Prohibition of Certain Toxic Substances Regulations, 2012
P.C. 2012-1714 December 13, 2012
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 23, 2011, a copy of the proposed Prohibition of Certain Toxic Substances Regulations, 2012, 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, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) of the Canadian Environmental Protection Act, 1999 (see footnote d), makes the annexed Prohibition of Certain Toxic Substances Regulations, 2012.
PROHIBITION OF CERTAIN TOXIC SUBSTANCES REGULATIONS, 2012
APPLICATION
Application
1. Subject to sections 2 and 3, these Regulations apply to toxic substances that are both specified in the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999 and set out in either Schedule 1 or 2 to these Regulations.
Non-application — substance
2. These Regulations do not apply to any toxic substance that
(a) is contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies;
(b) is contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; or
(c) is present as a contaminant in a chemical feedstock that is used in a process from which there are no releases of the toxic substance and on the condition that the toxic substance is destroyed or completely converted in that process to a substance that is not a toxic substance set out in either Schedule 1 or 2.
Non-application — use
3. (1) These Regulations, except for subsections (2) to (4), do not apply to any toxic substance or to any product containing it that is to be used in a laboratory for analysis, in scientific research or as a laboratory analytical standard.
Information to Minister — more than 10 g
(2) Every person must submit to the Minister in any calendar year the information set out in Schedule 3 for each toxic substance or a product containing it that they intend to use for a purpose referred to in subsection (1) as soon as feasible before the use of more than 10 g of the substance in that calendar year. The information must be submitted only once in a calendar year in respect of each substance or product.
On-going use
(3) Any person that, on the day on which these Regulations come into force, is using a toxic substance or product referred to in subsection (1) for a purpose referred to in that subsection must, if the quantity of the toxic substance used, by itself or in a product, exceeded 10 g in the calendar year of the coming into force of these Regulations, submit to the Minister, within 60 days after the day on which these Regulations come into force, the information referred to in Schedule 3. The information must be submitted only once in a calendar year in respect of each substance or product.
Addition of substance
(4) If, after the coming into force of these Regulations, a toxic substance is added to Schedule 1 or 2, any person that, on the day on which the Regulations adding the toxic substance come into force, is using the toxic substance or a product containing it for a purpose referred to in subsection (1) must, if the quantity of the toxic substance used, by itself or in a product, exceeded 10 g in the calendar year of the coming into force of the Regulations adding the toxic substance, submit to the Minister, within 60 days after the day on which those Regulations come into force, the information referred to in Schedule 3. The information must be submitted only once in a calendar year in respect of each substance or product.
PROHIBITIONS AND PERMITTED ACTIVITIES
Toxic substance — Schedule 1
4. (1) Subject to sections 5 and 9, a person must not manufacture, use, sell, offer for sale or import a toxic substance set out in Schedule 1 or a product containing it unless the toxic substance is incidentally present.
Non application
(2) Subsection (1) does not apply to a product that is a manufactured item that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design, if a toxic substance set out in Part 2 of Schedule 1 is present in that product.
Exception — manufactured or imported before coming into force
5. A person may use, sell, or offer for sale a product containing a toxic substance set out in item 11 or 12 of Part 1 of Schedule 1 if the product is manufactured or imported before the day on which these Regulations come into force.
Toxic substance — Schedule 2
6. (1) Subject to subsections (2) and (4) and sections 7 and 9, a person must not manufacture, use, sell, offer for sale or import a toxic substance set out in column 1 of Part 1, 2 or 3 of Schedule 2 or a product containing it unless the toxic substance is incidentally present.
Permitted activities — Schedule 2
(2) The prohibition to manufacture, use, sell, offer for sale or import a toxic substance set out in column 1 of Part 1, 2 or 3 of Schedule 2 or a product containing it does not apply if
(a) the toxic substance set out in column 1 of Part 1 of Schedule 2 or a product containing it, other than a substance or product set out in item 3 or 4, is designed for a use set out in column 2;
(b) the toxic substance set out in column 1 of Part 2 of Schedule 2 or a product containing it is designed for a use set out in column 2 and that activity occurs before the date set out in column 3; or
(c) a product set out in column 2 of Part 3 of Schedule 2 containing the toxic substance set out in column 1 in a concentration less than or equal to that set out in column 3 including any incidental presence of the substance.
Exception — incidental presence
(3) For greater certainty, the exception of the incidental presence referred to in subsection (1) does not apply in the case of a product described in paragraph (2)(c).
