Declarations Regulations (Chemical Weapons Convention) (SOR/2010-56)

PART 1Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Chemical Weapons Convention Implementation Act. (Loi)

  CAS registry number

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

  contact information

  contact information means the address, telephone number and, if applicable, fax number and e-mail address. (coordonnées)

  discrete organic chemical

  discrete organic chemical means any chemical that belongs to the class of chemical compounds consisting of all compounds of carbon except for carbon monoxide, carbon dioxide, carbon disulfide, carbonyl sulfide and metal carbonates. Also excluded from this definition are oligomers and polymers — whether or not they contain phosphorus, sulfur or fluorine — and chemicals that contain only carbon and metal. (produit chimique organique défini)

  IUPAC

  IUPAC means the International Union of Pure and Applied Chemistry. (UICPA)

  other facility

  other facility means a plant site, plant or unit, other than the single small-scale facility, where activities authorized under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) are carried out. (autre installation)

  PSF chemical

  PSF chemical means a discrete organic chemical that contains phosphorus, sulfur or fluorine. (produit PSF)

  Schedule 1 chemica1

  Schedule 1 chemica1 means a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention. (produit chimique du tableau 1)

  Schedule 2 chemical

  Schedule 2 chemical means a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention. (produit chimique du tableau 2)

  Schedule 3 chemical

  Schedule 3 chemical means a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention. (produit chimique du tableau 3)

  single small-scale facility

  single small-scale facility means the single small-scale facility referred to in paragraph 19(1)(a) of the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) or any facility replacing it or intended to replace it. (installation unique à petite échelle)

• Marginal note:Other words and expressions

  (2) Unless the context otherwise requires, all words and expressions used in these Regulations have the same meaning as in the Convention.

• Marginal note:Electronic transmission

  (3) Any notice given or declaration made under these Regulations may be given or made by electronic means.

PART 2Schedule 1 Chemicals

Application

Marginal note:Application

2 This Part applies to any activity authorized under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention).

Initial Declaration

Marginal note:Single small-scale facility

• 3 (1) Unless the information has already been submitted to the National Authority, any person that, at the time of the coming into force of these Regulations, is carrying out an activity at the single small-scale facility under an authorization referred to in subsection 8(1) of the Act must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

  • (a) the name and contact information of the declarant;

  • (b) if applicable, the name, position and contact information of the authorized representative;

  • (c) the name of the facility and its address or, if there is no address, a description of its precise location; and

  • (d) a detailed technical description of the facility, including an inventory of equipment and detailed diagrams.

• Marginal note:Changes

  (2) The declarant must notify the National Authority in writing, and within the following time frames, of any change to the following information:

  • (a) that referred to in paragraphs (1)(a) and (b), no later than 7 days after the day of the change; and

  • (b) that referred to in paragraphs (1)(c) and (d), not less than 200 days before the change is to be made.

Marginal note:Proposed facility

• 4 (1) Any person that intends to carry out an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, not less than 200 days before operations are to begin, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains,

  • (a) in the case of the single small-scale facility, the information set out in paragraphs 3(1)(a) to (d); and

  • (b) in the case of an other facility, the information set out in paragraphs 3(1)(a) to (c), a detailed technical description of the facility and the purposes for which it will be operated.

• Marginal note:Changes

  (2) The declarant must notify the National Authority in writing, and within the following time frames, of any change to the following information:

  • (a) that referred to in paragraphs 3(1)(a) and (b), no later than 7 days after the day of the change; and

  • (b) that referred to in paragraphs 3(1)(c) and (d), the detailed technical description of an other facility and the purposes for which an other facility will be operated, not less than 200 days before the change is to be made.

