ARCHIVED — Declaration Regulations (Chemical Weapons Convention)

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Vol. 143, No. 48 — November 28, 2009

Statutory authority

Chemical Weapons Convention Implementation Act

Sponsoring department

Department of Foreign Affairs and International Trade

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

For the purpose of implementing Canada’s obligations under the Chemical Weapons Convention (CWC), the Chemical Weapons Convention Implementation Act (CWCIA) [S.C. 1995, c. 25] imposes an obligation on every person who is involved in the types of activities referred to by the Act to provide to the Canadian National Authority the prescribed information in the prescribed manner and at the prescribed time as well as to keep and maintain the prescribed documents in Canada, and, on request, to provide these proposed documents to the Canadian National Authority.

Over the past 12 years, Canadian entities affected by the CWC have voluntarily complied with the requirement to provide annual declarations of their activities. However, in 2006, the Canadian National Authority was challenged on two occasions by lawyers and a major chemical company about the legal obligation to submit information in the absence of declarations regulations. Despite questioning the right of the Canadian National Authority to collect this information, companies have continued submitting declarations.

The proposed Declarations Regulations (Chemical Weapons Convention) are intended to prescribe the type of information that needs to be provided to the Canadian National Authority as well as the time and form of submission as stated in section 11 of the CWCIA. It will also prescribe the documents that have to be retained and the manner of, and period of time for, their retention.

This would ensure legal certainty with respect to the mandatory obligation of Canadian entities affected by the CWC to make declarations to the Canadian National Authority regarding their activities. The information requested would not be different from the information being submitted for the last 12 years by companies and other users of chemicals controlled by the CWC. We do not anticipate any additional cost associated with these regulations beyond the current administration costs of gathering the information and preparing the declaration.

Description and rationale

In accordance with paragraph 8 of Article VI of the CWC, States Parties are required to submit annual declarations to the Organisation for the Prohibition of Chemical Weapons (OPCW) regarding national activities involving chemicals listed by the CWC. The CWC’s Verification Annex lists in detail the information required and the deadlines for the two kinds of national declarations and for the various categories of chemicals. This means that the Regulations will have to be tailored accordingly.

Prescribed time

In general, there are two kinds of declarations that the Canadian National Authority must submit each year to the OPCW, both with different deadlines.

The Annual Declaration of Past Activities is to be submitted to the OPCW no later than 90 days after the end of the previous calendar year (March 30). It is required for all scheduled chemicals as well as for discrete organic chemicals (DOCs).

The Annual Declaration of Anticipated Activities is to be submitted to the OPCW no later than 90 days before the start of the coming calendar year for Schedule 1 chemicals (September 30) and no later than 60 days for Schedules 2 and 3 chemicals (October 30). There are no requirements for declaration of anticipated activities regarding DOCs. Although there is a different deadline depending on the schedule, the practice of the Canadian National Authority has been to submit the anticipated activities declaration for all the scheduled chemicals no later than September 30.

In order to provide sufficient time for the Canadian National Authority to collect, collate and then transmit the declarations, the Regulations should set the following times for providing information to the Canadian National Authority: by February 28 for Annual Declaration of Past Activities, and by September 15 for Annual Declaration of Anticipated Activities.

Prescribed information

Schedule 1 chemicals

All facilities producing, using, acquiring, possessing, importing or exporting Schedule 1 chemicals, regardless of quantity, must declare their activities twice a year to the Canadian National Authority on past and anticipated activities. Separate sections dealing with the Single Small-scale Facility, located at Defence R & D Canada Suffield, Alberta, and other licensees have been included in the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) [SOR/2004-155].

Schedule 2 chemicals

Two different types of declarations are required for this category of chemicals: aggregate national data and plant site declarations. For aggregate national data, the Canadian National Authority collects information on the total quantities of Schedule 2 chemicals produced, processed, consumed, exported or imported, including the name of each country involved in the import or export. For plant site declarations, the Canadian National Authority collects information twice a year on production, consumption, processing, import or export of Schedule 2 chemicals for past and anticipated activities.

Schedule 3 chemicals

Similarly, aggregate national data and plant site declarations are required for this category of chemicals. For aggregate national data, the Canadian National Authority collects information on the total quantities of Schedule 3 chemicals produced, exported or imported, including the name of each country involved in the import or export. For plant site declarations, the Canadian National Authority collects information twice a year on production, import or export of Schedule 3 chemicals for past and anticipated activities.

