Vol. 145, No. 5 — March 2, 2011

Registration

SOR/2011-38 February 10, 2011

FISHERIES ACT

ARCHIVED — Regulations Amending the Pulp and Paper Effluent Regulations (Miscellaneous Program)

P.C. 2011-218 February 10, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsections 36(5) and 38(9) of the Fisheries Act (see footnote a), hereby makes the annexed Regulations Amending the Pulp and Paper Effluent Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE PULP AND PAPER EFFLUENT REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. (1) Paragraph 4(2)(b) of Schedule IV.1 to the French version of the Pulp and Paper Effluent Regulations (see footnote 1) is replaced by the following:

b) la description détaillée des études à effectuer sur le terrain et en laboratoire pour déterminer la cause de l’effet.

(2) Subsection 4(3) of Schedule IV.1 to the French version of the Regulations is replaced by the following:

(3) Si le dernier rapport d’interprétation indique soit la cause de l’effet sur la population de poissons, sur les tissus de poissons ou sur la communauté d’invertébrés benthiques, soit le fait que les solutions n’ont pu être trouvées, le plan d’étude comporte la description détaillée des études à effectuer pour dégager les solutions qui permettraient d’éliminer cet effet.

2. Schedule V to the Regulations is replaced by the Schedule V set out in the schedule to these Regulations.

COMING INTO FORCE

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

SCHEDULE
(Section 2)

SCHEDULE V
(Section 2)

AUTHORIZATION OFFICERS


Item

Column I
Province

Column II
Authorization Officer

1.

Ontario

Director

Environmental Protection Operations Directorate — Ontario

Environment Canada

2.

Quebec

Director

Environmental Protection Operations Directorate — Quebec

Environment Canada

3.

Nova Scotia

Director

Environmental Protection Operations Directorate — Atlantic

Environment Canada

4.

New Brunswick

Director

Environmental Protection Operations Directorate — Atlantic

Environment Canada

5.

Manitoba

Director

Environmental Protection Operations Directorate — Prairie and Northern

Environment Canada

6.

British Columbia

Director

Environmental Protection Operations Directorate — Pacific and Yukon

Environment Canada

7.

Saskatchewan

Manager, Uranium and Northern Operations

Environmental Protection and Audit Division — Industrial Branch

Saskatchewan Ministry of Environment

8.

Alberta

District Approvals Manager

Northern Region

Alberta Ministry of Environment

9.

Newfoundland and Labrador

Director

Environmental Protection Operations Directorate — Atlantic

Environment Canada

REGULATORY IMPACT
n ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

Schedule V of the Pulp and Paper Effluent Regulations (the Regulations) prescribes the persons who may issue an authorization to deposit deleterious substances into water frequented by fish. Currently, for pulp and paper mills and off-site treatment facilities in the provinces of Quebec, Saskatchewan and Alberta, the Regulations prescribe authorization officers based on whether there is a written agreement in effect in respect of information required to be submitted under these Regulations between the Government of Canada and the respective province.

If there is a written agreement in effect between the Government of Canada and the respective province, and the Minister has notified all operators in the province of the agreement, the authorization officer is either identified as an official of that province, or the responsibility is shared between the federal and provincial governments. In Alberta and Saskatchewan, the authorization officer is an official of the respective province. In Quebec, the responsibilities of the authorization officer are shared between federal and provincial officials.

In the absence of a written agreement, the Director, Environmental Protection Operations Division, Department of the En- vironment, is the authorization officer for the province. Therefore, to improve the clarity in the identification of the authorization officer, an amendment has been made.

In addition, the authorization officer’s title has been changed requiring an update to the title in the regulatory text.

Finally, to improve on the uniformity of the French and English versions of the regulatory text, an amendment to Schedule IV.1 has been made.

The objectives of the Regulations Amending Pulp and Paper Effluent Regulations(Miscellaneous Program) [the Amendments] are to improve clarity of the regulatory text by identifying a single authorization officer for each province and to improve the con- sistency in wording between the French and English versions of the regulatory text. The Amendments address comments made by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Description and rationale

The Regulations currently prescribe authorization officers in Quebec, Saskatchewan and Alberta based on whether there is a written agreement in effect in respect of information required to be submitted under these Regulations. The Minister has notified all the operators in the provinces of the agreement. To improve clarity in the identification of the authorization officer, the Amendments will modify items 2, 7 and 8 of Schedule V of the Regulations to identify a single authorization officer for each of the provinces of Quebec, Saskatchewan and Alberta. The author- ization officers will be named as follows:

  • Quebec — Director, Environmental Protection Operations Directorate — Quebec, Environment Canada
  • Alberta — District Approvals Manager, Northern Region, Alberta Ministry of Environment
  • Saskatchewan — Manager, Uranium and Northern Oper- ations, Environmental Protection and Audit Division — Industrial Branch, Saskatchewan Ministry of Environment

In addition, a structural reorganization of Environment Canada has necessitated a change in the authorization officer’s title. Therefore, the Amendments will modify the title of the authorization officer to replace the term “division” by “directorate” for the provinces without a written agreement in Schedule V.

The Amendments will also modify Schedule IV.1 to replace the term “précisions voulues” to “description détaillée” in paragraph 4(2)(b) and subsection 4(3) in the French version of the Regulations in order to increase uniformity with the English version where the wording “detailed description” is used.

Both amendments to Schedule V and IV.1 address comments made by the SJCSR.

Overall, the Amendments will improve the clarity and con- sistency of the regulatory text. There will be no incremental costs to the public, industry or governments associated with the Amendments.

Consultation

Environment Canada confirmed with the provinces of Alberta, Saskatchewan and Quebec the naming of the authorization officer and their title. However, given that the Amendments are administrative in nature with no negative impacts and are not expected to raise any concerns, no formal stakeholder consultations were held.

Implementation, enforcement and service standards

Since the Amendments are administrative in nature, they will not result in the implementation of any new programs or activ- ities. The Amendments do not alter the manner in which the Regulations are implemented and enforced. Therefore, no changes to the implementation plan, enforcement strategy or service standards for the Regulations are required as a result of the Amendments.

Contacts

Matthew Hamilton
Head, Water and Land Issues
Forestry, Agriculture and Aquaculture Division
Environment Canada
351 St. Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-3199
Fax: 819-994-9848
Email: matthew.hamilton@ec.gc.ca

Luis Leigh
Director
Regulatory Analysis and Valuation Division
Environment Canada
10 Wellington Street, 24th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-1170
Fax: 819-997-2769
Email: Luis.Leigh@ec.gc.ca

Footnote a
R.S., c. F-14

Footnote 1
SOR/92-269