Annual Declaration of Past Activities

Marginal note:Single small-scale facility or other facility

5 Any person that, during a calendar year, carries out an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

• (a) the name and contact information of the declarant;

• (b) if applicable, the name, position and contact information of the authorized representative;

• (c) the name of the facility and its address or, if there is no address, a description of its precise location;

• (d) for each Schedule 1 chemical referred to in the declaration,

  • (i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula,

  • (ii) if applicable, the quantity produced and, in the case of the single small-scale facility or an other facility that is licensed to produce Schedule 1 chemicals for protective purposes, the production methods employed,

  • (iii) if applicable, the quantity consumed and the purposes for which it was consumed,

  • (iv) if applicable, for each receipt of a Schedule 1 chemical from the single small-scale facility or from one of the persons referred to in section 11 of the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) or each shipment of a Schedule 1 chemical to that facility or to one of those persons, as the case may be, the quantity received or shipped, the purposes for which it was received or shipped and the facility or person from which it was received or to which it was shipped,

  • (v) the maximum quantity stored at any time during the year, and

  • (vi) the quantity stored at the end of the year;

• (e) for each precursor listed in Schedule 1, 2 or 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention that was used for the production of the Schedule 1 chemical,

  • (i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, and

  • (ii) its quantity consumed;

• (f) any changes at the facility compared to,

  • (i) in the case of the single small-scale facility, its detailed technical description, including the inventory of equipment and detailed diagrams, and

  • (ii) in the case of an other facility, its detailed technical description; and

• (g) if the declarant no longer carries out activities under an authorization referred to in subsection 8(1) of the Act, the date of the cessation of activities.

Annual Declaration of Anticipated Activities

Marginal note:Single small-scale facility or other facility

6 Any person that anticipates carrying out, during the following calendar year, an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, no later than September 15 of the current year, an annual declaration of the activities that are anticipated to be carried out during the calendar year to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

• (a) the name and contact information of the declarant;

• (b) if applicable, the name, position and contact information of the authorized representative;

• (c) the name of the facility and its address or, if there is no address, a description of its precise location;

• (d) for each Schedule 1 chemical referred to in the declaration,

  • (i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, and

  • (ii) the quantity that is anticipated to be produced and the purposes for which it will be produced and, in the case of an other facility, the calendar yearly quarter during which the production is anticipated to take place; and

• (e) any changes that are anticipated at the facility compared to,

  • (i) in the case of the single small-scale facility, its detailed technical description, including the inventory of equipment and detailed diagrams, and

  • (ii) in the case of an other facility, its detailed technical description.

Notice and Declaration Regarding Exports and Imports

Marginal note:Notice

7 Any person that anticipates exporting or importing a Schedule 1 chemical under an authorization referred to in subsection 8(2) of the Act must notify the National Authority in writing not less than 45 days before the export or import. The notice must be signed and dated by the person that gives the notice or, in the case of a corporation, by its authorized representative and must contain the following information:

• (a) the name and contact information of the person that gives the notice;

• (b) if applicable, the name, position and contact information of the authorized representative;

• (c) the IUPAC name of the Schedule 1 chemical and its CAS registry number or, if no CAS registry number has been assigned, its structural formula; and

• (d) as the case may be, each of the quantities of each Schedule 1 chemical that is anticipated to be exported or imported, expressed in grams or in kilograms, the country of final destination or the country from which the chemical will be imported, the name and address of the facility in question that is located in that country, the purposes for which the chemical will be exported or imported and the date of the export or import.

Marginal note:Annual declaration of past activities

8 Any person that, during a calendar year, exports or imports a Schedule 1 chemical under an authorization referred to in subsection 8(2) of the Act must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

• (a) the name and contact information of the declarant;

• (b) if applicable, the name, position and contact information of the authorized representative;

• (c) the IUPAC name of the Schedule 1 chemical and its CAS registry number or, if no CAS registry number has been assigned, its structural formula; and

• (d) as the case may be, each of the quantities of each Schedule 1 chemical exported or imported, expressed in grams or in kilograms, the country of final destination or the country from which the chemical was imported, the name and address of the facility in question that is located in that country, the purposes for which the chemical was exported or imported and the date of the export or import.