SOR/2012-285201212
14
202512
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CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999Prohibition of Certain Toxic Substances Regulations, 2012P.C.2012-1714201212
13
Whereas, pursuant to subsection 332(1)a of the Canadian Environmental Protection Act, 1999b, 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 6c 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, 1999b, makes the annexed Prohibition of Certain Toxic Substances Regulations, 2012.S.C. 2004, c. 15, s. 31S.C. 1999, c. 33S.C. 2002, c. 7, s. 124Application
ApplicationSubject 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 — substanceThese Regulations do not apply to any toxic substance thatis 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;is contained in a pest control product as defined in subsection 2(1) of the Pest Control Products Act; oris 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 — useThese Regulations, except for subsections (2) and (3), 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 gEvery 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, by itself or in a product, in that calendar year. The information must be submitted only once in a calendar year in respect of each substance or product.Added substance — Schedule 2.1Any person that is using a toxic substance set out in column 1 of Schedule 2.1 or a product containing it on the date set out in column 2 in respect of that substance, 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 in which that day occurs, submit to the Minister, within 60 days after that day, 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.SOR/2016-252, s. 1
Prohibitions and Permitted Activities
Toxic substance — Schedule 1Subject 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 applicationSubsection (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.Non-application — certain productsSubsection (1) does not apply to products other than those set out in column 2 of Part 3 of Schedule 1 that contain the toxic substance set out in column 1 of that Part.SOR/2016-252, s. 2
Exception — inventory of substanceA person may use, sell or offer for sale a toxic substance set out in item 13 of Part 1 of Schedule 1 that was manufactured or imported before January 1, 2017.Exception — inventory of productsA person may use, sell, or offer for sale any product set out in column 2 of Part 3 of Schedule 1 that contains a toxic substance set out in item 13 of Part 1 of Schedule 1 if the product was manufactured or imported before January 1, 2017.SOR/2016-252, s. 3
Exception — manufactured or imported before March 14, 2013A 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 was manufactured or imported before March 14, 2013.Exception — manufactured or imported before coming into force of subsectionA person may use, sell or offer for sale a product containing the toxic substance set out in item 5 of Part 2 of Schedule 1, with the molecular formula C12H(10-n)BrnO in which n=10, if the product was manufactured or imported before the day on which this subsection comes into force.SOR/2016-252, s. 4
Toxic substance — Schedule 2Subject to subsections (2) to (2.5) 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, 1.1, 1.2, 2, 3 or 3.1 of Schedule 2 or a product containing it unless the toxic substance is incidentally present.Permitted activities — Schedule 2The 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 ifthe toxic substance set out in column 1 of Part 1 of Schedule 2 or the product containing it is designed for a use set out in column 2 in respect of that substance;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; ora product set out in column 2 of Part 3 of Schedule 2 contains 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.Permitted use and import — Part 1.1 of Schedule 2The prohibition to use or import a product containing a toxic substance set out in column 1 of item 1 of Part 1.1 of Schedule 2 does not apply to a product set out in column 2 of that item that contains that substance.Permitted activities — Part 1.1 of Schedule 2The prohibition to use, sell, offer for sale or import a product containing a toxic substance set out in column 1 of any of items 2 to 5 of Part 1.1 of Schedule 2 does not apply to a product set out in column 2 of those items that contains that substance.Permitted use — Part 1.2 of Schedule 2The prohibition to use a product containing a toxic substance set out in column 1 of Part 1.2 of Schedule 2 does not apply to a product set out in column 2 that contains that substance.Non-application — manufactured itemsThe prohibition to use, sell, offer for sale or import a product containing a toxic substance set out in column 1 of any of items 2 to 5 of Part 2 of Schedule 2 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.Permitted use — Part 3.1 of Schedule 2The prohibition to use a product containing a toxic substance set out in column 1 of Part 3.1 of Schedule 2 does not apply to a product set out in column 2 that contains the substance in a concentration less than or equal to that set out in column 3, including any incidental presence of the substance.Exception — incidental presenceFor 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).Exception — personal useSubsection (1) does not apply to the use or import of a product containing a toxic substance set out in column 1 of Part 2 of Schedule 2 if the product is used or intended to be used for a personal use.[Repealed, SOR/2016-252, s. 5]SOR/2016-252, s. 5
Exception — temporary permitted usesA person may use, sell, or offer for sale a product set out in column 2 of Part 2 of Schedule 2 containing a toxic substance set out in column 1 of Part 2 of Schedule 2 if the product is manufactured or imported before the expiry date set out in column 3 of Schedule 2.Exception — productsA person may use, sell or offer for sale a productcontaining a toxic substance that is set out in any of items 2 to 5 of Part 2 of Schedule 2, if the product was manufactured or imported before the coming into force of this subsection; orcontaining a toxic substance that is set out in item 2 of Part 3 of Schedule 2, if the product was manufactured or imported before March 14, 2013.Exception — manufactured itemsA person may use, sell or offer for sale a product that was manufactured or imported before May 29, 2008 and that contains the toxic substance set out in item 1 of Part 3.1 of Schedule 2 if the product is a manufactured item that was 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.SOR/2016-252, s. 6
Exception — manufacture or import under permitA person may use, sell or offer for sale a toxic substance or a product containing it, if the substance or the product is manufactured or imported in accordance with a permit that is issued under section 10.