Discrete organic chemicals

Declarations of discrete organic chemicals (DOCs) are not nearly as detailed as those for the scheduled chemicals, as they cover only production of DOCs given in ranges as opposed to precise amounts, and the name of the individual chemical is not required. Plant sites that produce by synthesis a quantity of DOCs over 200 tonnes (aggregate quantity) are required to report the production to the Canadian National Authority. If the produced DOC contains the element phosphorus, sulphur or fluorine, the threshold for reporting is 30 tonnes.

Riot control agents

The Canadian National Authority must make an initial declaration on riot control agents held for riot control purposes and update it every time changes occur. Any person who possesses riot control agents for riot control purposes must provide information to the Canadian National Authority on the chemical name, structural formula and Chemical Abstracts Service registry number, if assigned, for each riot control agent. This requirement does not apply to persons who possess riot control agents in containers for personal defence.

Consultation

Consultations have occurred between the Canadian National Authority and Canada’s Chemical Producers Association, universities, private and government laboratories, trading companies and distributors, and pharmaceutical companies. Initial consultations in 1995 and 1996 were conducted with an Industry Advisory Group composed of industry associations and major chemical companies. This was followed up by a massive mail-up every year to all users of chemicals controlled under the CWC. The Canadian National Authority has also responded to numerous inquires on how to fill the annual declarations. The Canadian National Authority on several occasions has consulted the main industry associations, provided information for companies and conducted outreach visits to chemical plants. All these efforts have been instrumental in getting the stakeholders to submit declarations on the same format for the last 12 years. The vast majority of the stakeholders have conformed to section 11 of the CWCIA even if the prescribed information, the prescribed time and the prescribed form had not been defined in declarations regulations.

Contact

Adrian Ghita-Duminica
Senior Advisor
Canadian National Authority
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa, Ontario
K1A 1M3
Telephone: 613-944-1912
Email: adrian.ghita-duminica@international.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 11 (see footnote a) and 18 of the Chemical Weapons Convention Implementation Act (see footnote b), proposes to make the annexed Declarations Regulations (Chemical Weapons Convention).

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Adrian Ghita-Duminica, Senior Advisor, Canadian National Authority, Non-Proliferation and Disarmament (Chemical, Biological and Conventional Weapons and Remote-Sensing) Division, Department of Foreign Affairs and International Trade, 125 Sussex Drive, Ottawa, Ontario K1A 0G2 (tel.: 613-944-1912; fax: 613-944-3105; e-mail: adrian.ghita-duminica@international.gc.ca).

Ottawa, November 19, 2009

JURICA ČAPKUN
Assistant Clerk of the Privy Council

DECLARATIONS REGULATIONS (CHEMICAL WEAPONS CONVENTION)

PART 1

INTERPRETATION

Definitions

1. (1) The following definitions apply in these Regulations.

“Act” « Loi »

“Act” means the Chemical Weapons Convention Implementation Act.

“CAS registry number” « numéro d’enregistrement CAS »

“CAS registry number” means the identification number assigned to a chemical substance by the Chemical Abstracts Service, a division of the American Chemical Society.

“contact information” « coordonnées »

“contact information” means the address, telephone number and, if applicable, fax number and e-mail address.

“discrete organic chemical” « produit chimique organique défini »

“discrete organic chemical” means any chemical that belongs to the class of chemical compounds consisting of all compounds of carbon except for carbon monoxide, carbon dioxide, carbon disulfide, carbonyl sulfide and metal carbonates. Also excluded from this definition are oligomers and polymers — whether or not they contain phosphorus, sulfur or fluorine — and chemicals that contain only carbon and metal.

“IUPAC” « UICPA »

“IUPAC” means the International Union of Pure and Applied Chemistry.

“other facility” « autre installation »

“other facility” means a plant site, plant or unit, other than the single small-scale facility, where activities authorized under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) are carried out.

“PSF chemical” « produit PSF »

“PSF chemical” means a discrete organic chemical that contains phosphorus, sulfur or fluorine.

“Schedule 1 chemical” « produit chimique du tableau 1 »

“Schedule 1 chemical” means a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

“Schedule 2 chemical” « produit chimique du tableau 2 »

“Schedule 2 chemical” means a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

“Schedule 3 chemical” « produit chimique du tableau 3 »

“Schedule 3 chemical” means a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

“single small-scale facility” « installation unique à petite échelle »

“single small-scale facility” means the single small-scale facility referred to in paragraph 19(1)(a) of the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) or any facility replacing it or intended to replace it.

