ARCHIVED — Vol. 146, No. 19 — September 12, 2012

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Registration

SOR/2012-164 August 22, 2012

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999

Whereas, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), the Minister of the Environment published in the Canada Gazette, Part Ⅰ, on July 30, 2011, a copy of the proposed Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Order or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Therefore, the Minister of the Environment and the Minister of Health, pursuant to section 100 of the Canadian Environmental Protection Act, 1999 (see footnote c), hereby make the annexed Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999.

Ottawa, August 16, 2012

PETER KENT
Minister of the Environment

Ottawa, August 16, 2012

LEONA AGLUKKAQ
Minister of Health

ORDER AMENDING SCHEDULE 3 TO THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

AMENDMENTS

1. Item 1 of Part 1 of Schedule 3 to the Canadian Environmental Protection Act, 1999 (see footnote 1) is replaced by the following:

1. Mirex (Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane) (Chemical Abstracts Service (hereinafter “CAS”) 2385-85-5)

2. Items 4 to 11 of Part 1 of Schedule 3 to the Act are replaced by the following:

4. Alachlor (2-chloro-2′, 6′-diethyl-N-methoxymethyl acetanilide) (CAS 15972-60-8)

5. Leptophos (O-(4-bromo-2,5-dichlorophenyl) O-methylphenylphosphonothioate) (CAS 21609-90-5)

6. Phosphamidon (2-chloro-2-diethylcarbamoyl-1-methylvinyl dimethyl phosphate) (CAS 13171-21-6)

7. Cyhexatin (tricyclohexyltin hydroxide) (CAS 13121-70-5)

8. 2,3,4,5-bis(2-butylene)tetrahydro-2-furfural (CAS 126-15-8)

9. Bis(chloromethyl) ether that has the molecular formula C2H4Cl2O (CAS 542-88-1)

10. Chloromethyl methyl ether that has the molecular formula C2H5ClO (CAS 107-30-2)

11. (4-Chlorophenyl)cyclopropylmethanone, O-[(4-nitrophenyl)methyl]oxime that has the molecular formula C17H15ClN2O3 (CAS 94097-88-8)

12. Chlordecone (CAS 143-50-0)

13. Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-exo-1,4-exo-5,8-dimethanonaphthalene) (CAS 72-20-8)

14. Toxaphene (CAS 8001-35-2)

15. Alpha-HCH (CAS 319-84-6)

16. Beta-HCH (CAS 319-85-7)

3. Item 1 of Part 2 of Schedule 3 to the Act is replaced by the following:

1. 2,4,5-T and its salts and esters

4. Item 9 of Part 2 of Schedule 3 to the Act is replaced by the following:

9. Dinoseb and its salts and esters

5. Item 12 of Part 2 of Schedule 3 to the Act is repealed.

6. Items 17 and 18 of Part 2 of Schedule 3 to the Act are replaced by the following:

17. Pentachlorophenol and its salts and esters

18. Monocrotophos (CAS 6923-22-4)

7. Items 20 and 21 of Part 2 of Schedule 3 to the Act are replaced by the following:

20. Emulsifiable concentrates containing methyl parathion at or above 19.5% and dusts containing methyl parathion at or above 1.5% (CAS 298-00-0)

21. Parathion (CAS 56-38-2)

8. Item 25 of Part 2 of Schedule 3 to the Act is repealed.

9. Part 2 of Schedule 3 to the Act is amended by adding the following after item 28:

29. Dinitro-ortho-cresol (DNOC) and its salts (CAS 534-52-1; CAS 2980-64-5; CAS 5787-96-2; CAS 2312-76-7)

30. Dustable powder formulations containing a combination of benomyl at or above 7% (CAS 17804-35-2), carbofuran at or above 10% (CAS 1563-66-2) and thiram at or above 15% (CAS 137-26-8)

31. All tributyltin compounds, including:

  • (a) Tributyltin oxide (CAS 56-35-9)

  • (b) Tributyltin fluoride (CAS 1983-10-4)

  • (c) Tributyltin methacrylate (CAS 2155-70-6)

