ARCHIVED — Vol. 148, No. 9 — April 23, 2014

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Registration

SOR/2014-78 April 4, 2014

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Regulations Amending the 2-Butoxyethanol Regulations

P.C. 2014-355 April 3, 2014

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 October 9, 2010, a copy of the proposed Regulations Amending the 2-Butoxyethanol Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 (see footnote c) of that Act;

And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;

Therefore, His Excellency the Governor General in Council, pursuant to subsection 93(1) and section 319 of the Canadian Environmental Protection Act, 1999 (see footnote d), on the recommendation of the Minister of the Environment and the Minister of Health, makes the annexed Regulations Amending the 2-Butoxyethanol Regulations.

REGULATIONS AMENDING THE 2-BUTOXYETHANOL REGULATIONS

AMENDMENTS

1. (1) Paragraph 2(1)(a) of the 2-Butoxyethanol Regulations (see footnote 1) is replaced by the following:

  • (a) the product is to be diluted before it is used, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product and that product is either labelled with or accompanied by those instructions in both official languages and those instructions would not result in dilution of the product to a concentration greater than the limit set out in that column for that product; or

(2) Paragraph 2(1)(b) of the French version of the Regulations is replaced by the following:

  • b) la personne est titulaire d’un permis délivré en vertu de l’article 5 et, dans le cas où le produit doit être dilué avant utilisation, les instructions écrites du fabricant sur le mode de dilution dans les deux langues officielles doivent figurer sur l’étiquette du produit ou accompagner celui-ci.

2. (1) Paragraph 3(a) of the Regulations is replaced by the following:

  • (a) the product is to be diluted before it is used, in accordance with the manufacturer’s written instructions, to a concentration equal to or less than the limit set out in column 2 for that product and that product is either labelled with or accompanied by those instructions in both official languages and those instructions would not result in dilution of the product to a concentration greater than the limit set out in that column for that product; or

(2) Paragraph 3(b) of the French version of the Regulations is replaced by the following:

  • b) le produit a été fabriqué ou importé aux termes d’un permis délivré en vertu de l’article 5, la vente ou la mise en vente a lieu au plus tard un an après l’expiration du permis et, dans le cas où le produit doit être dilué avant utilisation, les instructions écrites du fabricant sur le mode de dilution dans les deux langues officielles doivent figurer sur l’étiquette du produit ou accompagner celui-ci.

3. (1) Subsection 4(1) of the English version of the Regulations is replaced by the following:

4. (1) Any person that imports or manufactures a product set out in column 1 of Schedule 1 whose concentration of 2-butoxyethanol exceeds the limit set out in column 2 for that product, other than a product referred to in paragraph 2(1)(a), shall hold a permit.

(2) Subsection 4(4) of the Regulations is replaced by the following:

(4) The application and certification shall be submitted in writing and shall bear the signature of the applicant or their authorized representative.

4. (1) Paragraph 5(1)(a) of the Regulations is replaced by the following:

  • (a) it is not technically or economically feasible for the applicant at the time of the application to reduce the concentration of 2-butoxyethanol in the product to the limit set out in column 2 of Schedule 1 for that product;

(2) Paragraph 5(1)(c) of the Regulations is replaced by the following:

  • (c) a plan has been prepared identifying the measures that will be taken by the applicant so that the concentration of 2-butoxyethanol in the product to be manufactured or imported will be within the limit set out in column 2 of Schedule 1 for that product; and

5. Section 7 of the Regulations is replaced by the following:

7. Any determination of the concentration of 2-butoxyethanol under these Regulations shall be conducted

  • (a) by a laboratory that is accredited by a Canadian accrediting body under the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination; or
  • (b) by a laboratory that is accredited under the Environment Quality Act, R.S.Q., c. Q-2, as amended from time to time, and the scope of whose accreditation includes the analytical method used to make the determination.

6. (1) Subsection 8(2) of the Regulations is replaced by the following:

(2) Every person that manufactures or imports a product set out in column 1 of Schedule 1 shall keep a record of the results of any analysis conducted to determine the concentration of 2-butoxyethanol in the product, either as diluted in accordance with the manufacturer’s written instructions — in the case of a product that is to be diluted — or as it is manufactured, the name and civic address of the laboratory that performed the analysis and any supporting documents related to the analysis for a period of at least five years, beginning on the date of the analysis.

(2) Subsection 8(4) of the Regulations is replaced by the following:

(4) The person shall keep the required information, certification, test results and supporting documents in writing.

7. Schedule 1 to the Regulations is amended by replacing the section references after the heading “SCHEDULE 1” with the following:

(Section 1, subsection 2(1), section 3, subsection 4(1), paragraphs 5(1)(a) and (c), subsection 8(2) and Schedule 2)

8. Footnote 1 of Schedule 1 to the Regulations is replaced by the following:

1 Does not include automobile degreasers or internal engine cleaners.

9. Section 3 of Schedule 2 to the Regulations is replaced by the following:

3. Evidence that it is not technically or economically feasible for the applicant at the time of the application to reduce the concentration of 2-butoxyethanol in the product to the limit set out in column 2 of Schedule 1 for that product.

10. Section 5 of Schedule 2 to the Regulations is replaced by the following:

5. A description of the plan prepared respecting 2-butoxyethanol identifying the measures that will be taken by the applicant so that the concentration of 2-butoxyethanol in the product to be manufactured or imported will be within the limit set out in column 2 of Schedule 1 for that product.

11. Section 8 of Schedule 2 to the Regulations is repealed.

COMING INTO FORCE

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

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

1. Issues

The substance 2-butoxyethanol is a solvent used in products such as cleaners, paints and coatings. The purpose of the 2-Butoxyethanol Regulations (the “Regulations”) is to protect the health of Canadians by limiting the concentration of 2-butoxyethanol in commercial and consumer products designed for indoor use.

