group of substances to Part 2 of the ECL because they are listed in Annex III of the Rotterdam Convention and Annex A of the Stockholm Convention:

Exporters of these substances would be obligated to provide prior notice to the Minister of the Environment ahead of exports pursuant to the ESECLR. In addition, when exporting to a party to the Rotterdam Convention, an export permit may be required pursuant to the ESECLR. This permit is only granted if the export complies with the Rotterdam Convention.

Canada has ratified the listing of these polybrominated diphenyl ethers under the Stockholm Convention and as such their addition to part 2 of the ECL would make their export subject to the export obligations under the Stockholm Convention through conditions established by the ESECLR.

Canada has not ratified the listing for hexabromocyclododecane under the Stockholm Convention, therefore the addition of this substance to part 2 of the ECL would not trigger the export obligations relative to the Stockholm Convention until Canada ratifies this amendment.

2. Addition of six substances and groups of substances to part 3 of the Export Control List

The following substances would be added to part 3 of the ECL because their use is proposed to be prohibited or further restricted in Canada:

Environment and Climate Change Canada published, in December 2018, a consultation document on a proposed regulatory approach to amend the Prohibition of Certain Toxic Substances Regulations, 2012 to further restrict perfluorooctanoic acid, its salts and its precursors (PFOA), long-chain perfluorocarboxylic acids, their salts and their precursors (LC-PFCA) and polybrominated diphenyl ethers (PBDEs), and to prohibit Dechlorane Plus (DP) and decabromodiphenyl ethane (DBDPE). The proposed amendments to these regulations are targeted for publication in the Canada Gazette, Part I, in fall 2020 followed by a 75-day public comment period. Comments and information received will be considered during the development of the final regulatory amendments.

In addition, Health Canada’s Pest Management Regulatory Agency re-evaluated the pesticide ferbam under the Pest Control Products Act and published its Re-evaluation decision RVD2018-37 on ferbam and its associated end-use products, which concluded it was presenting an unacceptable risk to human health. All remaining pesticide uses of ferbam will be phased out as of December 14, 2021.

Exporters of these substances would be obligated to provide prior notice to the Minister of the Environment ahead of exports pursuant to the ESECLR. In addition, when exporting to a party to the Rotterdam Convention, an export permit may be required pursuant to the ESECLR. This permit is only granted if the export complies with the Rotterdam Convention.

Perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds and decabromodiphenyl ether are listed to Annex A of the Stockholm Convention but have not yet been ratified by Canada. Once these amendments are ratified by Canada, the export obligations under the Stockholm Convention through conditions established by the ESECLR would apply.

3. Movement of a substance from part 3 to part 2 of the Export Control List

Phorate is currently listed to part 3 of the ECL, because its use is severely restricted in Canada under the Pest Control Products Act. Since phorate (CAS 298-02-2) was listed in Annex III to the Rotterdam Convention at the ninth meeting of the Conference of the Parties to the Rotterdam Convention in 2019, it would be moved from part 3 to part 2 of the ECL.

4. Amendments of the descriptions of some substances on the Export Control List

The descriptions of certain substances would be amended to provide greater clarity by aligning these descriptions with those of the Rotterdam and Stockholm conventions and domestic risk management instruments. As such, certain substances and their associated Chemical Abstracts Service (CAS) Registry Number are being included as part of certain listings. These inclusions are for clarification only, are not meant to represent an exhaustive list and do not modify the scope of the listings.

Additional information

Contact

Ozone Layer Protection and Export Controls Program
Chemical Production Division
Environment and Climate Change Canada

Email: ec.substancedexportationcontrolee-exportcontrolledsubstance.ec@canada.ca
Telephone: 819-938-4228

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