Other words and expressions

(2) Unless the context otherwise requires, all words and expressions used in these Regulations have the same meaning as in the Convention.

Electronic transmission

(3) Any notice given or declaration made under these Regulations may be given or made by electronic means.

PART 2

SCHEDULE 1 CHEMICALS

APPLICATION

Application

2. This Part applies to any activity authorized under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention).

INITIAL DECLARATION

Single small-scale facility

3. (1) Unless the information has already been submitted to the National Authority, any person that, at the time of the coming into force of these Regulations, is carrying out an activity at the single small-scale facility under an authorization referred to in subsection 8(1) of the Act must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) the name of the facility and its address or, if there is no address, a description of its precise location; and

(d) a detailed technical description of the facility, including an inventory of equipment and detailed diagrams.

Changes

(2) The declarant must notify the National Authority in writing, and within the following time frames, of any change to the following information:

(a) that referred to in paragraphs (1)(a) and (b), no later than 7 days after the day of the change; and

(b) that referred to in paragraphs (1)(c) and (d), not less than 200 days before the change is to be made.

Proposed facility

4. (1) Any person that intends to carry out an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, not less than 200 days before operations are to begin, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains,

(a) in the case of the single small-scale facility, the information set out in paragraphs 3(1)(a) to (d); and

(b) in the case of an other facility, the information set out in paragraphs 3(1)(a) to (c), a detailed technical description of the facility and the purposes for which it will be operated.

Changes

(2) The declarant must notify the National Authority in writing, and within the following time frames, of any change to the following information:

(a) that referred to in paragraphs 3(1)(a) and (b), no later than 7 days after the day of the change; and

(b) that referred to in paragraphs 3(1)(c) and (d), the detailed technical description of an other facility and the purposes for which an other facility will be operated, not less than 200 days before the change is to be made.

ANNUAL DECLARATION OF PAST ACTIVITIES

Single small-scale facility or other facility

5. Any person that, during a calendar year, carries out an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) the name of the facility and its address or, if there is no address, a description of its precise location;

(d) for each Schedule 1 chemical referred to in the declaration,

(i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula,

(ii) if applicable, the quantity produced and, in the case of the single small-scale facility or an other facility that is licensed to produce Schedule 1 chemicals for protective purposes, the production methods employed,

(iii) if applicable, the quantity consumed and the purposes for which it was consumed,

(iv) if applicable, for each receipt of a Schedule 1 chemical from the single small-scale facility or from one of the persons referred to in section 11 of the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) or each shipment of a Schedule 1 chemical to that facility or to one of those persons, as the case may be, the quantity received or shipped, the purposes for which it was received or shipped and the facility or person from which it was received or to which it was shipped,

(v) the maximum quantity stored at any time during the year, and

(vi) the quantity stored at the end of the year;

(e) for each precursor listed in Schedule 1, 2 or 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention that was used for the production of the Schedule 1 chemical,

(i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, and

(ii) its quantity consumed;

(f) any changes at the facility compared to,

(i) in the case of the single small-scale facility, its detailed technical description, including the inventory of equipment and detailed diagrams, and

(ii) in the case of an other facility, its detailed technical description; and

(g) if the declarant no longer carries out activities under an authorization referred to in subsection 8(1) of the Act, the date of the cessation of activities.

ANNUAL DECLARATION OF ANTICIPATED ACTIVITIES

Single small-scale facility or other facility

6. Any person that anticipates carrying out, during the following calendar year, an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, no later than September 15 of the current year, an annual declaration of the activities that are anticipated to be carried out during the calendar year to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) the name of the facility and its address or, if there is no address, a description of its precise location;

(d) for each Schedule 1 chemical referred to in the declaration,

(i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, and

(ii) the quantity that is anticipated to be produced and the purposes for which it will be produced and, in the case of an other facility, the calendar yearly quarter during which the production is anticipated to take place; and

(e) any changes that are anticipated at the facility compared to,

(i) in the case of the single small-scale facility, its detailed technical description, including the inventory of equipment and detailed diagrams, and

(ii) in the case of an other facility, its detailed technical description.