  • (d) Tributyltin benzoate (CAS 4342-36-3)

  • (e) Tributyltin chloride (CAS 1461-22-9)

  • (f) Tributyltin linoleate (CAS 24124-25-2)

  • (g) Tributyltin naphthenate (CAS 85409-17-2)

32. Tetraethyl lead (CAS 78-00-2)

33. Tetramethyl lead (CAS 75-74-1)

10. Items 1 to 15 of Part 3 of Schedule 3 to the Act are replaced by the following:

1. Chlorofluorocarbon: totally halogenated chlorofluorocarbons that have the molecular formula CnClxF(2n+2-x) where “n” is less than or equal to 3 and “x” is greater than or equal to 1 and less than “2n+2” and also represents the number of atoms

2. Allyl alcohol (2-propen-1-ol) (CAS 107-18-6)

3. Carbon tetrachloride (tetrachloromethane) (CAS 56-23-5)

4. DBCP (1,2-dibromo-3-chloropropane) (CAS 96-12-8)

5. Lead arsenate, which has the molecular formula PbHAsO4, and its basic form, which has the molecular formula Pb4(PbOH)(AsO4)3 (CAS 7784-40-9; CAS 1327-31-7)

6. Strychnine (CAS 57-24-9)

7. Bromochlorodifluoromethane that has the molecular formula CF2BrCl (CAS 353-59-3)

8. Bromotrifluoromethane that has the molecular formula CF3Br (CAS 75-63-8)

9. Dibromotetrafluoroethane that has the molecular formula C2F4Br2 (CAS 124-73-2)

10. Tributyltetradecylphosphonium chloride (CAS 81741-28-8)

11. Benzidine and benzidine dihydrochloride, which have the molecular formulas C12H12N2 and C12H12N2×2HCl, respectively (CAS 92-87-5; CAS 531-85-1)

12. 2-Methoxyethanol, which has the molecular formula C3H8O2 (CAS 109-86-4)

13. Pentachlorobenzene, which has the molecular formula C6HCl5 (CAS 608-93-5)

14. Tetrachlorobenzenes, which have the molecular formula C6H2Cl4 (CAS 12408-10-5; CAS 84713-12-2; CAS 634-90-2; CAS 634-66-2; CAS 95-94-3)

15. Perfluorooctane sulfonate and its salts

16. Compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N

17. Azinphos-methyl (CAS 86-50-0)

18. Phorate (CAS 298-02-2)

19. Terbufos (CAS 13071-79-9)

COMING INTO FORCE

11. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

1. Background

The Export Control List (ECL) is a list of substances whose exports are controlled because their use in Canada is prohibited or restricted, or because Canada has accepted to control the export under the terms of an international agreement (for example, the Rotterdam Convention). Section 100 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) provides the ministers of the Environment and of Health with the authority to add or delete substances from the ECL by order and these amendments are published in the Canada Gazette.

Two regulations apply to exports of substances listed on the ECL:

  • The Export Control List NotificationRegulations (ECLN Regulations) describe the manner in which to notify the Minister of exports of all substances listed in the ECL.
  • The Export of Substances Under the Rotterdam Convention Regulations (ESURC Regulations) apply to exports of substances on the ECL, destined to another Party to the Rotterdam Convention. (see footnote 2) The main purpose of these Regulations is to ensure that substances on the ECL, subject to the Prior Informed Consent (PIC) procedure, are not exported to Parties to the Convention, unless the importing Party has provided prior consent to the shipment.
  • In August 2011, the Government of Canada proposed that these two regulations be repealed and replaced by the Export of Substances on the Export Control List Regulations. This new instrument would merge, revise, and streamline the above Regulations and would introduce new provisions to allow Canada to deliver more effectively on export-related commitments made under the Stockholm Convention. (see footnote 3) These new provisions relative to the Stockholm Convention will apply to substances on Part 2 or Part 3 of the ECL which are also listed in Annex A or Annex B of the Stockholm Convention.

