Canada Gazette
www.gazette.gc.ca
Common menu bar links
Vol. 133, No. 20 — May 15, 1999
Order Adding a Toxic Substance to Schedule I and to Part II of Schedule II to the Canadian Environmental Protection Act
Statutory Authority
Canadian Environmental Protection Act
Sponsoring Department
Department of the Environment
ASSESSMENT OF THE SUBSTANCE NEW TO CANADA "TRIBUTYLTETRADECYLPHOSPHONIUM CHLORIDE"
The Canadian Environmental Protection Act (CEPA), proclaimed June 30, 1988, authorizes the Ministers of the Environment and of Health to investigate substances new to Canada that may contaminate the environment and cause adverse effects on the environment or on human health. Subsection 28(1) of the Act states:
"... the Ministers shall, within the prescribed assessment period, assess information provided under subsection 26(1) or otherwise available to them in respect of a substance in order to determine whether it is toxic."
Also, pursuant to section 29 of the Act, where Ministers have assessed any information, and suspect that a substance is "toxic", the Minister may prohibit any person from manufacturing or importing the substance, before the period for assessing the information is expired. "Toxic" is interpreted under section 11 of the Act, which states, in part:
"... a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions
(a) having or that may have an immediate or long-term harmful effect on the environment;
(b) constituting or that may constitute a danger to the environment on which human life depends; or
(c) constituting or that may constitute a danger in Canada to human life or health."
In January 1997, the substance "tributyltetradecylphosphonium chloride" was notified to the Minister of Environment pursuant to subsection 26(1) of the CEPA and was subsequently assessed pursuant to subsection 28(1). The assessment led to the conclusion that the substance was toxic based on environmental and health considerations and, consequently, its manufacture and importation was prohibited on May 16, 1997. This prohibition was published on July 5, 1997, in the Canada Gazette, Part I, in the notice entitled "Conditions and Prohibitions for the Manufacture and Import of Substances New to Canada that are Suspected of Being Toxic". The findings of the assessment pursuant to 28(1) is summarized below. The full report, entitled "New Substances Notification Assessment Report of Tributyltetradecylphosphonium Chloride" may be obtained from the officials identified at the end of this notice.
SYNOPSIS
In January 1997, the substance "tributyltetradecylphosphonium chloride" was notified to the Minister of Environment pursuant to subsection 26(1) of the CEPA. The person submitting the notification (hereafter referred to as "notifier") proposed to manufacture this substance in Canada for use as a corrosion inhibitor in industrial cooling systems. Manufacture, processing and use information submitted by the notifier were evaluated and it was concluded that the substance's substantive release into the environment would have been into receiving waters via plant effluent from end users. The predicted environmental concentration was estimated to range from 0.04 to 17.4 µg/L in receiving waters under potential use conditions.
This substance may persist in the aquatic environment as degradation was not observed in biotic degradation tests and significant hydrolysis and photolysis did not occur under environmentally relevant conditions.
The log of the octanol/water partition coefficient (log Kow) for the substance is 2.75, indicating the substance has limited potential to bioaccumulate in organisms. Ecotoxicological data submitted by the notifier indicate that Daphnia magna was the most sensitive aquatic species tested. The 48 hour EC50 was reported to be 12 µg/L and the "no observed effect concentration" was reported to be 5 µg/L. These data were used to establish freshwater organism "concentrations of concern" for chronic and acute effects of 12 and 500 ng/L, respectively. The predicted environmental concentration in the receiving water exceeds the concern concentration by factors ranging from 3.5 to 1451 for chronic effects and 0.08 to 35 for acute effects.
Health effects studies demonstrated that oral exposure to the notified substance causes moderate acute toxicity and that the substance can be classified as causing moderate to high toxicity upon repeated exposure, based on a 90-day oral study. The substance also causes severe dermal necrosis and irritation and is a severe eye irritant, however, these effects are not expected to occur in the general population as a result of environmental exposure as the levels that would bring this about would not be encountered. The available information from both in vitro and in vivo studies indicate that the notified substance is not mutagenic.
In July 1997, another company submitted a notification for the same substance under subsection 26(2) of the CEPA. The company has proposed to manufacture the substance in Canada and export it for applications with a release pattern significantly lower than the pattern considered in the initial assessment. The manufacturing information demonstrates it is essentially a fully contained process (a closed system). No environmental concentration is anticipated as a result of this activity. Therefore, the manufacture of the substance in an export-only scenario does not result in an immediate or long-term effect on the environment.