The Regulations were published in the Canada Gazette, Part II, on December 27, 2006. Following this publication, the Standing Joint Committee for the Scrutiny of Regulations (the “Committee”) recommended that Environment Canada (the “Department”) address several concerns with respect to the clarity and consistency of the English and French versions of the Regulations. Since the Regulations came into force, the Department has also identified regulatory provisions that may be unclear.

2. Objectives

The intent of the Regulations Amending the 2-Butoxyethanol Regulations (the “Amendments”) is to address the administrative issues that have been raised since the Regulations were finalized. By making these Amendments to the Regulations, the Department will improve the clarity of the Regulations and address the inconsistencies between the English and French versions of the Regulations. Hence, the Amendments will facilitate understanding of the Regulations and prevent possible misinterpretation.

3. Description

Improvements to the clarity of the Regulations

The Amendments will make several administrative changes to clarify the Regulations. In particular, the Amendments will make the following key changes:

  • In paragraphs 2(1)(a) and 3(a) of the Regulations, the Amendments will specify that the manufacturer’s written instructions must not result in a dilution of the product to a concentration which is greater than the limit set out in the Regulations.
  • Subsections 4(4) and 8(4) of the Regulations currently have the following text: “in writing or in an electronic format that is compatible with the one used by the Minister [of the Environment].” The Amendments will replace this wording, since “in writing” includes all written formats.
  • The Amendments will modify subsection 8(2) of the English regulatory text to request the civic address of the laboratory used to determine the concentration of 2-butoxyethanol in products. This change will ensure consistency between the English and French regulatory texts in this subsection.
  • The Amendments will modify section 7 of the Regulations by specifying that applicable laboratories accredited under the Province of Quebec’s Environment Quality Act may perform analyses for the purposes of the Regulations. This modification will be made to clarify current business practices that are acceptable to the Department.
  • Section 8 of Schedule 2 to the Regulations, which outlines rules on confidentiality, will be repealed. Following an internal review, the information listed in this section is no longer considered to be a necessary component of the material that is required to be provided in an application for a permit.
  • To improve the clarity of the Regulations, the Amendments will modify footnote 1 of Schedule 1 to exempt internal engine cleaners since this type of commercial product is not intended to be regulated. This exemption will respond to representations from industry and provide certainty regarding the Department’s intent. Internal engine cleaning is a relatively specialized maintenance procedure that is conducted either outdoors or in maintenance garages. This type of procedure requires a trained engine service technician for installation and operation. The risk of 2-butoxyethanol exposure during internal engine cleaning in garages is diminished by the presence of exhaust capture and filtration systems.

The Amendments will make other administrative changes to clarify the Regulations, such as rewording paragraphs 2(1)(b) and 3(b) in the French version of the Regulations (e.g. replacing the word “usage” with “utilisation”).

Proposed changes to permit application requirements

The proposed version of the Amendments published in the Canada Gazette, Part I, would have modified the Regulations to specify that the Minister of the Environment can request additional information from permit applicants and refuse to issue a permit if the provided information is incomplete or insufficient. However, following an internal review, these changes are no longer considered necessary because without them, if the information provided by a permit applicant is either incomplete or insufficient, the Minister of the Environment is already able to request additional information from the applicant or refuse to issue a permit. As a result, these changes will not be incorporated into the final version of the Amendments.

Changes in response to recommendations from the Committee

In response to recommendations from the Committee, the Amendments will make additional changes to ensure consistency between the English and French versions of the Regulations, and to improve the clarity of the Regulations.

4. “One-for-One” Rule

The “One-for-One” Rule does not apply to the Amendments, since they address several concerns raised by the Committee relating to the clarity and consistency of the English and French versions of the Regulations. Also, there is no expected change in current business practices due to the Amendments; thus, there is no expected change in administrative costs incurred by business.

5. Small business lens

The small business lens does not apply to the Amendments, as the changes are meant to address the consistency and clarity of the Regulations. As a result, there are no additional costs expected to be incurred by small businesses.

6. Consultation

The Amendments will not make any substantive changes to the Regulations. Formal stakeholder consultations were therefore not held prior to publication of the proposed Amendments in the Canada Gazette, Part I, on October 9, 2010. During the public comment period of 60 days following this publication, no comments were received by the Department with respect to the proposed Amendments.

7. Rationale

The Amendments address the concerns identified by the Committee, improve the clarity of the Regulations, and ensure consistency between the English and French versions of the Regulations. Improved clarity and consistency will reduce the likelihood of misinterpretation for all stakeholders, including industry, the Canadian public and government, and will increase the likelihood that the interpretation of the regulatory provisions is consistent with the intended scope of the Regulations. The Amendments will improve the administration of the Regulations as well.

Overall, the Amendments will not result in any substantive changes to the Regulations and, consequently, will not result in any discernible incremental costs for industry, the Canadian public or government. In consideration of the benefits listed above and the negligible cost impacts, the outcome of the Amendments will be positive.

8. Implementation, enforcement and service standards

The Amendments will not alter the manner in which the Regulations are enforced. Since the Amendments will not make any substantive changes to the Regulations, they will not result in the implementation of any new programs or activities. Thus, the development of an implementation plan or service standards is not required.

9. Contacts

Astrid Télasco
Director
Products Division
Chemicals Sector Directorate
Environmental Stewardship Branch
Environment Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-0224
Fax: 819-953-3132
Email: Products.Produits@ec.gc.ca

Yves Bourassa
Director
Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Strategic Policy Branch
Environment Canada
10 Wellington Street
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-7651
Fax: 819-953-3241
Email: RAVD.DARV@ec.gc.ca