Interpretation

1 The following definitions apply in these Regulations.

Act

Act means the Canadian Environmental Protection Act, 1999. (Loi)

CAS registry number

CAS registry number means the identification number assigned to a chemical substance by the Chemical Abstracts Service Division of the American Chemical Society. (numéro d’enregistrement CAS)

designated national authority

designated national authority means an authority designated by a Party to act on its behalf for the administration of the Rotterdam Convention. (autorité nationale désignée)

Export Control List

Export Control List means the Export Control List in Schedule 3 to the Act. (Liste des substances d’exportation contrôlée)

exporter

exporter means a person who exports or intends to export from Canada a substance on the Export Control List. (exportateur)

Minister

Minister means the Minister of the Environment unless the substance to be exported is a pesticide, in which case Minister means the Minister of Health. (ministre)

Party

Party means a state or regional economic integration organization that is included on the list of designated national authorities maintained by the Secretariat. (Partie)

pesticide

pesticide means a control product as defined in section 2 of the Pest Control Products Act. (produit antiparasitaire)

PIC Circular

PIC Circular means the circular that is published by the Secretariat and that contains a compilation of import decisions from Parties, as amended from time to time. (Circulaire PIC)

Rotterdam Convention

Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, as amended from time to time. (Convention de Rotterdam)

Secretariat

Secretariat means the Secretariat for the Rotterdam Convention including the Interim Secretariat. (Secrétariat)

shipping document

shipping document means a document that relates to the export of a substance and contains information on its handling, offer for transport or transport and that describes the substance or contains information relating to it. (document d’expédition)

Application

• 2 (1) Subject to subsection 2, these Regulations apply to the export to a Party of any substance that is listed on the Export Control List.

• (2) These Regulations do not apply if the substance

  • (a) is a constituent element of a manufactured item that during manufacture is formed into a specific physical shape or design and has for its final use a function or functions wholly or partly dependent on its shape or design;

  • (b) is, or is contained in, a hazardous waste or hazardous recyclable material regulated by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations;

  • (c) is, or is contained in, a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act;

  • (d) is, or is contained in, a nuclear substance as defined in section 2 of the Nuclear Safety and Control Act;

  • (e) is, or is contained in, a Chemical Weapon as defined by the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed at Paris, France on January 13, 1993, as amended from time to time;

  • (f) is, or is contained in, a food or drug as defined in section 2 of the Food and Drugs Act or a food additive as defined in Part B of the Food and Drug Regulations;

  • (g) is contained in a mixture at a concentration of less than 0.1% by weight; or

  • (h) is exported by or to an individual for their personal use.

Export Conditions

• 3 (1) No exporter shall export a substance on the Export Control List to a Party unless that exporter

  • (a) is a resident of Canada or, in the case of a corporation, has a place of business in Canada;

  • (b) has been issued an export permit under section 7, 8 or 9;

  • (c) follows the conditions of export that are specified in the export permit;

  • (d) has liability insurance coverage in an amount of not less than $5,000,000 for every shipment of a substance in respect of

    • (i) any damages for which the exporter may become liable arising from the export of the substance, and

    • (ii) any costs imposed by the applicable laws on the exporter for cleaning up the environment that result from the substance being released into the environment during export;

  • (e) includes the documents required under section 15 with each shipment of the substance; and

  • (f) meets the labelling requirements prescribed in section 16.

• (2) Despite subsection (1), if the conditions of paragraph (1)(a) and (f) are met, an exporter may export without an export permit

  • (a) a substance specified in Part 2 or 3 of the Export Control List if the substance is exported solely for research or analysis and the total quantity of the substance exported in a calendar year is not greater than 1 kg; or

  • (b) a substance specified in Part 2 of the Export Control List if the substance is for a use that

    • (i) is not specified in column 3 of Schedule 1 to these Regulations, or

    • (ii) is specified in column 3 of Schedule 1 to these Regulations, for a period of six months after the day on which the Secretariat first informed the Parties through the PIC Circular that the Party of destination has failed to transmit a response to the Secretariat regarding its consent or refusal to the importation of the substance.