NOTICE AND DECLARATION REGARDING EXPORTS AND IMPORTS

Notice

7. Any person that anticipates exporting or importing a Schedule 1 chemical under an authorization referred to in subsection 8(2) of the Act must notify the National Authority in writing not less than 45 days before the export or import. The notice must be signed and dated by the person that gives the notice or, in the case of a corporation, by its authorized representative and must contain the following information:

(a) the name and contact information of the person that gives the notice;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) the IUPAC name of the Schedule 1 chemical and its CAS registry number or, if no CAS registry number has been assigned, its structural formula; and

(d) as the case may be, each of the quantities of each Schedule 1 chemical that is anticipated to be exported or imported, expressed in grams or in kilograms, the country of final destination or the country from which the chemical will be imported, the name and address of the facility in question that is located in that country, the purposes for which the chemical will be exported or imported and the date of the export or import.

Annual declaration of past activities

8. Any person that, during a calendar year, exports or imports a Schedule 1 chemical under an authorization referred to in subsection 8(2) of the Act must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) the IUPAC name of the Schedule 1 chemical and its CAS registry number or, if no CAS registry number has been assigned, its structural formula; and

(d) as the case may be, each of the quantities of each Schedule 1 chemical exported or imported, expressed in grams or in kilograms, the country of final destination or the country from which the chemical was imported, the name and address of the facility in question that is located in that country, the purposes for which the chemical was exported or imported and the date of the export or import.

PART 3

SCHEDULE 2 CHEMICALS

APPLICATION

Application

9. (1) Sections 9 to 12 apply to plant sites that consist of one or more plants where, during a calendar year, an activity referred to in section 11 of the Act, other than export or import, is carried out with respect to any Schedule 2 chemical described below in excess of the following applicable quantities:

(a) 100 grams of any Schedule 2 chemical marked by an asterisk (*) in Part A of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 0.5% of the total weight of a mixture;

(b) 10 kg of any other Schedule 2 chemical listed in Part A of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 0.5% of the total weight of a mixture; and

(c) 100 kg of any Schedule 2 chemical listed in Part B of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 10% of the total weight of a mixture.

Interpretation

(2) For greater certainty, the quantities referred to in paragraphs (1)(a) to (c) relate only to the weight of a Schedule 2 chemical contained in a mixture and not to the weight of the mixture itself.

INITIAL DECLARATION

Declaration

10. Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1994 and ending at the end of the calendar year before the coming into force of these Regulations, carried out at a plant site an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, for each calendar year referred to in this section during which an activity referred to in this section was carried out, the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) for each plant site,

(i) its name, address and precise location,

(ii) the name of its owner or of the corporation or enterprise operating it, as the case may be, and

(iii) if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 4;

(d) for each plant referred to in section 9 that is located within the plant site,

(i) its name, precise location within the plant site and, if applicable, the name or number of the building or structure in which it is located,

(ii) the name of its owner or of the corporation or enterprise operating it, as the case may be,

(iii) the main activities that are carried out,

(iv) an indication

(A) that the plant produces, processes or consumes a Schedule 2 chemical, as the case may be,

(B) of whether it is dedicated to those activities or is multi-purpose, and

(C) of whether it carries out other activities with respect to a Schedule 2 chemical and, if applicable, a specification of those activities, and

(v) its production capacity for each Schedule 2 chemical and the method used to calculate that production capacity; and

(e) for each Schedule 2 chemical,

(i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula,

(ii) the total quantity produced, processed or consumed, expressed in kilograms or in tonnes, and

(iii) the purposes for which it was produced, processed or consumed and,

(A) if it was processed or consumed, the type of product that resulted from the processing or consumption, or

(B) if it was sold or transferred within Canada, an indication of whether it was sold or transferred to another industry, a trader or another destination and, if known, the final type of product that resulted or is anticipated to result from the production, processing or consumption.

ANNUAL DECLARATION OF PAST ACTIVITIES

Declaration

11. (1) Any person that, during a calendar year, carries out at a plant site an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the information set out in paragraphs 10(a) to (e).

Cessation of activities

(2) If the declarant no longer carries out activities referred to in section 11 of the Act with respect to a Schedule 2 chemical, the declarant must make their declaration to the National Authority within 30 days after the cessation of activities. In addition to the information referred to in subsection (1), the declaration must contain the date of the cessation.