Based on these considerations, the Minister of Environment and the Minister of Health have concluded that the substance "tributyltetradecylphosphonium chloride" may, under certain conditions, enter the environment in quantity or concentration having or that may have an immediate or long-term effect on the environment. Therefore, this substance is considered to be "toxic" as defined under paragraph 11(a) of the Canadian Environmental Protection Act. Available data are considered insufficient to evaluate whether the substance constitutes or may constitute a danger in Canada to human life or health and consequently whether it is considered to be "toxic" under paragraph 11(c) of the Canadian Environmental Protection Act.
RECOMMENDATIONS
The Minister of the Environment and the Minister of Health recommend that the substance "tributyltetradecylphosphonium chloride" be added under subsection 33(1) of the Act to the List of Toxic Substances in Schedule I.
To prevent its entry in the Canadian environment, the Ministers also recommend that the substance be subject to a regulation, pursuant to section 34 of the Act, prohibiting its use, processing, sale, offering for sale and import into Canada. To ensure that the manufacture of the substance will not result in immediate or long term harmful effects to the environment, this regulation will also specify conditions under which the substance can be manufactured for export markets.
In order to advise the receiving countries of Canada's concern, the Ministers recommend that the substance be added to the List of Toxic Substance Requiring Export Notification, in Schedule II, Part II, pursuant to subsection 42(1) of the Act. By adding this substance in Schedule II, a person shall give an export notice before exporting the substance in a manner consistent with the Toxic Substances Export Notification Regulations, pursuant to subsection 42(3) of the CEPA. In addition, Canada will implement the UNEP "Prior Informed Consent" (PIC) procedure for banned and severely restricted chemicals.
These Regulations will not apply to the manufacture, processing, sale, offering for sale and import for uses of the substance covered under the Pest Control Products Act.
Any inquiries on this notice or requests for copies of the assessment report or supporting documentation should be directed to either of the following officials: Director, Commercial Chemicals Evaluation Branch, Toxic Pollution Prevention Directorate, Department of the Environment, Place Vincent Massey, Ottawa, Ontario K1A 0H3, or Director, Bureau of Chemicals Hazards, Environmental Health Centre, Department of Health, Tunney's Pasture, Ottawa, Ontario K1A 0L2.
ALLAN ROCK
Minister of Health
CHRISTINE S. STEWART
Minister of the Environment
REGULATORY IMPACT ANALYSIS STATEMENT
Description
The proposed Tributyltetradecylphosphonium Chloride Regulations, pursuant to section 34 of the Canadian Environmental Protection Act (CEPA), will prohibit the use, processing, offer for sale, sale and importation into Canada of Tributyltetradecylphosphonium Chloride (TTPC) and impose conditions on its manufacture. The Regulations will permit the manufacture of the substance for export purpose only, if the manufacturer:
— provides an export notice to the receiving country and to the Department of the Environment in a manner consistent with the Toxic Substances Export Notification Regulations;
— has notified the Minister in writing, of his intent to manufacture the substance, 60 days prior to the starting date of the manufacturing process; and
— uses a fully contained process for manufacturing the substance.
The export notification requirement, while in compliance with the existing Toxic Substances Export Notification Regulations, is consistent with Canada's international commitment concerning toxic substances in international trade.
These Regulations will not apply to the use, manufacture, processing, sale, offering for sale or import of the substance as a laboratory analytical standard and to the manufacture, processing, sale, offering for sale and import for uses of the substance covered under the Pest Control Product Act.
Background
Under the New Substances Notifications Regulations (NSN), any person must submit toxicological and other prescribed information to the Department of the Environment before manufacturing or importing a new substance into Canada. To ensure that the risks to human health and the environment resulting from the introduction of new and potentially dangerous substances are mitigated, the Departments of the Environment and Health conduct an assessment, pursuant to subsection 28(1) of CEPA, to determine if a new substance (see footnote 1) is toxic. When the assessment leads to the conclusion that the substance is toxic, the Departments of the Environment and Health establish conditions or prohibitions concerning the substance, which must be published in the Canada Gazette in the Conditions and Prohibitions for the Manufacture and Import of Substances New to Canada that are Suspected of Being Toxic under subsection 29(1) of CEPA.