PermitsApplication
Requirement for permitAny person that, on March 14, 2013, is a manufacturer or importer of a toxic substance or a product containing it that is prohibited under section 4 or 6 may continue to manufacture or import the substance or product if they have been issued a permit under section 10.Addition of substanceSubject to subsection (3), in the case of a toxic substance that, after March 14, 2013, is either added to Schedule 1 and prohibited under section 4 — other than the toxic substance set out in item 13 of Part 1 of Schedule 1 — or added to Schedule 2 and prohibited under section 6, any person that is a manufacturer or importer of the toxic substance or a product containing it on the date set out in column 2 of Schedule 2.1 in respect of that substance may continue to manufacture or import the substance or a product containing it if they have been issued a permit under section 10.Temporary permitted usesAny person that, under paragraph 6(2)(b), manufactures or imports a toxic substance that is set out in Part 2 of Schedule 2 or a product containing it on the date set out in column 3 in respect of that substance may continue that activity if they have been issued a permit under section 10.Required informationAn application for a permit must be submitted to the Minister and contain the information referred to in Schedule 4.SOR/2016-252, s. 7; SOR/2017-247, s. 1
Conditions of Issuance
IssuanceSubject to subsection (2), the Minister must issue the permit if the following conditions are met:there is no technically or economically feasible alternative or substitute available to the applicant at the time of the application, other than a substance regulated under these Regulations, for the toxic substance;the applicant has taken the necessary measures to minimize or eliminate any harmful effect of the toxic substance on the environment and human health; anda plan has been prepared respecting the toxic substance identifying the measures that will be taken by the applicant to comply with these Regulations, and the period within which the plan is to be implemented does not exceed three years after the day on which a permit is first issued to the applicant.Grounds for refusing permitThe Minister must refuse to issue a permit ifthe Minister has reasonable grounds to believe that the applicant has provided false or misleading information in support of their application; orinformation required under subsection 9(4) has not been provided or is insufficient to enable the Minister to process the application.Expiry and permit renewalA permit expires 12 months after the day on which it is issued unless, at least 30 days before the day on which the permit expires, the applicant submits an application for renewal to the Minister that contains the information referred to in Schedule 4.Limits on renewalA permit may only be renewed twice and subsections (1) and (2) apply to any renewal.SOR/2016-252, s. 8
Revocation
RevocationThe Minister must revoke a permit if the conditions set out in paragraphs 10(1)(a) to (c) are no longer met or if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister.Conditions for revocationThe Minister must not revoke a permit unless the Minister has provided the permit holder withwritten reasons for the revocation; andan opportunity to be heard, by written representation, in respect of the revocation.
Annual Reports
Certain substancesEvery person that manufactures or imports a toxic substance set out in column 1 of Part 4 of Schedule 2 or a product containing it, whether incidentally or not, must submit to the Minister a report that contains the information referred to in Schedule 5 by March 31 following the end of the calendar year during which either the toxic substance or a product containing it was manufactured or imported if, in that yearthe total annual quantity of the toxic substance manufactured or imported was equal to or greater than that set out in column 2, if any;the product imported contained the toxic substance in an annual weighted average concentration equal to or greater than that set out in column 3, if any; orthe total annual quantity of the toxic substance contained in a product manufactured or imported and its annual weighted average concentration in the product were equal to or greater than those set out in column 4, if any.SOR/2016-252, s. 9(F)
Accredited Laboratory
Accredited laboratoryAny analysis performed to determine the concentration of a toxic substance for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:it is accreditedunder the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, orunder the Environment Quality Act, CQLR, c. Q-2; andsubject to subsection (2), the scope of its accreditation includes the analysis performed to determine the concentration of the toxic substance.Standards of good practiceIf no method has been recognized by a standards development organization in respect of the analysis performed to determine the concentration of the toxic substance and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.SOR/2016-252, s. 10SOR/2021-42, s. 4
Presentation of Information
CertificationAny information or an application for a permit required to be submitted to the Minister under these Regulations must bear the signature of the interested person or their authorized representative and be accompanied by a certification dated and signed by the interested person or the person authorized to act on their behalf, stating that the information is accurate and complete.Writing or electronic formatThe information, application for a permit and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.
