Vol. 145, No. 26 — December 21, 2011

Registration

SOR/2011-301 December 8, 2011

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program)

P.C. 2011-1551 December 8, 2011

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 March 19, 2011, a copy of the proposed Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program), 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), hereby makes the annexed Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program).

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER
SUBSECTION 93(1) OF THE CANADIAN ENVIRONMENTAL
PROTECTION ACT, 1999 (MISCELLANEOUS PROGRAM)

SOLVENT DEGREASING REGULATIONS

1. Subsection 4(2) of the French version of the Solvent Degreasing Regulations (see footnote 1) is amended by replacing “elle” with “il”.

2. Paragraph 8(b) of the English version of the Regulations is amended by replacing “sellers’s” with “seller’s”.

PCB REGULATIONS

3. The definitions “process” and “product” in subsection 1(1) of the PCB Regulations (see footnote 2) are repealed.

4. Paragraph 28(1)(d) of the French version of the Regulations is replaced by the following:

  1. d) conserve au dépôt une copie des registres visés aux articles 43 et 44 et en rend une facilement accessible au service d’incendie local ou, à défaut, au fonctionnaire local nommé par le commissaire provincial aux incendies ou à toute autre autorité locale chargée de la protection contre les incendies;

5. The heading of Part 4 of the French version of the Regulations is replaced by the following:

ÉTIQUETAGE, RAPPORTS ET REGISTRES

6. The heading before section 43 of the Regulations is replaced by the following:

RECORD KEEPING

7. The portion of section 43 of the Regulations before paragraph (a) is replaced by the following:

Records for permitted activities

43. The following persons shall maintain records containing information and documents that demonstrate that they manufacture, process, use, sell, offer for sale, store, import or export PCBs or products containing PCBs in accordance with the Act and these Regulations:

8. The portion of section 45 of the French version of the Regulations before paragraph (b) is replaced by the following:

Conservation des registres

45. Toute personne qui a l’obligation de tenir un registre en application des articles 43 et 44 le conserve à son établissement principal au Canada ou à l’établissement où l’activité est exercée pendant au moins cinq ans après :

  1. a) dans le cas du propriétaire de BPC ou de produits qui en contiennent ou du propriétaire ou de l’exploitant d’un dépôt de BPC où sont stockés des BPC ou des produits qui en contiennent, la date de destruction des BPC ou des produits qui en contiennent décrits dans le registre;

COMING INTO FORCE

9. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations identified a lack of clarity as well as some inconsistencies in the regulatory texts of the Solvent Degreasing Regulations, and the PCB Regulations (collectively referred to as “the two Regulations”) and made recommendations to Environment Canada to address these issues.

The objectives of the Regulations Amending Certain Regulations Made Under Subsection 93(1) of the Canadian Environmental Protection Act, 1999 (Miscellaneous Program) (hereinafter referred to as the Amendments) are to improve the clarity and consistency of the two Regulations and align their English and French versions.

The Amendments make minor changes to the two Regulations.

Description and rationale

Discrepancies between the English and French versions of the two Regulations, including a typographical error, were noted. The Amendments make minor changes to the two Regulations to improve their clarity and consistency. The Amendments also make changes of an editorial nature to align the English and French versions of each regulatory text.

Solvent Degreasing Regulations

The Amendments

  • Modify the French version of subsection 4(2) of the Solvent Degreasing Regulations by replacing the word “elle” with “il” to be consistent with the word “demandeur.”

In addition, and as a result of Environment Canada’s review, the Amendments

  • Correct a typographical error in the English version of paragraph 8(b) of the Solvent Degreasing Regulations. This error was corrected by replacing the wording “sellers’s” with “seller’s.”

PCB Regulations

The Amendments

  • Repeal the definitions of “product” and “process.” This change does not modify the scope of the Regulations as both terms are already used in the Canadian Environmental Protection Act, 1999 (CEPA 1999);
  • Align the French and English versions of paragraph 28(1)(d) by replacing “documents et registres” with “registres” in the French version. This change ensures consistency with the English wording “records.” The Amendments also replace the wording “DOSSIERS” in the heading after Part 4 of the French version of the Regulations with “REGISTRES”;
  • Modify the wording of the heading preceding section 43 by adding “KEEPING” after the word “RECORDS.” In addition, the Amendments align the French and English wording of the heading by replacing “DOCUMENTS ET REGISTRES” with “TENUES DE REGISTRES.” This change adds clarity and consistency with other changes in sections 43 and 45;
  • Modify the wording of section 43 by replacing “the following persons shall maintain records that demonstrate…” with “the following persons shall maintain records containing information and documents that demonstrate…” in the English version and by replacing “les personnes ci-après conservent les documents établissant …” with “les personnes ci-après conservent dans un registre les renseignements et les documents établissant …” in the French version. This change clarifies that the focus is on the records;
  • Align the French and English versions of section 45 by replacing the wording “Toute personne qui est tenue de conserver des documents ou de tenir un registre…” with “Toute personne qui a l’obligation de tenir un registre…” in the French version; and
  • Align the French and English versions of paragraph 45(a) by replacing “…visé par le document ou le registre” with “…décrits dans le registre” in the French version.

These Amendments do not change the purpose or intent of the two Regulations and come into force on the day on which they are registered.

Consultation

Given that the Amendments would improve clarity and consistency of regulatory texts, with no negative impacts on interested parties, they were not expected to raise any concerns. As a result, no formal stakeholder consultations were held. The CEPA National Advisory Committee (NAC) was given an opportunity to advise the Ministers via a letter informing its members about the proposed Amendments. No comments were received from CEPA NAC.

Consultation following pre-publication of the Amendments in the Canada Gazette, Part Ⅰ, on March 19, 2011

The Amendments were pre-published in the Canada Gazette, Part Ⅰ, for a 60-day public comment period. No comments were received.

Implementation, enforcement and service standards

Since the Amendments are administrative in nature, developing an implementation plan, a compliance strategy and service standards was not necessary. In addition, since the Amendments do not alter the manner in which the two Regulations are implemented and enforced, no changes to the implementation plan, compliance strategy or service standards for the two Regulations were required.

Contacts

Danielle Rodrigue
Manager
Regulatory Affairs and Quality Management Systems
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-956-9460
Fax: 819-953-7970
Email: REGAFFAIRES@ec.gc.ca

Luis Leigh
Director
Regulatory Analysis and Valuation Division
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-1170
Fax: 819-953-3241
Email: luis.leigh@ec.gc.ca

Footnote a
S.C. 2004, c. 15, s. 31

Footnote b
S.C. 1999, c. 33

Footnote c
S.C. 2002, c. 7, s. 124

Footnote d
S.C. 1999, c. 33

Footnote 1
SOR/2003-283

Footnote 2
SOR/2008-273