In January 1997, an applicant submitted a New Substance Notification to the Department of the Environment with the intent to use in Canada, Tributyltetradecylphosphonium Chloride as a corrosion inhibitor in industrial cooling systems. The information prescribed by the NSN Regulations was submitted by the applicant and, the toxicity, release pattern and exposure data were evaluated. The evaluation established that the use of the substance would generate substantive releases into the environment and that Tributyltetradecylphosphonium Chloride is toxic under paragraph 11(a) of CEPA. As a result of this assessment, the Departments of the Environment and Health prohibited, on May 16, 1997, the manufacture and import of the substance into Canada under subsection 29(1) of CEPA. This prohibition was published in the Canada Gazette, Part I, on July 5, 1997, under the Conditions and Prohibitions for the Manufacture and Import of Substances New to Canada that are Suspected of Being Toxic. This prohibition was effective on May 16, 1997, for a two-year period, by which time regulations have to be proposed to maintain the prohibition.
In July 1997, another applicant notified his intent, under subsection 26(2) of CEPA, to manufacture Tributyltetradecyl- phosphonium Chloride for export purpose only. The applicant proposed to manufacture the substance in Canada and export it for use as a pesticide (registered in European Union) and as a phase transfer catalyst (a method that promotes chemical reaction between two or more chemicals that would not normally mix with one another). The release pattern regarding this second notification was significantly lower than the pattern considered in the initial assessment. The manufacturing information provided indicated that the process is contained (closed system). Therefore, the manufacture of the substance under this process in an export-only scenario does not result in an immediate or long-term effect on the Canadian environment.
As a consequence of the assessments, the Ministers of the Environment and Health recommended that the substance Tributyltetradecylphosphonium Chloride be added to the List of Toxic Substances, Schedule I, and to the List of Toxic Substances Requiring Export Notification, Schedule II, Part II of CEPA.
The proposed Tributyltetradecylphosphonium Chloride Regulations pursuant to section 34 of CEPA will replace the current prohibition.
The proposed Regulations will come into force on the date of their registration by the Clerk of the Privy Council. The implementation of the Regulations will impose controls on the substance, thus, TTPC will no longer be considered as a substance new to Canada and it will be added to the Domestic Substance List (DSL) as soon as the Regulations will be implemented.
Alternatives
Three alternatives have been considered for the control of Tributyltetradecylphosphonium Chloride:
1. Status quo Under this alternative, the terms and conditions published in the Canada Gazette, Part I, on July 5, 1997, prohibiting the manufacture and the importation of the substance by the original proponent would apply. This alternative has been rejected because it would not have controlled the substance in the entire Canadian industry and market, allowing companies which had filled a transitional notification under the NSN Regulations, to manufacture without restriction. Furthermore, CEPA subsection 29(4) specifies that such prohibition expires two years after it is imposed unless the Governor in Council publishes in the Canada Gazette a notice of proposed Regulations.
2. Interim order under section 35 of CEPA This alternative would have immediately prohibited the substance in Canada. It has been rejected because all known importers, manufacturers and users have indicated that they have suspended their activities related to the substance. Therefore, a significant danger requiring immediate action was not determined. In addition, it has been assessed that the manufacture of the substance under certain conditions and in an export-only scenario does not result in an immediate or long-term effect on the environment.
3. Regulations This alternative has been retained because it prohibits all activities having an immediate or long-term effect on the environment, and specifies the conditions under which the substance can be manufactured without risk for the Canadian environment. Also, according to subsection 29(4) of CEPA, the prohibition referred to above would expire after two years unless a regulation be proposed within this period.
Anticipated Impacts
This section will analyze the benefits and the costs resulting from the implementation of these proposed Regulations. It should be noted that an assessment of the present value has been performed at a 10 percent discount rate and 20 years of operation. The present value is defined as the amount of money that is required today to cover future expenses. The net present value is the present value of benefits minus the present value of costs.
Benefits and Costs to the Industry
As discussed above, one company has already proposed to manufacture Tributyltetradecylphosphonium Chloride for export purposes only. Based on data provided by this company, the present value of expected benefits in terms of profits (based on the assumption that they account for 20 percent of total expected sales) is estimated at $2.9 million for 20 years of operation. The present value of expected costs, for the same period of time (capital investments plus research and development expenses) is estimated at $1.3 million. The net present value of benefits of this company of doing business is $1.6 million.