Rotterdam Convention

The Rotterdam Convention, which entered into force in February 2004, establishes a list of substances (Annex III) that have been banned or severely restricted by some Rotterdam Parties for health and/or environmental reasons. The Convention facilitates information exchange between Parties in which the “prior informed consent” of the importing Party is required prior to export of these substances. This Convention also requires “export notification” through which the exporting Party is obligated to notify and send information to the importing party when exporting a substance subject to domestic prohibition or restriction on use.

The Stockholm Convention

The Stockholm Convention on Persistent Organic Pollutants (POPs) is a global treaty to protect human health and the environment from highly dangerous, long-lasting chemicals by restricting and ultimately eliminating their production, use, trade, release and storage. The Convention restricts exports to Parties as well as non-Parties, allowing exports of the persistent organic pollutants under very select circumstances. Annex A of the Convention lists substances categorized for elimination while Annex B of the Convention lists substances categorized for restriction.

2. Issue

Canada has committed to shared responsibility and cooperative efforts to address the international trade of chemicals and pesticides. The ECL in Schedule 3 to CEPA 1999 and the associated regulations help Canada to meet its international obligations. (see footnote 4) The Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the Order) makes several necessary additions and modifications to the ECL. The Order updates the ECL with new substances and groups of substances recently added to Annex III of the Rotterdam Convention and also adds new substances to the ECL that have recently been banned or restricted in Canada under domestic controls. Some of these substances have also recently been added to the Stockholm Convention.

3. Objectives

The objective of the Order is to amend the ECL to ensure Canada’s continued compliance with its international obligations under the Rotterdam Convention and to support the implementation of the Stockholm Convention. Further modifications will provide greater clarity and reference for exporters.

Under a separate regulatory track, Environment Canada plans to revise the existing regulations which control exports of ECL substances to include provisions relating to the Stockholm Convention. This would ensure that exports of substances subject to the Stockholm Convention are appropriately controlled.

4. Description

The Order makes several additions and modifications to the Export Control List. Substances listed to the ECL are grouped in three parts:

  • Part 1 includes substances whose use is prohibited in Canada. Under the authority of CEPA 1999, these substances can only be exported under very limited circumstances (such as for destruction).
  • Part 2 includes substances for which notification or consent for export is required pursuant to an international agreement. These substances are subject to the Prior Informed Consent (PIC) procedure of the Rotterdam Convention, which is an international convention promoting shared responsibility and cooperative efforts amongst Parties in the international trade of certain hazardous chemicals.
  • Part 3 includes substances whose use is restricted in Canada. An example of these substances is tributyltetradecylphosphonium chloride. These substances can be exported subject to the Minister being notified in advance.

The Order adds the following five substances to Part 1 of the ECL. The use of these substances is prohibited in Canada:

  • Chlordecone (Chemical Abstracts Service [CAS] registry number (see footnote 5)143-50-0);
  • Endrin (1,2,3,4,10,10-hexachloro-6,7-epoxy-1,4,4a,5,6,7,8, 8a-octahydro-exo-1,4-exo-5,8-dimethanonaphthalene) [CAS 72-20-8];
  • Toxaphene (CAS 8001-35-2);
  • Alpha-HCH (CAS 319-84-6); and
  • Beta-HCH (CAS 319-85-7).

The current listings for endrin (Part 3, item 7), toxaphene (Part 2, item 25), and the HCH isomers (Part 2, item 12) are repealed from Part 3 and Part 2 respectively upon their addition to Part 1 of the ECL. All of these substances are listed in Annex A of the Stockholm Convention.