• (3) Despite subsection (1), if the export of a substance specified in Part 1 of the Export Control List is for the purpose of complying with a direction of the Minister under subparagraph 99(b)(iii) of the Act, the exporter is required to comply with only the conditions of paragraphs (1)(d) to (f).

• (4) Subsection (1) does not apply in respect of a substance that is in transit through the territory of a Party that is neither a Party of origin nor a Party of destination.

Application for an Export Permit

4 An application for an export permit shall be made to the Minister and shall include the information specified in Schedule 2 and a written statement signed by the exporter certifying that the information provided is complete and accurate.

5 Each application for an export permit may only be made in respect of one substance on the Export Control List, or a mixture that contains it, and one Party of destination.

6 An exporter shall include, in an application for an export permit referred to in subsection 7(1) or 8(1), a written undertaking that is signed by the exporter as specified in Schedule 3.

Issuance of Export Permits

Substances in Part 1 of the Export Control List

• 7 (1) Subject to subsection (2) and section 10, on receipt of an application that complies with sections 4 to 6, the Minister shall issue an export permit for the export of a substance specified in Part 1 of the Export Control List only if the export is for the purpose of destroying the substance.

• (2) If the application for an export permit under subsection (1) is for the export of a substance for which the CAS registry number is specified in column 2 of Schedule 1 that is for a use specified in column 3, the Minister shall issue the export permit only if

  • (a) the Party of destination has consented to the importation of the substance and the consent has been indicated in the PIC Circular;

  • (b) 18 months have elapsed since the month in which the Secretariat first informed the Parties through the PIC Circular that the Party of destination has failed to transmit a response to the Secretariat regarding its consent or refusal to the importation of the substance; or

  • (c) the exporter has provided the Minister with a written consent to the importation of the substance from the designated national authority of the Party of destination.

• (3) An export permit issued under subsection (1) shall specify the conditions of import that are imposed by a Party of destination as specified in the PIC Circular, or as may be specified by a designated national authority’s written consent under paragraph (2)(c).

Substances in Part 2 of the Export Control List

• 8 (1) Subject to section 10, on receipt of an application that complies with sections 4 to 6, the Minister shall issue an export permit for the export of a substance specified in Part 2 of the Export Control List for which the CAS registry number is specified in column 2 of Schedule 1 to these Regulations, if the substance is for the use specified in column 3 and if

  • (a) the Party of destination has consented to the importation of the substance and the consent has been indicated in the PIC Circular;

  • (b) 18 months have elapsed since the month in which the Secretariat first informed the Parties through the PIC Circular that the Party of destination has failed to transmit a response to the Secretariat regarding its consent or refusal to the importation of the substance; or

  • (c) the exporter has provided the Minister with a written consent to the importation of the substance from the designated national authority of the Party of destination.

• (2) An export permit issued under subsection (1) shall specify the conditions of import that are imposed by a Party of destination as specified in the PIC Circular, or as may be specified by a designated national authority’s written consent under paragraph (1)(c).

Substances in Part 3 of the Export Control List

9 Subject to section 10, on receipt of an application that complies with sections 4 and 5, the Minister shall issue an export permit for the export of a substance specified in Part 3 of the Export Control List.

Refusal, Cancellation, Amendment, Suspension and Expiration of Export Permits

10 The Minister shall refuse to issue an export permit if the Minister believes on reasonable grounds that

• (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or any condition that is specified in the export permit under subsection 7(3) or 8(2);

• (b) the export contravenes the Act or any regulations made under the Act or other measure taken under the Act; or

• (c) the exporter provided false or misleading information in the application for the export permit.

• 11 (1) The Minister shall cancel an export permit if the Secretariat advises the Parties through the PIC Circular that the Party of destination has revoked its consent to the importation of the substance for which the permit was issued, and the cancellation is effective six months after the day on which the Secretariat advises the Parties of that revocation.

• (2) Subject to section 12, the Minister shall amend an export permit in accordance with any modified conditions of import of the substance for which the permit was issued that the Party of destination has imposed if the Secretariat has advised the Parties of the amendment through the PIC Circular, and the amendment is effective six months after the day on which the Secretariat advises the Parties of that amendment.