The employment directly related to the manufacture of Tributyltetradecylphosphonium Chloride is estimated at 8.5 Full Time Equivalent person years with an average annual wage of $50,400 (including marginal benefits estimated at 20 percent of the annual salary).
Benefits to Canadians
No studies were found that attempt to quantify the potential benefit from avoidance of the risk of exposure to this substance. However, even if they cannot be quantified, the benefits of eliminating the release of the substance into the environment could potentially be large, due to its toxicity.
Eliminating the release of the substance into the environment will protect the health of Canadians and ecosystems. These Regulations will ensure that the principles of the Department of the Environment's Toxic Substances Management Policy and sustainable development will be respected. In addition, it will demonstrate to the international community that Canada is committed to the elimination of toxic substances.
Costs to the Government
The management of Tributyltetradecylphosphonium Chloride will be addressed by controlling this substance through the proposed Regulations. For the Government, there will be incremental costs associated with the proposed Regulations to enforce the prohibition on the use, processing, offer for sale, sale and importation and the application of certain conditions on manufacture into Canada of Tributyltetradecylphosphonium Chloride. These incremental costs are estimated at 0.05 Full Time Equivalent Person Year (FTEPY) i.e. $4,550 per year. The operating and maintenance (O&M) direct costs to cover field expenses are estimated at $500 per year. The O&M indirect costs that represent 41.8 percent of direct O&M costs are rounded to $200. Therefore, the total incremental costs to the Government represents $5,250 per year.
Consultation
During the evaluation of the environmental impact of the substance, affected companies (the Canadian manufacturer, its United States parent company, and its two clients) were contacted and informed by the Department of the Environment that control measures were under consideration. In April 1997, a conference call was held between the Department of the Environment, the notifier and its United States client company. During that conference call, the Department mentioned that possible options that would address the environmental concern of the substance were considered. A prohibition was among the options considered, and the Department explained in more details the implications of a prohibition for the manufacture and import of TTPC. In May 1997, the same parties had a general discussion on the environmental assessment of TTPC.
In June 1997, the Department of the Environment prepared a Notice with Respect to Tributyltetradecylphosphonium Chloride, Whether Alone or in a Mixture. The Notice requested information on: production, importation, exportation, acquisitions from domestic suppliers, formulation and repackaging activities, own use of products, shipments to domestic customers, storage and inventory, and promotional and instructional material. In July 1997, the Departments of the Environment and of Health met the manufacturer to specifically discuss the manufacturing process. Other exchanges and requests for information, most verbally, took place between the Department and the manufacturer.
Between April and May 1998, draft regulations were sent to interested parties for review and comments. The Department received comments about improving the compliance and enforcement aspect. As a result, modifications were made to the draft in order to reflect these comments. The manufacturer informed the Department that he agreed with the modifications on the draft regulations.
Following the publication of the proposed Regulations in the Canada Gazette, Part I, there will be a 60-day period to provide comments.
Compliance and Enforcement
The proposed Tributyltetradecylphosphonium Chloride Regulations will be proclaimed under the Canadian Environmental Protection Act and will be subject to its Enforcement and Compliance Policy. The policy, among other things, outlines measures to promote compliance, including education and information promotion of technology development, and consultations on regulations development.
Enforcement will be carried out through compliance monitoring to verify compliance of the Regulations as a whole, and through investigations of violations.
Responses to violations will be consistent with the criteria outlined in the Enforcement and Compliance Policy, i.e., the nature of the violation, effectiveness in achieving the desired result, and consistency in enforcement. Minor violations such as those for which the degree of harm or potential harm to the environment or human health is minimal could be dealt with by warnings. More serious offenses such as those having serious impact on human health or the environment could lead to prosecution.
Contacts
Josée Lavergne, Commercial Chemicals Evaluation Branch, Pollution Prevention Directorate, Environmental Protection Service, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 953-1651 (Telephone), (819) 953-4936 (Facsimile); and Arthur Sheffield, Regulatory and Economic Analysis Branch, Economic and Regulatory Affairs Directorate, Policy and Communications, Department of the Environment, Ottawa, Ontario K1A 0H3, (819) 953-1172 (Telephone), (819) 997-2769 (Facsimile).