ANNUAL DECLARATION OF ANTICIPATED ACTIVITIES

Declaration

12. (1) Any person that anticipates carrying out at a plant site, during the following calendar year, an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, must make, no later than September 15 of the current year, an annual declaration of the activities that are anticipated to be carried out during the calendar year to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, in addition to the information set out in paragraphs 10(a) to (d), the following information for each Schedule 2 chemical referred to in the declaration:

(a) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula;

(b) the total quantity that is anticipated to be produced, processed or consumed, expressed in kilograms or in tonnes, and the calendar yearly quarter during which the production, processing or consumption is anticipated to take place; and

(c) the purposes for which it will be produced, processed or consumed and,

(i) if it will be processed or consumed, the type of product that will result from the processing or consumption, or

(ii) if it will be sold or transferred within Canada, an indication of whether it will be sold or transferred to another industry, a trader or another destination and, if known, the final type of product that is anticipated to result from the production, processing or consumption.

Notice of additional activities

(2) The declarant must notify the National Authority in writing of any additional activity that is anticipated to be carried out during the year referred to in the declaration not less than 15 days before the activity begins.

DECLARATIONS REGARDING EXPORTS AND IMPORTS

Initial declaration

13. Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1994 and ending at the end of the calendar year before the coming into force of these Regulations, exported or imported any quantity of any of the Schedule 2 chemicals described in paragraphs 9(1)(a) to (c) must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, for each calendar year referred to in this section during which an activity referred to in this section was carried out, the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative; and

(c) as the case may be, each of the quantities of each Schedule 2 chemical exported or imported, expressed in kilograms or in tonnes, and the country of final destination or the country from which the chemical was imported.

Annual declaration of past activities

14. Any person that, during a calendar year, exports or imports any quantity of any of the Schedule 2 chemicals described in paragraphs 9(1)(a) to (c) must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the information set out in paragraphs 13(a) to (c).

PART 4

SCHEDULE 3 CHEMICALS

APPLICATION

Application

15. Sections 15 to 18 apply to plant sites that consist of one or more plants where, during a calendar year, more than three tonnes of a Schedule 3 chemical are produced, with the exception of those chemicals that constitute less than 25% of the total weight of a mixture.

INITIAL DECLARATION

Declaration

16. Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1996 and ending at the end of the calendar year before the coming into force of these Regulations, produced a Schedule 3 chemical at a plant site must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, for each calendar year referred to in this section during which such production took place, the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) for each plant site,

(i) its name, address and precise location,

(ii) the name of its owner or of the corporation or enterprise operating it, as the case may be, and

(iii) if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 3;

(d) for each plant referred to in section 15 that is located within the plant site,

(i) its name, precise location within the plant site and, if applicable, the name or number of the building or structure in which it is located,

(ii) the name of its owner or of the corporation or enterprise operating it, as the case may be, and

(iii) the main activities that are carried out; and

(e) for each Schedule 3 chemical referred to in section 15 that is produced in a quantity above the threshold set out in that section,

(i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula,

(ii) the total quantity produced, expressed in tonnes, and

(iii) the purposes for which it was produced.

ANNUAL DECLARATION OF PAST ACTIVITIES

Declaration

17. (1) Any person that, during a calendar year, produces a Schedule 3 chemical at a plant site must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the information set out in paragraphs 16(a) to (e).

Cessation of production activities

(2) If the declarant no longer produces Schedule 3 chemicals, the declarant must make their declaration to the National Authority within 30 days after the cessation of production activities. In addition to the information referred to in subsection (1), the declaration must contain the date of the cessation.

ANNUAL DECLARATION OF ANTICIPATED ACTIVITIES

Declaration

18. (1) Any person that anticipates producing, during the following calendar year, more than three tonnes of a Schedule 3 chemical at a plant site must make, no later than September 15 of the current year, an annual declaration of the activities that are anticipated to be carried out during the calendar year to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, in addition to the information set out in paragraphs 16(a) to (d), the following information for each Schedule 3 chemical referred to in the declaration:

(a) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula;

(b) the total quantity that is anticipated to be produced, expressed in tonnes; and

(c) the purposes for which it will be produced.

Notice of additional production activities

(2) The declarant must notify the National Authority in writing of any additional production activity that is anticipated to be carried out during the year referred to in the declaration not less than 15 days before the production activity begins.