The Order adds the following three groups of substances, which have been added to Annex III to the Rotterdam Convention, to Part 2 of the ECL:

  • Dinitro-ortho-cresol (DNOC) and its salts (CAS 534-52-1; CAS 2980-64-5; CAS 5787-96-2; CAS 2312-76-7);
  • Dustable powder formulations containing a combination of benomyl at or above 7% (CAS 17804-35-2), carbofuran at or above 10% (CAS 1563-66-2) and thiram at or above 15% (CAS 137-26-8); and
  • All tributyltin compounds, including
    1. Tributyltin oxide (CAS 56-35-9);
    2. Tributyltin fluoride (CAS 1983-10-4);
    3. Tributyltin methacrylate (CAS 2155-70-6);
    4. Tributyltin benzoate (CAS 4342-36-3);
    5. Tributyltin chloride (CAS 1461-22-9);
    6. Tributyltin linoleate (CAS 24124-25-2); and
    7. Tributyltin naphthenate (CAS 85409-17-2).

Two substances are added to Part 2 of the ECL and therefore deleted from Part 3 because of a recent amendment to Annex III to the Rotterdam Convention:

  • Tetraethyl lead (CAS 78-00-2); and
  • Tetramethyl lead (CAS 75-74-1).

The Order adds nine substances or groups of substances to Part 3 of the ECL. These substances qualify for addition to Part 3 because there are controls placed on them in Canada which restrict their use:

  • Benzidine and benzidine dihydrochloride, which have the molecular formulas C12H12N2 and C12H12N2×2HCl, respectively (CAS 92-87-5; CAS 531-85-1);
  • 2-Methoxyethanol, which has the molecular formula C3H8O2 (CAS 109-86-4);
  • Pentachlorobenzene, which has the molecular formula C6HCl5 (CAS 608-93-5); (see footnote 6)
  • Tetrachlorobenzenes, which have the molecular formula C6H2Cl4 (CAS 12408-10-5; CAS 84713-12-2; CAS 634-90-2; CAS 634-66-2; CAS 95-94-3);
  • Perfluorooctane sulfonate (PFOS) and its salts; (see footnote 7)
  • Compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N;
  • Azinphos-methyl (CAS 86-50-0);
  • Phorate (CAS 298-02-2); and
  • Terbufos (CAS 13071-79-9).

Aside from additions, the Order modifies the ECL to ensure CAS registry numbers appear in the descriptions of all substances listed in all parts of the ECL (where applicable). CAS registry numbers are unique numerical identifiers and their inclusion within substance descriptions will provide exporters with an additional means of identifying substances.

Finally, the Order amends the descriptions of certain substances currently listed in Part 2 of the ECL. The changes harmonize the descriptions of these substances with those listed in Annex III of the Rotterdam Convention. Specifically, the Order does the following:

  • Replace “2,4,5-T (CAS 93-76-5)” (item 1) with “2,4,5-T and its salts and esters”;
  • Replace “Dinoseb and dinoseb salts (CAS 88-85-7)” (item 9) with “Dinoseb and its salts and esters”;
  • Replace “Pentachlorophenol (CAS 87-86-5)” (item 17) with “Pentachlorophenol and its salts and esters”;
  • Replace “Monocrotophos (Soluble liquid formulations of the substance that exceed 600 g active ingredient/L) (CAS 6923-22-4)” (item 18) with “Monocrotophos (CAS 6923-22-4)”;
  • Replace “Methyl-parathion (emulsifiable concentrates (EC) with 19.5%, 40%, 50%, 60% active ingredient and dusts containing 1.5%, 2% and 3% active ingredient) (CAS 298-00-0)” (item 20) with “Emulsifiable concentrates containing methyl parathion at or above 19.5% and dusts containing methyl parathion at or above 1.5% (CAS 298-00-0)”; and
  • Replace “Parathion (all formulations — aerosols, dustable powder (DP), emulsifiable concentrate (EC), granules (GR) and wettable powders (WP) — of this substance are included, except capsule suspensions (CS)) (CAS 56-38-2)” (item 21) with “Parathion (CAS 56-38-2).”

5. Consultation

Consultations after the publication of the proposed Order in the Canada Gazette, Part Ⅰ

A 75-day consultation was conducted through publication in the Canada Gazette, Part Ⅰ, from July 30, 2011, through October 13, 2011. Identified stakeholders with known activities relating to the substances were targeted with direct mailings for this consultation to inform them and provide them with the opportunity to comment. Comments werereceived during the Part Ⅰ comment period from an environmental non-governmental organization. One comment recommended that some of the substances added by this Order, which are also listed to the Stockholm Convention, be listed on Part 1 of the ECL where greater restrictions would apply to their export. Another comment recommended the possible addition of other substances to the ECL.