Record Keeping
RecordsEvery person that submits information to the Minister under these Regulations must keep a record containing a copy of that information, a copy of the certification and any documents supporting the information, including test data if applicable, for a period of at least five years beginning on the date of the submission of the information.LocationThe records must be kept at the person’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where the records can be inspected.Records movedIf the records are moved, the person must notify the Minister, in writing, of the civic address of the new location within 30 days after the day of the move.SOR/2016-252, s. 11
Transitional
Activities prohibited under repealed regulationsA permit must not be obtained under these Regulations for an activity that is prohibited under the Prohibition of Certain Toxic Substances Regulations, 2005, the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations or the Polybrominated Diphenyl Ethers Regulations.SOR/2016-252, s. 12
Repeal
[Repeal]
Coming into Force
Three months after registrationThese Regulations come into force three months after the day on which they are registered.
(Sections 1 to 5 and 9 and Schedule 3)(Sections 1 and 2 and subsections 4(1), 4.1(1) and (2) and 5(1))Prohibited Toxic SubstancesItemToxic Substance1Dodecachloropentacyclo [5.3.0.02,6.03,9.04,8] decane (Mirex)2Polybrominated Biphenyls that have the molecular formula C12H(10-n)Brn in which “n” is greater than 23Polychlorinated Terphenyls that have the molecular formula C18H(14-n)Cln in which “n” is greater than 24Bis(chloromethyl) ether that has the molecular formula C2H4Cl2O5Chloromethyl methyl ether that has the molecular formula C2H5ClO6(4-Chlorophenyl) cyclopropylmethanone, O-[(4-nitrophenyl)methyl] oxime that has the molecular formula C17H15ClN2O37N-Nitrosodimethylamine, which has the molecular formula C2H6N2O8Hexachlorobutadiene, which has the molecular formula C4Cl69Dichlorodiphenyltrichloroethane (DDT), which has the molecular formula C14H9Cl510Hexachlorobenzene11Polychlorinated naphthalenes, which have the molecular formula C10H8-nCln in which “n” is greater than 112Chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 10 ≤ n ≤ 1313Hexabromocyclododecane, which has the molecular formula C12H18Br6
(Sections 1 and 2 and subsections 4(1) and (2), 5(2) and 9(2))Prohibited Toxic Substances Unless Present in Manufactured ItemsItemToxic Substance1Hexane, 1,6-diisocyanato-, homopolymer, reaction products with alpha-fluoro-omega-2-hydroxyethyl-poly(difluoromethylene), C16-20-branched alcohols and 1-octadecanol22-Propenoic acid, 2-methyl-, hexadecyl ester, polymers with 2-hydroxyethyl methacrylate, gamma-omega-perfluoro-C10-16-alkyl acrylate and stearyl methacrylate32-Propenoic acid, 2-methyl-, 2-methylpropyl ester, polymer with butyl 2-propenoate and 2,5 furandione, gamma-omega-perfluoro-C8-14-alkyl esters, tert-Bu benzenecarboperoxoate-initiated42-Propen-1-ol, reaction products with pentafluoroiodoethane tetrafluoroethylene telomer, dehydroiodinated, reaction products with epichlorohydrin and triethylenetetramine5Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4 ≤ n ≤ 10
(Sections 1 and 2 and subsections 4(1) and (3) and 4.1(2))Prohibited ProductsItemColumn 1Column 2Toxic SubstanceProduct Containing the Toxic Substance1Hexabromocyclododecane, which has the molecular formula C12H18Br6Expanded and extruded polystyrene foams and their intermediary products for a building or construction application
SOR/2016-252, ss. 13 to 17(Sections 1 to 3, 6, 7, 9 and 12 and Schedule 3)Permitted Uses, Concentration Limits and Reporting Thresholds(Sections 1 and 2, subsection 6(1), paragraph 6(2)(a) and subsection 9(2))Permitted Uses — All ActivitiesItemColumn 1Column 2Toxic SubstancePermitted Uses1Benzidine and benzidine dihydrochloride, which have the molecular formulae C12H12N2 and C12H12N2·2HCl, respectivelyStaining for microscopic examination, such as immunoperoxidase staining, histochemical staining or cytochemical staining;Reagent for detecting blood in biological fluids;Niacin test to detect certain micro-organisms; andReagent for detecting chloralhydrate in biological fluids.22-Methoxyethanol, which has the molecular formula C3H8O2Adhesives and coatings for aircraft refinishing; andSemiconductor manufacturing process.3[Repealed, SOR/2017-247, s. 2]4Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NPhotoresists or anti-reflective coatings for photolithography processes; andPhotographic films, papers and printing plates.
