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International management of chemical substances: Letter of cooperation between Environment and Climate Change Canada and Health Canada

Letter of cooperation between Environment and Climate Change Canada (ECCC) and the Pest Management Regulatory Agency (PMRA) of Health Canada on the International Management of Chemical Substances.

(PDF Version - 252 kb)

Purpose

The purpose of this Letter of Cooperation between ECCC (as represented by the Assistant Deputy Minister of the Environmental Protection Branch) and Health Canada (as represented by the Executive Director of the PMRA) is to record agreement on the roles and responsibilities of ECCC and PMRA with respect to the implementation of Canadian obligations and related activities under the following Multilateral Environmental Agreements (MEAs):

Background

MEAs related to chemicals management play a key role in responding to health and environmental issues in Canada and abroad. This Agreement relates to the implementation of the Government of Canada's international obligations and related activities, regarding industrial chemicals and pesticides subject to the MEAs above, through domestic regulations under the authorities of the Canadian Environmental Protection Act, 1999 (CEPA 1999) and the Pest Control Products Act (PCPA).

ECCC and PMRA, while having distinct but related mandates, are partners in the implementation these MEAs.

ECCC has the mandate to preserve and enhance the quality of the natural environment, including water, air and soil quality, to conserve Canada's renewable resources, to conserve and protect Canada's water resources, and to coordinate environmental policies and programs for the federal government. ECCC has the authority to regulate the production, use, import, sale and export of industrial chemicals pursuant to CEPA 1999.

PMRA has the mandate to prevent unacceptable risks to human health and the environment from the use of pest control products. PMRA has the authority to regulate the manufacture, possession, handling, storage, transport, import, export, distribution, use or disposition of pesticides in Canada pursuant to the PCPA.

There is a significant level of collaboration and coordination required between ECCC and PMRA to: implement the Government of Canada's international obligations related to the management of industrial chemicals and pesticides addressed by the above noted MEAs; maintain effective mechanisms for broader interdepartmental discussion of policy and scientific considerations; and, represent Government of Canada interests in international fora (e.g. meetings, committees) relating to these MEAs.

Scope

In accordance with their respective mandates, cooperation between ECCC and PMRA on activities regarding the international management of industrial chemicals and pesticides under the MEAs shall relate to the following areas:

International meetings signaling opportunities for collaboration between ECCC and PMRA include Conferences of Parties and meetings of subsidiary bodies such as the Stockholm Convention POPs Review Committee (POPRC), the Rotterdam Convention Chemical Review Committee (CRC), and the LRTAP Working Group on Strategies and Review (WGSR).

Means of cooperation

ECCC and PMRA undertake, where possible and appropriate, to pursue the objectives of this Letter of Cooperation through the following means:

Cooperation and are aimed at advancing Canada's interests on international chemicals management.

Formalization of cooperation

This Letter of Cooperation will be implemented by a joint work plan to facilitate planning and preparation to meet international obligations under the MEAs.

The Parties shall, at appropriate intervals, collaborate to develop revised versions of the work plan.

Roles and responsibilities

ECCC will:

  1. Lead the negotiations of international activities under the MEAs related to industrial chemicals, including:
    1. development and coordination of Government of Canada positions, meeting instructions and Secretariat requests; and,
    2. participation in international meetings of the MEAs where international controls for industrial chemicals are being negotiated.
  2. Lead the development of memoranda to cabinet related to negotiating mandates and ratification processes for the MEAs regarding:
    1. industrial chemicals;
    2. industrial chemicals and pesticides;
    3. pesticides, unless otherwise agreed upon by both Parties; and,
    4. treaty text amendments.
  3. Lead engagements with key stakeholders and public communications on matters related to the international controls on industrial chemicals under the MEAs;
  4. Consult PMRA in the development of Government of Canada positions on international controls on industrial chemicals listed or being considered for listing to the MEAs;
  5. Share information with PMRA on domestic controls for industrial chemicals listed or being considered for listing to the MEAs;
  6. Provide technical and/or policy expert(s) to represent Canada, where appropriate, on subsidiary bodies of the Conventions;
  7. Consult PMRA, in a timely manner, in the development and delivery of technical and/or policy input to the work of subsidiary bodies of the Conventions;
  8. Lead the preparation, in consultation with PMRA, of position papers, meeting instructions and Secretariat requests for the MEAs on issues that are not specific to either pesticides or industrial chemicals, including international cooperation, reporting, budget, technical assistance, and compliance;
  9. Obtain credentials for delegates to the MEA meetings;
  10. Act as Focal Point and Canadian secretariat for the Stockholm Convention and LRTAP POPs Protocol and subsidiary bodies to these Conventions (POPRC, WGSR); and,
  11. Act as Canadian Designated National Authority for the Rotterdam Convention on issues related to industrial chemicals;
  12. Perform administrative duties, as necessary, to meet Canada's obligations under the MEAs, such as responding to notifications, sending Notifications of Pinal Regulatory Action, preparing National Reports under the Stockholm Convention and coordinating updates to the National Implementation Plan; and,
  13. Lead development of Canadian approaches and positions relevant to the MEAs in other fora domestically and internationally.