Environment Canada’s response is that the addition of substances on the ECL is prescribed by section 100 of CEPA 1999 on the basis of domestic controls and the international conventions which pertain to these substances. The concern with respect to the placement of certain substances on the ECL is addressed by the proposed Export of Substances on the Export Control List Regulations. These proposed Regulations would ensure appropriate restrictions apply to the export of these substances in accordance with Canada’s obligations under the Stockholm Convention.

6. Rationale

The addition of these substances to the ECL is an effective means of ensuring Canada’s continued compliance with its international obligations under the Rotterdam Convention, and to support implementation of the Stockholm Convention. To ensure a controlled substance is exported in accordance with Canada’s obligations, it must be listed to the ECL. There is no other existing option for compliance.

Consultations with stakeholders did not identify any concerns about the additions of these substances to the ECL or about the associated export obligations. There are currently no known exports of these substances as many of them are already prohibited or restricted in Canada. Consequently, the small business lens was not applied as the expected impacts of the Order do not meet the threshold requirements in terms of additional administrative or compliance burden. Also, the “One-for-One” Rule does not apply as the Order is not expected to result in any incremental administrative burden on business. The impacts of the Order are estimated to be small in magnitude and are discussed qualitatively below.

Industry

Substances on the ECL are subject to domestic regulations controlling their export. However, there are no known exports from Canada of the 15 substances or groups of substances being listed to the ECL by this Order. Administrative costs for export permit applications and export notifications are estimated to be zero in the absence of exports of these controlled substances.

Competitiveness

The Order is not expected to decrease competitiveness for any regulatee or sector. While there are currently no known exports of these listed substances, exports could occur subject to the requirements of the applicable regulations. In fact, the Order may improve the competitiveness of regulatees using safe alternatives by confirming Canada’s adherence to its international agreements regarding the international trade of toxic substances.

Government

The cost to Government of the Order is negligible. Additional resources to administer and enforce the regulations which are linked to the ECL are not expected as a result of the Order. Administrative costs for export permit application and processing of export notifications are estimated to be zero in the absence of exports of these controlled substances.

Canadians

The Order will benefit Canadians by allowing Canada to remain in good standing with its international export commitments under the Rotterdam Convention. Canada’s participation in this international convention provides benefits to Canadians by ensuring that substances in international trade are used in an environmentally sound manner which reduces damage to the global and domestic environment and ecosystems.

7. Contacts

Bernard Madé
Director
Chemical Production Division
Environment Canada
200 Sacré-Coeur Boulevard, 3rd Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-994-4404
Fax: 819-994-5030
Email: Bernard.Made@ec.gc.ca

Brenda Tang
Acting Director
Regulatory Analysis and Valuation Division
Environment Canada
10 Wellington Street, 25th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-997-5755
Fax: 819-953-3241
Email: Brenda.Tang@ec.gc.ca

Footnote a
S.C. 2004, c. 15, s. 31

Footnote b
S.C. 1999, c. 33

Footnote c
S.C. 1999, c. 33

Footnote 1
S.C. 1999, c. 33

Footnote 2
The full title of the Convention is the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.

Footnote 3
The full title of the Convention is the Stockholm Convention on Persistent Organic Pollutants.

Footnote 4
The Export Control List Notification Regulations and the Export of Substances Under the Rotterdam Convention Regulations.

Footnote 5
CAS RN: Chemical Abstracts Service registry number. Registry numbers are unique numerical identifiers of the Chemical Abstracts Service, property of the American Chemical Society.

Footnote 6
Pentachlorobenzene is listed in Annex A of the Stockholm Convention.

Footnote 7
Perfluorooctane sulfonate, its salts and perfluorooctane sulfonyl fluoride (contains the group C8F17SO2) are listed in Annex B of the Stockholm Convention.