PROPOSED REGULATORY TEXT
Notice is hereby given, pursuant to subsection 48(1) of the Canadian Environmental Protection Act(see footnote a), that the Governor in Council, pursuant to subsections 33(1)(see footnote b) and 42(1) of that Act, proposes to make the annexed Order Adding a Toxic Substance to Schedule I and to Part II of Schedule II to the Canadian Environmental Protection Act.
Any person may, pursuant to subsection 48(2) of that Act, file a notice of objection with respect to the proposed Order with the Minister of the Environment within 60 days after the date of publication of this notice, requesting that a board of review be established under section 89 of that Act and stating the reasons for the objection. All such notices of objection must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Director, Commercial Chemicals Evaluation Branch, Department of the Environment, Ottawa, Ontario K1A 0H3.
May 6, 1999
MARC O'SULLIVAN
Assistant Clerk of the Privy Council
ORDER ADDING A TOXIC SUBSTANCE TO SCHEDULE I AND TO PART II OF SCHEDULE II TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT
AMENDMENTS
1. Schedule I to the Canadian Environmental Protection Act (see footnote 2) is amended by adding the following after item 45:
Item |
Column I Name or Description of Substance |
Column II Type of Regulation Applicable |
|---|---|---|
| 46. | Tributyltetradecylphosphonium chloride that has the molecular formula C26H56P⋅Cl | (a) Prohibition on manufacture, use, processing, sale, offer for sale or import (b) Manufacture is allowed under certain conditions for export markets |
2. Part II of Schedule II to the Act is amended by adding the following after item 22:
23. Tributyltetradecylphosphonium chloride
COMING INTO FORCE
3. This Order comes into force on the day on which it is registered.
[20-1-o]
Tributyltetradecylphosphonium Chloride Regulations
Statutory Authority
Canadian Environmental Protection Act
Sponsoring Department
Department of the Environment
REGULATORY IMPACT ANALYSIS STATEMENT
For the Regulatory Impact Analysis Statement, see the Order Adding a Toxic Substance to Schedule I and to Part II of Schedule II to the Canadian Environmental Protection Act.
PROPOSED REGULATORY TEXT
Notice is hereby given, pursuant to subsection 48(1) of the Canadian Environmental Protection Act (see footnote c), that the Governor in Council, pursuant to section 34 (see footnote d) of that Act, proposes to make the annexed Tributyltetradecylphosphonium Chloride Regulations.
Any person may, pursuant to subsection 48(2) of that Act, file a notice of objection in respect of the proposed Regulations with the Minister of the Environment within 60 days after the date of publication of this notice, requesting that a board of review be established under section 89 of that Act and stating the reasons for the objection. All such notices of objection must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to the Director, Commercial Chemicals Evaluation Branch, Department of the Environment, Ottawa, Ontario K1A 0H3.
May 6, 1999
MARC O'SULLIVAN
Assistant Clerk of the Privy Council
TRIBUTYLTETRADECYLPHOSPHONIUM CHLORIDE REGULATIONS
INTERPRETATION
1. In these Regulations, "substance" means tributyltetra- decylphosphonium chloride that has the molecular formula C26H56P(Cl.
APPLICATION
2. These Regulations do not apply in respect of the manufacturing, use, processing, sale, offering for sale or import of the substance as a laboratory analytical standard, or in respect of an aspect of the substance regulated by or under the Pest Control Products Act.
PROHIBITION
3. No person shall use, process, sell, offer for sale or import the substance.
4. No person shall manufacture the substance, except if
(a) the person manufactures the substance for export only;
(b) the person has notified the Minister, in writing, of their intent to manufacture the substance 60 days before the starting date of the manufacturing process; and
(c) the person manufactures the substance using a fully contained process whereby the containment of the substance is ensured by various pollution control or recovery technologies, including an emergency containment, in order to prevent any spill into the environment.
MANUFACTURER'S RECORDS
5. Any person who manufactures the substance for export shall maintain books and records certifying the quantities of the substance manufactured during a given year. The books and records shall be kept at the person's facility in Canada for five years.
EXPORT
6. The manufacturer exporting the substance shall maintain a copy of the Canada Customs declaration of export, if applicable, at the manufacturer's facility in Canada for five years.