12 The Minister shall cancel an export permit if the Minister believes on reasonable grounds that

• (a) the exporter is not able to export the substance in compliance with the Act, these Regulations or any condition that is specified in the export permit under subsection 7(3) or 8(2);

• (b) the export contravenes the Act or any regulations made under the Act or other measure taken under the Act that comes into force after the issuance of the export permit;

• (c) the exporter failed to comply with any condition of export that is specified in the export permit under subsection 7(3) or 8(2);

• (d) the exporter failed to comply with the written undertaking provided by the exporter under section 6; or

• (e) the exporter provided false or misleading information in the application for the export permit.

• 13 (1) The Minister shall not cancel or amend an export permit unless

  • (a) a notice giving reasons for the proposed amendment or cancellation has been sent to the exporter by mail, electronic mail or facsimile, to the postal or electronic address or facsimile number set out in the application for the export permit; and

  • (b) in the case of a cancellation under section 12, the exporter has been given 15 days after the notice was sent to make written representations showing cause why the export permit should not be cancelled.

• (2) In the case of a cancellation under section 12, the Minister shall suspend the export permit by written notice of suspension to the exporter for a period beginning on the day on which the written notice of the proposed cancellation is received by the exporter and ending on the day on which the Minister makes a decision respecting the proposed cancellation.

• (3) The notice referred to in subsection (2) is deemed to have been received by the exporter, if it is

  • (a) delivered personally, on the day of delivery;

  • (b) sent by mail, on the tenth day after the day on which the notice was mailed; or

  • (c) sent by facsimile or other electronic means, on the date indicated on the sending apparatus.

14 An export permit expires at the end of the calendar year for which it is issued.

Export Documents

15 Except in the case of an export under subsection 3(2), an exporter shall include with each shipment of a substance

• (a) a copy of any export permit; and

• (b) a safety data sheet that contains

  • (i) the information referred to in column III of Schedule I to the Controlled Products Regulations in respect of the substance, and

  • (ii) in the case of a substance that is a pesticide, the information referred to in subparagraph (i) or equivalent information.

• 16 (1) Subject to subsection (2), an exporter shall affix to any container in which a substance is exported a label that includes the following information:

  • (a) the name of the substance as it appears on the Export Control List and the commodity code of the substance that is obtained from the Harmonized Commodity Description and Coding System;

  • (b) any hazard to human health or the environment that may arise from the nature of the substance, or of the mixture that contains it; and

  • (c) any precautionary measures to be followed when handling, using or being exposed to the substance, or mixture that contains it, and when appropriate, the first aid measures to be taken in case of exposure.

• (2) In the case of a bulk shipment, the exporter shall either affix a label pursuant to subsection (1) or include with each shipment a label or a document that contains the information required to be included on the label.

• (3) For the purposes of this section, bulk shipment means a shipment of a substance that is contained, without intermediate containment or intermediate packaging, in

  • (a) a vessel having a water capacity of more than 454 L;

  • (b) a freight container or a portable tank;

  • (c) a road vehicle or a railway vehicle; or

  • (d) the hold of a ship.

17 An exporter shall maintain at the exporter’s principal place of business in Canada, for a period of five years after the end of the calendar year for which the export permit is issued,

• (a) the export permit and a copy of the application for the export permit;

• (b) a copy of the written undertaking required by section 6;

• (c) any written consent to the importation under paragraph 7(2)(c) or 8(1)(c);

• (d) any written reasons for the amendment or cancellation of an export permit provided by the Minister under paragraph 13(1)(a) and any written representations made to the Minister by the exporter pertaining to an amendment or cancellation;

• (e) proof of liability insurance coverage for each shipment of a substance as required by paragraph 3(1)(d);

• (f) for each shipment, a copy of the safety data sheet referred to in paragraph 15(b) and the label referred in section 16; and

• (g) any shipping documents or any other documents that substantiate the date of the shipment and the exact quantity of each export of the substance that was exported.

Coming into Force

18 These Regulations come into force on December 1, 2002.