ARCHIVED — Vol. 149, No. 3 — February 11, 2015

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Registration

SOR/2015-19 January 30, 2015

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Regulations Amending the New Substances Notification Regulations (Chemicals and Polymers) and the Export of Substances on the Export Control List Regulations

P.C. 2015-42 January 29, 2015

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 August 9, 2014, a copy of the proposed Regulations Amending the New Substances Notification Regulations (Chemicals and Polymers) and the Export of Substances on the Export Control List 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;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsections 89(1) and 102(1) of the Canadian Environmental Protection Act, 1999 (see footnote c), makes the annexed Regulations Amending the New Substances Notification Regulations (Chemicals and Polymers) and the Export of Substances on the Export Control List Regulations.

REGULATIONS AMENDING THE NEW SUBSTANCES NOTIFICATION REGULATIONS (CHEMICALS AND POLYMERS) AND THE EXPORT OF SUBSTANCES ON THE EXPORT CONTROL LIST REGULATIONS

NEW SUBSTANCES NOTIFICATION REGULATIONS (CHEMICALS AND POLYMERS)

1. (1) The definition “material safety data sheet” in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers) (see footnote 1) is repealed.

(2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

  • “safety data sheet”
    « fiche de données de sécurité »
  • “safety data sheet”, in respect of a substance, has the same meaning as in section 2 of the Hazardous Products Act.

(3) Section 1 of the Regulations is amended by adding the following after subsection (1):

Safety data sheet

(1.1) Every safety data sheet referred to in these Regulations must meet the requirements set out in the Hazardous Products Regulations.

2. The Regulations are amended by replacing “material safety data sheet” with “safety data sheet” in the following provisions:

  • (a) section 7 of Schedule 1;
  • (b) section 12 of Schedule 3;
  • (c) section 6 of Schedule 4; and
  • (d) section 12 of Schedule 9.

EXPORT OF SUBSTANCES ON THE EXPORT CONTROL LIST REGULATIONS

3. Paragraph 19(d) of the French version of the Export of Substances on the Export Control List Regulations (see footnote 2) is replaced by the following:

  • d) pour chaque exportation, une copie de l’étiquette prévue à l’article 21 et de la fiche de données de sécurité prévue à l’article 22;

4. Section 22 of the Regulations and the heading before it are replaced by the following:

SAFETY DATA SHEET

Information required

22. The exporter must include with each export of the substance, in both official languages and, as far as practicable, at least one of the official languages of the country of destination, a safety data sheet as defined in section 2 of the Hazardous Products Act that meets the requirements of the Hazardous Products Regulations in respect of the substance or, if applicable, the product that contains it.

5. Item 14 of Schedule 2 to the Regulations is replaced by the following:

14. The safety data sheet for the substance or, if applicable, for the product that contains the substance.

TRANSITIONAL PROVISIONS

6. (1) In this section, “former Regulations” means the New Substances Notification Regulations (Chemicals and Polymers) as they read immediately before the day on which these Regulations come into force.

(2) These Regulations do not apply to a person that manufactures or imports a chemical or a polymer if the person manufactures or imports it on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of sections 131, 134 and 136 of that Act, and if the person would not, were the former Regulations in force at the time, be in contravention of the former Regulations.

7. (1) In this section, “former Regulations” means the Export of Substances on the Export Control List Regulations as they read immediately before the day on which these Regulations come into force.

(2) These Regulations do not apply to an exporter if the exporter exports a substance on or after the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1 are in force, but before a day to be fixed by order of the Governor in Council for the purposes of sections 131, 134 and 136 of that Act, and if the exporter would not, were the former Regulations in force at the time, be in contravention of the former Regulations.

COMING INTO FORCE

8. These Regulations come into force on the first day on which both sections 114 and 115 of the Economic Action Plan 2014 Act, No. 1, chapter 20 of the Statutes of Canada, 2014, are in force, but if they are registered after that day, they come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2015-17, Hazardous Products Regulations.