DECLARATIONS REGARDING EXPORTS AND IMPORTS

Initial declaration

19. Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1996 and ending at the end of the calendar year before the coming into force of these Regulations, exported or imported any quantity of a Schedule 3 chemical referred to in section 15 must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, for each calendar year referred to in this section during which an activity referred to in this section was carried out, the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative; and

(c) as the case may be, each of the quantities of each Schedule 3 chemical exported or imported, expressed in kilograms or in tonnes, and the country of final destination or the country from which the chemical was imported.

Annual declaration of past activities

20. Any person that, during a calendar year, exports or imports any quantity of a Schedule 3 chemical referred to in section 15 must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the information set out in paragraphs 19(a) to (c).

PART 5

DISCRETE ORGANIC CHEMICALS

APPLICATION

Application

21. (1) Subject to subsection (2), this Part applies to plant sites

(a) where, during a calendar year, more than 200 tonnes of discrete organic chemicals are produced by synthesis; or

(b) that consist of one or more plants where, during a calendar year, more than 30 tonnes of a PSF chemical are produced by synthesis.

Exception

(2) This Part does not apply to plant sites where a person produces exclusively explosives, hydrocarbons or alcoholic beverages.

INITIAL DECLARATION

Declaration

22. Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1996 and ending at the end of the calendar year before the coming into force of these Regulations, produced by synthesis a discrete organic chemical at a plant site must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, for each calendar year referred to in this section during which such production took place, the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative;

(c) for each plant site,

(i) its name, address and precise location,

(ii) the name of its owner or of the corporation or enterprise operating it, as the case may be,

(iii) the main activities that were carried out, and

(iv) the number of plants within the plant site where a discrete organic chemical was produced by synthesis;

(d) the approximate aggregate quantity of discrete organic chemicals that were produced by synthesis during the calendar year, expressed in one of the following ranges:

(i) more than 200 tonnes but less than 1 000 tonnes,

(ii) 1 000 tonnes or more but less than or equal to 10 000 tonnes, or

(iii) more than 10 000 tonnes; and

(e) if a PSF chemical was produced by synthesis,

(i) the number of plants within the plant site where a PSF chemical was produced by synthesis, and

(ii) for each of those plants, the approximate aggregate quantity of PSF chemicals that were produced by synthesis there during the calendar year, expressed in one of the following ranges:

(A) more than 30 tonnes but less than 200 tonnes,

(B) 200 tonnes or more but less than 1 000 tonnes,

(C) 1 000 tonnes or more but less than or equal to 10 000 tonnes, or

(D) more than 10 000 tonnes.

ANNUAL DECLARATION OF PAST ACTIVITIES

Declaration

23. (1) Any person that, during a calendar year, produces by synthesis a discrete organic chemical at a plant site must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the information set out in paragraphs 22(a) to (e).

Cessation of production activities

(2) If the declarant no longer produces by synthesis discrete organic chemicals, the declarant must make their declaration to the National Authority within 30 days after the cessation of production activities. In addition to the information referred to in subsection (1), the declaration must contain the date of the cessation.

PART 6

RIOT CONTROL AGENTS

APPLICATION

Application

24. This Part does not apply to riot control agents that are intended to be used by an individual for personal defence.

DECLARATION

Declaration

25. (1) Unless the information has already been submitted to the National Authority, any person that holds a riot control agent for riot control purposes must make, within 90 days after the day on which these Regulations come into force or of the beginning of the holding, as the case may be, a declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

(a) the name and contact information of the declarant;

(b) if applicable, the name, position and contact information of the authorized representative; and

(c) for each riot control agent, its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula.

Changes

(2) The declarant must notify the National Authority in writing of any changes to the information contained in their declaration within 30 days after the day of the change.

PART 7

RETENTION OF DOCUMENTS

Retention of documents

26. (1) For the application of paragraph 11(b) of the Act, the prescribed documents are those related to the carrying out of any of the activities referred to in section 11 of the Act, including

(a) inventory and accounting records;

(b) operational records;

(c) chemical waste disposal records;

(d) records of receipt and inventory of raw materials and catalysts;

(e) batch records or cards and quality control reports; and

(f) records of transfers of toxic chemicals or their precursors listed in one of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

Period of retention

(2) The documents must be kept and maintained for at least five years after the day on which they are created.

PART 8

COMING INTO FORCE

Registration

27. These Regulations come into force on the day on which they are registered.

[48-1-o]

Footnote a
S.C. 2003, c. 22, par. 224(z.16)

Footnote b
S.C. 1995, c. 25