PMRA will:

  1. Lead the negotiations of international activities under the MEAs related to pesticides, including:
    1. development and coordination of Government of Canada positions, meeting instructions and Secretariat requests; and,
    2. participation in international meetings where international controls for pesticides are being negotiated.
  2. Provide pesticides-related content for memoranda to cabinet related to negotiating mandates or ratification processes regarding international controls for pesticides under the MEAs;
  3. Lead engagements with key stakeholders and public communications on matters related to the international control of pesticides under the MEAs;
  4. Consult ECCC in the development of Government of Canada positions on international controls for pesticides listed or being considered for listing to the MEAs;
  5. Share information with ECCC on domestic controls for pesticides listed or being considered for listing to the MEAs;
  6. Provide technical and/or policy expert(s) to represent Canada, where appropriate, on subsidiary bodies of the Conventions;
  7. Consult ECCC, in a timely manner, in the development and delivery of technical and/or policy input to the work of subsidiary bodies of the Conventions;
  8. Provide support to ECCC in preparation of position papers, meeting instructions and Secretariat requests for the MEAs on issues that are not specific to either pesticides or industrial chemicals, including international cooperation, reporting, budget, technical assistance, and compliance;
  9. Seek input from ECCC, in a timely manner, on proposed domestic de­ registrations of pesticides that are in early stages of consideration under the MEAs; and,
  10. Act as Canadian Designated National Authority for the Rotterdam Convention on issues related to pesticides;
  11. Perform administrative duties, as necessary, to meet Canada's obligations under the MEAs, such as responding to notifications and sending Notifications of Final Regulatory Action; and,
  12. Contribute to development of Canadian approaches and positions relevant to the MEAs in other fora domestically and internationally.

ECCC and PMRA will jointly:

  1. Determine Canadian representation on subsidiary bodies and expert technical committees including the Stockholm Convention POPRC, the LRTAP WGSR, and the Rotterdam Convention CRC;
  2. Determine Canadian representation at international meetings of the MEAs;
  3. Develop Canadian positions and communication strategies for MEA-related meetings, including role of official delegates/representatives, technical experts and observers; and,
  4. Establish and maintain effective mechanisms and links for broader interdepartmental discussion of policy and scientific considerations concerning the protection of human health and the environment that impact Canada's commitments for the international management of industrial chemicals and pesticides under the MEAs.
  5. ECCC and PMRA will share with each other, on request, information to support briefing and correspondence needs of Ministers and senior management related to the international management of industrial chemicals and pesticides and Canada's commitments under the MEAs.

Accountability

Accountability for the success of this Letter of Cooperation will rest with the Assistant Deputy Minister Environmental Protection Branch of ECCC and the Executive Director of PMRA.

The primary points of contact under this Letter of Cooperation, who will be responsible for its administration, are the Director General of the Industrial Sectors, Chemicals, and Waste Directorate of ECCC and the Director General of the Policy, Communication and Regulatory Affairs Directorate of PMRA.

The primary points of contact will meet annually to establish, review progress on, and update the work plans associated with this Letter of Cooperation.

Terms of the letter of cooperation

This Letter will come into effect on the date of the last signature and can be amended at any time by agreement of the two signatories.

Participation in this Cooperation can be terminated by mutual consent or by one Party giving three months written notice to the other Party.

Signed

Date: 29-06-18

Mike Beale Richard Aucoin

Assistant Deputy Minister Environmental Protection Branch

Environment and Climate Change Canada

Executive Director

Pest Management Regulatory Agency Health Canada

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