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

PART 3Schedule 2 Chemicals

Application

Marginal note:Application

• 9 (1) Sections 9 to 12 apply to plant sites that consist of one or more plants where, during a calendar year, an activity referred to in section 11 of the Act, other than export or import, is carried out with respect to any Schedule 2 chemical described below in excess of the following applicable quantities:

  • (a) 100 grams of any Schedule 2 chemical marked by an asterisk (*) in Part A of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 0.5% of the total weight of a mixture;

  • (b) 10 kg of any other Schedule 2 chemical listed in Part A of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 0.5% of the total weight of a mixture; and

  • (c) 100 kg of any Schedule 2 chemical listed in Part B of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 10% of the total weight of a mixture.

• Marginal note:Interpretation

  (2) For greater certainty, the quantities referred to in paragraphs (1)(a) to (c) relate only to the weight of a Schedule 2 chemical contained in a mixture and not to the weight of the mixture itself.

Initial Declaration

Marginal note:Declaration

10 Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1994 and ending at the end of the calendar year before the coming into force of these Regulations, carried out at a plant site an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, 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, for each calendar year referred to in this section during which an activity referred to in this section was carried out, 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) for each plant site,

  • (i) its name, address and precise location,

  • (ii) the name of its owner or of the corporation or enterprise operating it, as the case may be, and

  • (iii) if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 4;

• (d) for each plant referred to in section 9 that is located within the plant site,

  • (i) its name, precise location within the plant site and, if applicable, the name or number of the building or structure in which it is located,

  • (ii) the name of its owner or of the corporation or enterprise operating it, as the case may be,

  • (iii) the main activities that are carried out,

  • (iv) an indication

    • (A) that the plant produces, processes or consumes a Schedule 2 chemical, as the case may be,

    • (B) of whether it is dedicated to those activities or is multi-purpose, and

    • (C) of whether it carries out other activities with respect to a Schedule 2 chemical and, if applicable, a specification of those activities, and

  • (v) its production capacity for each Schedule 2 chemical and the method used to calculate that production capacity; and

• (e) for each Schedule 2 chemical,

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

  • (ii) the total quantity produced, processed or consumed, expressed in kilograms or in tonnes, and

  • (iii) the purposes for which it was produced, processed or consumed and,

    • (A) if it was processed or consumed, the type of product that resulted from the processing or consumption, or

    • (B) if it was sold or transferred within Canada, an indication of whether it was sold or transferred to another industry, a trader or another destination and, if known, the final type of product that resulted or is anticipated to result from the production, processing or consumption.

Annual Declaration of Past Activities

Marginal note:Declaration

• 11 (1) Any person that, during a calendar year, carries out at a plant site an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, 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 information set out in paragraphs 10(a) to (e).

• Marginal note:Cessation of activities

  (2) If the declarant no longer carries out activities referred to in section 11 of the Act with respect to a Schedule 2 chemical, the declarant must make their declaration to the National Authority within 30 days after the cessation of activities. In addition to the information referred to in subsection (1), the declaration must contain the date of the cessation.

Annual Declaration of Anticipated Activities

Marginal note:Declaration

• 12 (1) Any person that anticipates carrying out at a plant site, during the following calendar year, an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, 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, in addition to the information set out in paragraphs 10(a) to (d), the following information for each Schedule 2 chemical referred to in the declaration:

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

  • (b) the total quantity that is anticipated to be produced, processed or consumed, expressed in kilograms or in tonnes, and the calendar yearly quarter during which the production, processing or consumption is anticipated to take place; and

  • (c) the purposes for which it will be produced, processed or consumed and,

    • (i) if it will be processed or consumed, the type of product that will result from the processing or consumption, or

    • (ii) if it will be sold or transferred within Canada, an indication of whether it will be sold or transferred to another industry, a trader or another destination and, if known, the final type of product that is anticipated to result from the production, processing or consumption.

• Marginal note:Notice of additional activities

  (2) The declarant must notify the National Authority in writing of any additional activity that is anticipated to be carried out during the year referred to in the declaration not less than 15 days before the activity begins.

Declarations Regarding Exports and Imports

Marginal note:Initial declaration

13 Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1994 and ending at the end of the calendar year before the coming into force of these Regulations, exported or imported any quantity of any of the Schedule 2 chemicals described in paragraphs 9(1)(a) to (c) 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, for each calendar year referred to in this section during which an activity referred to in this section was carried out, 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; and

• (c) as the case may be, each of the quantities of each Schedule 2 chemical exported or imported, expressed in kilograms or in tonnes, and the country of final destination or the country from which the chemical was imported.

Marginal note:Annual declaration of past activities

14 Any person that, during a calendar year, exports or imports any quantity of any of the Schedule 2 chemicals described in paragraphs 9(1)(a) to (c) 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 information set out in paragraphs 13(a) to (c).

PART 4Schedule 3 Chemicals

Application

Marginal note:Application

15 Sections 15 to 18 apply to plant sites that consist of one or more plants where, during a calendar year, more than three tonnes of a Schedule 3 chemical are produced, with the exception of those chemicals that constitute less than 25% of the total weight of a mixture.

Initial Declaration

Marginal note:Declaration

16 Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1996 and ending at the end of the calendar year before the coming into force of these Regulations, produced a Schedule 3 chemical at a plant site 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, for each calendar year referred to in this section during which such production took place, 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) for each plant site,

  • (i) its name, address and precise location,

  • (ii) the name of its owner or of the corporation or enterprise operating it, as the case may be, and

  • (iii) if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 3;

• (d) for each plant referred to in section 15 that is located within the plant site,

  • (i) its name, precise location within the plant site and, if applicable, the name or number of the building or structure in which it is located,

  • (ii) the name of its owner or of the corporation or enterprise operating it, as the case may be, and

  • (iii) the main activities that are carried out; and

• (e) for each Schedule 3 chemical referred to in section 15 that is produced in a quantity above the threshold set out in that section,

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

  • (ii) the total quantity produced, expressed in tonnes, and

  • (iii) the purposes for which it was produced.

Annual Declaration of Past Activities

Marginal note:Declaration

• 17 (1) Any person that, during a calendar year, produces a Schedule 3 chemical at a plant site 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 information set out in paragraphs 16(a) to (e).

• Marginal note:Cessation of production activities

  (2) If the declarant no longer produces Schedule 3 chemicals, the declarant must make their declaration to the National Authority within 30 days after the cessation of production activities. In addition to the information referred to in subsection (1), the declaration must contain the date of the cessation.

Annual Declaration of Anticipated Activities

Marginal note:Declaration

• 18 (1) Any person that anticipates producing, during the following calendar year, more than three tonnes of a Schedule 3 chemical at a plant site 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, in addition to the information set out in paragraphs 16(a) to (d), the following information for each Schedule 3 chemical referred to in the declaration:

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

  • (b) the total quantity that is anticipated to be produced, expressed in tonnes; and

  • (c) the purposes for which it will be produced.

• Marginal note:Notice of additional production activities

  (2) The declarant must notify the National Authority in writing of any additional production activity that is anticipated to be carried out during the year referred to in the declaration not less than 15 days before the production activity begins.