INCINERATION
7. Any manufacturer who sends the substance or a material containing the substance for incineration shall
(a) proceed in accordance with the National Guidelines for Hazardous Waste Incineration Facilities — Design and Operating Criteria, Volume 1, Canadian Council of Ministers of the Environment (CCME), March 1992, as amended from time to time; and
(b) maintain for five years at the manufacturer's facility in Canada a copy of documents certifying the incineration.
COMING INTO FORCE
8. These Regulations come into force on the day on which they are registered.
[20-1-o]
Private Buoy Regulations
Statutory Authority
Canada Shipping Act
Sponsoring Departments
Department of Fisheries and Oceans and Department of Transport
REGULATORY IMPACT ANALYSIS STATEMENT
Description
Private buoys are an important and growing complement to the Canadian aids to navigation system established by the Canadian Coast Guard (CCG) and other government authorities. The Private Buoy Regulations set conditions and standards for the placement of buoys for private use or for use in connection with private facilities.
The current initiative will replace the existing regulations with new Private Buoy Regulations. In support of safety on the waterways, the CCG will establish more efficient procedures which will allow for:
— more immediate removal of private buoys that create a hazard by interfering with or misleading mariners; and
— more timely response to technical and system improvement, by removing, from the Regulations, the current specifications for private buoy usage and markings. Those specifications will be replaced, in the new Regulations, by a reference to the Canadian Aids to Navigation System (TP 968).
Alternatives
The status quo was rejected because the incorporation of private buoy standards in the current Regulations impairs the ability of CCG officials to manage, in a timely manner, changes to those standards. As a result, ensuring safe navigation in Canadian waters is also impaired.
Consideration was given to the possibility of requiring CCG's approval for private buoys prior to their placement. However, this alternative was rejected since the vast majority of private buoys meet the current regulatory requirements. The small numbers that may pose a serious danger to boaters can be dealt with by the more effective removal procedures proposed in the new Regulations. Prior approval of private buoys would substantially increase administrative costs to the CCG.
Additionally, although included in CCG's 1995 regulatory review plan as possible areas of change, the delegation of enforcement powers and the amalgamation of the Aids to Navigation Protection Regulations with the Private Buoy Regulations were not pursued within the context of this revision. Study of these possible areas of change, subsequent to the regulatory review exercise, determined that since the two Regulations came under two independent pieces of legislation, amalgamation was not practical.
Benefits and Costs
The amendment will improve the effectiveness of the CCG in ensuring the safest, most efficient and up-to-date navigation system possible. Since the new Regulations will only change enforcement and administrative procedures, there will be no new cost to those in conformance with the present private buoy regulatory standards.
In addition, since the new Regulations will improve the ability of the CCG to effectively deal with dangerous or potentially dangerous situations, the impact on owner's of private buoys that do not comply with the Regulations will be the loss of the non-compliant buoy and related costs.
The new Regulations may also have an impact on CCG resources in terms of increased workloads. Such increases are to be expected, in the short term, as there may be an increase in requests for assistance, buoy removals, inquiries and other related administrative duties. However, in response to this possibility, the CCG has developed An Owner's Guide to Private Aids to Navigation (TP 12468). This guide will benefit both private buoy owners and Regional officers dealing with private buoy issues and will serve to help reduce any long-term CCG workload increases.
Given the improvement to navigational safety resulting from stronger buoy removal provisions, the new Regulations will decrease the likelihood of vessels colliding with non-compliant buoys. The reduction of accident numbers will prevent fuel, oil and septic tank spills that often occur and thus the Regulations will have positive environmental impact.
Consultation
The objective of this initiative is primarily the streamlining of the regulations. The specifications for private buoy usage and markings are not being substantively changed. The main objective is to remove current specifications from the regulations and replace them with a reference to the Canadian Aids to Navigation System (TP 968) in order to provide for a more timely response to technical and system improvement. Replacement of the regulatory specifications is in line with recommendations of the Canadian Coast Guard Marine Advisory Council (CMAC) National Committee.
Information concerning the changes relating to buoy removal and specifications has been distributed to those affected and is available via the new CCG publication, An Owner's Guide to Private Aids to Navigation (TP 12468). Further comment from the public will be achieved through publication of the Regulations in Part I of the Canada Gazette and circulation of the Canada Gazette insert to all CMAC members. After the Regulations are promulgated, the boating community will receive information on the changes by means of the Canadian Aids to Navigation System (TP 968) booklet and the Notices to Mariners (TP 136).