(Sections 1 and 2 and subsections 6(1), (2.1) and (2.2) and 9(2))Permitted Uses — Certain ActivitiesItemColumn 1Column 2Toxic SubstancePermitted Uses1Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NIn aqueous film forming foam present in a military vessel or military fire-fighting vehicle contaminated during a foreign military operation12Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its saltsIn aqueous film forming foam used in fire-fighting3Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomIn aqueous film forming foam used in fire-fighting4Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20, and their saltsIn aqueous film forming foam used in fire-fighting5Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomIn aqueous film forming foam used in fire-fighting
Military operation means any operation taken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.(Sections 1 and 2 and subsections 6(1) and (2.3))Permitted Uses — Use OnlyItemColumn 1Column 2Toxic SubstancePermitted Uses1Pentachlorobenzene, which has the molecular formula C6HCl5Use with chlorobiphenyls contained in equipment or liquids in the service of equipment in which their use is permitted under the PCB Regulations2Tetrachlorobenzenes, which have the molecular formula C6H2Cl4Use with chlorobiphenyls contained in equipment or liquids in the service of equipment in which their use is permitted under the PCB Regulations
(Sections 1 and 2, subsection 6(1), paragraph 6(2)(b), subsections 6(2.4) and (4) and 7(1), paragraph 7(2)(a) and subsections 9(2) and (3))Temporary Permitted UsesItemColumn 1Column 2Column 3Toxic SubstancePermitted UsesDate1[Repealed, SOR/2017-247, s. 3]2Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its saltsWater-based inks and photo media coatingsJanuary 1, 20173Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomWater-based inks and photo media coatingsJanuary 1, 20174Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20, and their saltsWater-based inks and photo media coatingsJanuary 1, 20175Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomWater-based inks and photo media coatingsJanuary 1, 2017
(Sections 1 and 2, subsection 6(1), paragraphs 6(2)(c) and 7(2)(b) and subsection 9(2))Permitted Concentration LimitsItemColumn 1Column 2Column 3Toxic SubstanceProduct Containing the Toxic SubstanceConcentration Limit of the Toxic Substance12-Methoxyethanol, which has the molecular formula C3H8O2Diethylene glycol methyl ether, which has the molecular formula C5H12O30.5 % (w/w)2Tributyltins, which contain the grouping (C4H9)3SnTetrabutyltin, which has the molecular formula (C4H9)4Sn30 % (w/w)
(Sections 1 and 2 and subsections 6(1) and (2.5), 7(3) and 9(2))Concentration Limit for Certain UsesItemColumn 1Column 2Column 3Toxic SubstanceProduct Containing the Toxic SubstanceConcentration Limit of the Toxic Substance1Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NAqueous film forming foam10 ppm
(Sections 1 and 2, subsection 9(2) and section 12)Reporting ThresholdsItemColumn 1Column 2Column 3Column 4Toxic SubstanceAnnual QuantityAnnual Weighted Average ConcentrationAnnual Quantity and Annual Weighted Average Concentration1Benzidine and benzidine dihydrochloride that have the molecular formulas C12H12N2 and C12H12N2·2HCl, respectively1 kg2Chlorinated alkanes that have the molecular formula CnHxCl(2n+2-x) in which 10 ≤ n ≤ 131 kg and 0.5% (w/w)
SOR/2016-252, ss. 18 to 21; SOR/2017-247, ss. 2, 3(Subsections 3(3) and 9(2))Added Toxic SubstancesColumn 1Column 2ItemToxic SubstanceDate Substance Added1Polybrominated diphenyl ethers that have the molecular formula C12H(10-n)BrnO in which 4 ≤ n ≤ 10Day on which this Schedule comes into force2Perfluorooctane sulfonate and its salts and compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2NDay on which this Schedule comes into force3Perfluorooctanoic acid, which has the molecular formula C7F15CO2H, and its saltsDay on which this Schedule comes into force4Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which n = 7 or 8 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomDay on which this Schedule comes into force5Perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20, and their saltsDay on which this Schedule comes into force6Compounds that consist of a perfluorinated alkyl group that has the molecular formula CnF2n+1 in which 8 ≤ n ≤ 20 and that is directly bonded to any chemical moiety other than a fluorine, chlorine or bromine atomDay on which this Schedule comes into force7Hexabromocyclododecane, which has the molecular formula C12H18Br6January 1, 2017
SOR/2016-252, s. 22(Subsections 3(2) and (3))Information Related to the Use of Certain Toxic Substances in a Laboratory for Analysis, in Scientific Research or as a Laboratory Analytical Standard
Information respecting the laboratory where a toxic substance or a product containing it is used or is to be used:the name, civic and postal addresses, telephone number and, if any, email address and fax number of the laboratory; andthe name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on the laboratory’s behalf.
