Vol. 145, No. 12 — March 19, 2011

ARCHIVED — Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program)

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring departments

Department of the Environment and Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations (the Committee) has identified a lack of clarity as well as some inconsistencies in the regulatory texts of the Solvent Degreasing Regulations, and the PCB Regulations (collectively referred to as “the two Regulations”) and has made recommendations to Environment Canada to address these issues.

The objectives of the proposed Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program) [hereinafter referred to as the proposed Amendments] are to improve the clarity and consistency of the two Regulations and align their English and French versions.

The proposed Amendments would make minor changes to the two Regulations.

Description and rationale

Discrepancies between the English and French versions of the two Regulations, including a typographical error, were noted. The proposed Amendments would make minor changes to the two Regulations to improve their clarity and consistency. The proposed Amendments would also make changes of an editorial nature to align the English and French versions of each regulatory text.

Solvent Degreasing Regulations

The proposed Amendments would

  • modify the French version of subsection 4(2) of the Solvent Degreasing Regulations by replacing the word “elle” with “il” to be consistent with the word “demandeur.”

In addition, and as a result of Environment Canada’s review, the proposed Amendments would

  • correct a typographical error in the English version of paragraph 8(b) of the Solvent Degreasing Regulations. This error would be corrected by replacing the wording “sellers’s” with “seller’s.”

PCB Regulations

The proposed Amendments would

  • repeal the definitions of “product” and “process.” This change would not modify the scope of the Regulations as both terms are already used in the Canadian Environmental Protection Act, 1999 (CEPA 1999);
  • align the French and English versions of paragraph 28(1)(d) by replacing “documents et registres” with “registres” in the French version. This change would ensure consistency with the English wording “records.” The proposed Amendments would also replace the wording “DOSSIERS” in the heading after Part 4 of the French version of the Regulations with “REGISTRES”;
  • modify the wording of the heading preceding section 43 by adding “KEEPING” after the word “RECORDS.” In addition, the proposed Amendments would align the French and English wording of the heading by replacing “DOCUMENTS ET REGISTRES” with “TENUE DE REGISTRES.” This change would add clarity and consistency with other proposed changes in sections 43 and 45;
  • modify the wording of section 43 by replacing “the following persons shall maintain records that demonstrate. . .” with “the following persons shall maintain records containing information and documents that demonstrate. . .” in the English version and by replacing “les personnes ci-après conservent les documents établissant…” with “les personnes ci-après conservent dans un registre les renseignements et les documents établissant…” in the French version. This change would clarify that the focus is on the records;
  • align the French and English versions of section 45 by replacing the wording “Toute personne qui est tenue de conserver des documents ou de tenir un registre…” with “Toute personne devant tenir un registre…” in the French version; and
  • align the French and English versions of paragraph 45(a) by replacing “…visé par le document ou le registre” with “…décrits dans le registre” in the French version.

These proposed Amendments would not change the purpose or intent of the two Regulations and would come into force on the day on which they are registered.

Consultation

Given that the proposed Amendments would improve clarity and consistency of regulatory texts, with no negative impacts on interested parties, they are not expected to raise any concerns. As a result, no formal stakeholder consultations were held. The CEPA National Advisory Committee (NAC) was consulted via a letter informing the provinces and territories about the proposed Amendments and given an offer to consult. No comments were received from CEPA NAC.

Implementation, enforcement and service standards

Since the proposed Amendments are administrative in nature, developing an implementation plan, a compliance strategy and service standards is not necessary. In addition, since the proposed Amendments would not alter the manner in which the two Regulations are implemented and enforced, no changes to the implementation plan, compliance strategy or service standards for the two Regulations are required.

Contacts

Danielle Rodrigue
Manager
Regulatory Affairs and Quality Management Systems
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-956-9460
Fax: 819-953-7682
Email: REGAFFAIRES@ec.gc.ca

Luis Leigh
Director
Regulatory Analysis and Valuation Division
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-1170
Fax: 819-997-2769
Email: luis.leigh@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Governor in Council, pursuant to subsection 93(1) of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program).

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent by mail to Danielle Rodrigue, Manager, Regulatory Affairs and Quality Management Systems, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-953-7682 or by email to REGAFFAIRES@ ec.gc.ca.

A person who provides information to the Minister of the Environment may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, March 10, 2011

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER SUBSECTION 93(1) OF THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 (MISCELLANEOUS PROGRAM)

SOLVENT DEGREASING REGULATIONS

1. Subsection 4(2) of the French version of the Solvent Degreasing Regulations (see footnote 1) is amended by replacing “elle” with “il”.

2. Paragraph 8(b) of the English version of the Regulations is amended by replacing “sellers’s” with “seller’s”.

PCB REGULATIONS

3. The definitions “process” and “product” in subsection 1(1) of the PCB Regulations (see footnote 2) are repealed.

4. Paragraph 28(1)(d) of the French version of the Regulations is replaced by the following:

d) conserve au dépôt une copie des registres visés aux articles 43 et 44 et en rend une facilement accessible au service d’incendie local ou, à défaut, au fonctionnaire local nommé par le commissaire provincial aux incendies ou à toute autre autorité locale chargée de la protection contre les incendies;

5. The heading of Part 4 of the French version of the Regulations is amended by replacing “DOSSIERS” with “REGISTRES”.

6. The heading before section 43 of the Regulations is replaced by the following:

RECORD KEEPING

7. The portion of section 43 of the Regulations before paragraph (a) is replaced by the following:

Records for permitted activities

43. The following persons shall maintain records containing information and documents that demonstrate that they manufacture, process, use, sell, offer for sale, store, import or export PCBs or products containing PCBs in accordance with the Act and these Regulations:

8. The portion of section 45 of the French version of the Regulations before paragraph (b) is replaced by the following:

Conservation des registres

45. Toute personne devant tenir un registre en application des articles 43 et 44 le conserve à son établissement principal au Canada ou à l’établissement où l’activité est exercée pendant au moins cinq ans après :

a) dans le cas du propriétaire de BPC ou de produits qui en contiennent ou du propriétaire ou de l’exploitant d’un dépôt de BPC où sont stockés des BPC ou des produits qui en contiennent, la date de destruction des BPC ou des produits qui en contiennent décrits dans le registre;

COMING INTO FORCE

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

[12-1-o]

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

Footnote b
S.C. 1999, c. 33

Footnote 1
SOR/2003-283

Footnote 2
SOR/2008-273