Compliance and Enforcement
The conformity of buoys to the requirements of the Private Buoy Regulations is monitored by the CCG and the boating public. Any delegated authority may initiate removal or repair procedures. The CCG gives owners notification of buoy removal or of any repair required to make buoys conform to the regulatory standard. When a contravention occurs or remedial action is not taken, sanctions are available under the Private Buoy Regulations and the Criminal Code.
Contact
Mrs. L. Denis, Standards Officer, Marine Navigation Services, Canadian Coast Guard, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 990-3491 (Telephone), (613) 998-8428 (Facsimile).
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor General in Council, pursuant to sections 519 and 562 (see footnote e) of Canada Shipping Act, proposes to make the annexed Private Buoy Regulations.
Any interested person may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must be addressed to Mrs. L. Denis, Marine Navigation Services, Canadian Coast Guard, Department of Fisheries and Oceans, 200 Kent Street, Ottawa, Ontario K1A 0E6, (613) 990-3491 (Telephone), (613) 998-8428 (Facsimile), and cite the Canada Gazette, Part I, and the publication date of this notice.
May 6, 1999
MARC O'SULLIVAN
Assistant Clerk of the Privy Council
PRIVATE BUOY REGULATIONS
INTERPRETATION
1. In these Regulations, "private buoy" means a buoy that is not owned by the federal government, a provincial government or a government agency.
APPLICATION
2. These Regulations apply to every private buoy other than private buoys used to mark fishing gear.
PLACEMENT REQUIREMENTS
3. No person shall place in any Canadian waters a private buoy that interferes with or is likely to interfere with the navigation of any vessel, or that misleads or is likely to mislead the operator of any vessel.
4. (1) No person shall place a private buoy in any Canadian waters unless
(a) the part of the buoy that shows above the surface of the water is at least 15.25 cm wide and at least 30.5 cm high;
(b) the buoy displays, on opposite sides, the capital letters "PRIV" that are
(ii) white when the background colour is red, green or black;
(iii) black when the background colour is white or yellow;
(c) the buoy complies with the requirements set out in Canadian Aids to Navigation (TP 968) published by the Canadian Coast Guard in 1995, as amended from time to time;
(d) the buoy displays, in a conspicuous location and in a permanent and legible manner, the name, address and telephone number of its owner;
(e) the buoy is constructed and maintained in a manner and with materials that ensure that it remains in position and retains the characteristics specified in paragraphs (a) to (d); and
(f) the buoy's anchor is constructed and maintained in a manner and with materials that ensure that it remains in position.
(2) The owner of a private buoy placed in any Canadian waters shall ensure that the information required by paragraph (1)(d) is accurate at all times.
5. (1) If there is a need for increased visibility or better identification of a buoy for safety and the prevention of accidents, the Minister of Fisheries and Oceans may order the owner of the buoy to modify it according to the requirements set out in the Procedures Manual for Design and Review of Short-range Aids to Navigation Systems (TP9677), published in March 1989 by the Canadian Coast Guard, as amended from time to time.
(2) Every person who fails or refuses to comply with an order made under subsection (1) is guilty of an offence and liable to a fine of $200.00.
6. No person shall place in any Canadian waters a private buoy that has a light unless the light remains lit throughout the night and meets the requirements referred to in paragraph 4(1)(c).
REMOVAL
7. The Minister of Fisheries and Oceans may remove from any Canadian waters a private buoy that does not comply with these Regulations.
REPEAL
8. The Private Buoy Regulations (see footnote 3) are repealed.
COMING INTO FORCE
9. These Regulations come into force on the date on which they are registered.
[20-1-o]
A new substance for the purpose of CEPA is one that is not on the inventory of existing commercial chemicals in Canada known as the Domestic Substance List.
R.S., 1985, c. 16 (4th Supp.)
S.C., 1989, c. 9, s. 1(1)
R.S., 1985, c. 16 (4th Supp.)
R.S., c. 16 (4th Supp.)
S.C., 1992, c. 1, s. 144, Sch. VII, s. 15
R.S., c. 6 (3rd Supp.), s. 77
SOR/84-804
NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).