Information respecting each toxic substance set out in Schedule 1 or 2, and each product containing it that is used or is to be used:the name of the toxic substance and the name of the product, if applicable;the anticipated period of its use;the estimated quantity of the toxic substance to be used in a calendar year and its unit of measurement;the identification of each proposed use and each actual use, as the case may be; andin the case of a product,the estimated quantity of the product to be used in a calendar year and its unit of measurement, andthe estimated concentration of the toxic substance in that product and its unit of measurement.
SOR/2016-252, s. 23(Subsection 9(4) and 10(3))Information Required in an Application for a Permit or an Application for Renewal of a Permit
Information respecting the applicant:their name, civic and postal addresses, telephone number and, if any, email address and fax number; andthe name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on the applicant’s behalf.
In the case of a toxic substance referred to in either section 4 or 6 of these Regulations or a product containing it, the following information:the name of the toxic substance and the name of the product, if applicable;the quantity of the toxic substance manufactured or imported during a 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement;the estimated quantity of the toxic substance to be manufactured or imported during the period to which the permit will apply, and its unit of measurement;in the case of a product,the quantity of the product manufactured or imported during any 12-month period ending no more than six months before the day on which the application is submitted, and its unit of measurement,the estimated quantity of the product to be manufactured or imported during the period to which the permit will apply, and its unit of measurement, andthe estimated concentration of the toxic substance in that product or the estimated mass of the toxic substance contained in the product, and its unit of measurement; andthe identification of each proposed use, if known.[Repealed, SOR/2016-252, s. 24]
Information that demonstrates that there is no technically or economically feasible alternative or substitute available to the applicant at the time of the application, other than a substance regulated under these Regulations, for the toxic substance.
Information that explains what measures have been taken to minimize or eliminate any harmful effect of the toxic substance on the environment and human health.
A description of the plan prepared respecting the toxic substance identifying the measures that will be taken by the applicant to comply with these Regulations and the period within which the plan is to be implemented, which must not exceed three years after the day on which the permit is first issued.
SOR/2016-252, s. 24(Section 12)Information Relating to the Manufacture or Import of a Toxic Substance or the Import of a Product Containing It
Information respecting the manufacturer or importer:their name, civic and postal addresses, telephone number of their principal place of business and, if any, email address and fax number; andthe name, title, civic and postal addresses, telephone number and, if any, email address and fax number of any person authorized to act on behalf of the manufacturer or importer.
Information respecting each toxic substance referred to in column 1 of Part 4 of Schedule 2 that is imported or manufactured and each product containing it that is imported or manufactured during a calendar year:the name of the toxic substance and the name of the product, if applicable;the calendar year;the total quantity of the toxic substance manufactured, and its unit of measurement;the total quantity of the toxic substance sold in Canada, and its unit of measurement;the total quantity of the toxic substance imported, and its unit of measurement;the identification of each proposed use of the toxic substance and the product, if applicable;the annual weighted average concentration of the toxic substance in the product and its unit of measurement, if applicable;the analytical method used to determine the concentration of the toxic substance in the product, if applicable;the analytical method detection limit used to determine the concentration of the toxic substance in the product, if applicable; andthe name, civic and postal addresses, telephone number and, if any, email address and fax number of each person in Canada to whom the manufacturer or importer sold the toxic substance or the product.
The name, civic and postal addresses, telephone number and, if any, email address and fax number of the laboratory that determined the concentration of the toxic substance in the product, if applicable.
RELATED PROVISIONS — SOR/2016-252, s. 25
Section 11 of the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations, as it read immediately before the day on which these Regulations come into force, continues to apply until March 31, 2019 to any person to whom section 9 of those Regulations applied.
AMENDMENTS NOT IN FORCE — SOR/2025-270, s. 15
The Prohibition of Certain Toxic Substances Regulations, 20122 are repealed.SOR/2012-285
SOR/2021-422021-03-18