Canada Gazette, Part I, Volume 150, Number 40: Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999

October 1, 2016

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring departments

Department of the Environment and Department of Health

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Department of the Environment (the Department) administers a wide range of regulations under the Canadian Environmental Protection Act, 1999 (CEPA). In order to ensure that they continue to be administered efficiently and provide clarity for regulatees, these regulations are reviewed and updated from time to time. The Department has identified the need for a number of changes to the regulatory texts of nine regulations made under CEPA in response to concerns, comments and recommendations from the Standards Council of Canada (SCC), the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and the Commissioner of the Environment and Sustainable Development (CESD). (see footnote 1) The Department has also identified other necessary changes and minor issues, including reducing the burden on agricultural researchers and requiring the provision of a notice under the New Substances Notification Regulations (Organisms) to facilitate the addition of living organisms to the Domestic Substances List (DSL) by the Minister of the Environment (the Minister).

The following regulations (collectively referred to as “the nine regulations”) have been identified for amendments as part of this omnibus regulatory process:

1. Contaminated Fuel Regulations;
2. Benzene in Gasoline Regulations;
3. Tributyltetradecylphosphonium Chloride Regulations;
4. Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations;
5. Solvent Degreasing Regulations;
6. New Substances Notification Regulations (Chemicals and Polymers);
7. New Substances Notification Regulations (Organisms) [NSNR(O)];
8. Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations; and
9. Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations.

Objectives

The objectives of the proposed Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999 (the proposed amendments) are to

• Improve the clarity and consistency of the regulatory texts and respond to concerns, comments and recommendations from the SCC, the SJCSR and the CESD;
• Reduce the burden of drafting Schedule 3 notifications under the NSNR(O) for low-risk agricultural field studies that meet prescribed safety criteria; and
• Require the provision of a notice under the NSNR(O) to facilitate the addition of living organisms to the DSL.

Description

The Department proposes to amend the nine regulations within an omnibus process in order to make required changes to improve the clarity and consistency of the regulatory texts and to keep references to standards up to date. In general, proposed changes would not have an incremental impact on compliance or administrative costs with the exceptions of the agricultural field study exemption in the NSNR(O) [proposed amendment 7.3] and the requirement to inform the Minister that importing and manufacturing has begun under the NSNR(O), which would facilitate the addition of living organisms to the DSL (proposed amendment 7.4).

The proposed amendments to their respective regulations are found below.

1. Contaminated Fuel Regulations

The Contaminated Fuel Regulations prohibit the import and export of contaminated fuel subject to certain exemptions. Potential contaminants in fuel include sulphur, phosphate, heavy metals (e.g. lead, chromium, cadmium, nickel, vanadium and zinc) and chlorinated hydrocarbons (e.g. PCBs). The Regulations will help to provide the continuous protection of Canadian citizens and the environment from the potential exposure to fuels containing toxic substances.

The proposed amendments would make changes to the Regulations to add clarity to the regulatory text. The proposed amendments would

• 1.1 Provide a definition of “appropriate authority” to define from whom regulatees would need to receive authorization or permission in order to export contaminated fuels;
• 1.2 Replace the word “inspector” with “enforcement officer” in section 6 of the Regulations to align the Regulations with CEPA, which does not use the term “inspector”;
• 1.3 Replace information required from regulatees in paragraph 5(1)(k) from “the class and name of the dangerous goods that contaminate each fuel” to “the class and name of each dangerous good that contaminates the fuel”. This change would clarify that the information pertains to “each” dangerous good;
• 1.4 Add a new record-keeping requirement to include the purpose of each imported contaminated fuel to the existing record-keeping requirements in subsection 5(1) of the Regulations. The Regulations prohibit the importation of contaminated fuels, but provide an exemption for import for the purposes of destruction, disposal or recycling. Even though there are currently no known imports of contaminated fuels in Canada, this change would allow enforcement officers to determine whether such imports would be prohibited or exempted.

2. Benzene in Gasoline Regulations

The Benzene in Gasoline Regulations set limits for the amount of benzene in gasoline. The Regulations also control another parameter, the benzene emissions number. This number sets parameters around the gasoline's formulation to limit how much benzene will be formed when the gasoline is combusted, and further reduces emissions of benzene from vehicle exhaust. The proposed amendments would update references and standards. The proposed amendments would

• 2.1 Remove the reference CAN/CGSB-3.5-94, (see footnote 2) Unleaded Automotive Gasoline, from the definition of “northern supply area” and replace it with the geographical areas/zones. The 2011 version of CAN/CGSB-3.5-94 geographical areas/zones no longer provides a defined northern region that can be referenced by the Regulations;
• 2.2 Remove paragraph 5(4)(a), which prescribes the method to use for measuring the concentration of sulphur in gasoline before December 31, 2003, because this paragraph is no longer in effect;
• 2.3 Replace the reference ASTM-D4855-97, (see footnote 3) Standard Practice for Comparing Test Methods, which has been withdrawn, with ASTM International method D6708-13, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material, in paragraph 6(2)(a). This method prescribes how a person validates that two different test methods which measure the same fuel property provide results that are equivalent; and
• 2.4 Update references to standards or test methods in sections 1, 5 and 6 with the most recent versions by changing the name and number of the standards or test methods. These changes would not modify the requirements of the Regulations, as the Regulations already specify that the references to standards and test methods are as amended from time to time.

The proposed amendments would also clarify the regulatory text and make minor technical changes to address issues identified by the Department. The proposed amendments would

• 2.5 Change the deadline for the submission of compliance plans in subsections 21(1) and 21(2) from 150 to 60 days before the beginning of the first year for which a primary supplier has elected to meet a requirement on the basis of a yearly pool average. This change would align compliance plan deadlines with yearly pool average election deadlines and provide additional flexibility for regulatees;
• 2.6 Add a provision to enable electronic reporting and remove the requirement to send information by registered mail or courier;
• 2.7 Modify the definition of “auditor” to ensure consistency with the definition of “auditor” in other federal fuels regulations, such as the Renewable Fuels Regulations, and modify subsection 22(1) to reflect the change. These changes would remove an incorrect reference to the SCC in the current definition, broaden the pool of qualified auditors by adding the qualification ISO 14000 series, and add that an auditor may either be an individual or a firm; and
• 2.8 Replace “tension de vapeur” with “pression de vapeur” throughout the French version of the Regulations to update the terminology to be consistent with the wording being used in the International System of Units.

3. Tributyltetradecylphosphonium Chloride Regulations

The Tributyltetradecylphosphonium Chloride Regulations prohibit the use, processing, offer for sale, sale and importation into Canada of tributyltetradecylphosphonium chloride and impose conditions on its manufacture.

• 3.1 The proposed amendments would modify the English version of paragraph 4(c) of the Regulations by replacing “spill” with “release” to align the French and English versions and to be consistent with CEPA.

4. Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations

The Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations reduce releases of tetrachloroethylene (PERC) into the environment from dry cleaning facilities by requiring efficient dry cleaning machines, good waste collection and disposal practices and the control of PERC releases.

• 4.1 The proposed amendments would modify the Regulations by clarifying that all wastewater must either be treated on-site or transported to a waste management facility, by adding “all” to “waste water” in subsection 8(1). This change would also improve the consistency with the waste residue disposal requirements of subsection 9(1) and remove any ambiguity in this subsection of the regulatory text; the proposed amendments would clarify the Regulations and would not create new obligations for regulatees.

5. Solvent Degreasing Regulations

The Solvent Degreasing Regulations reduce the release of trichloroethylene (TCE) and tetrachloroethylene (PERC) into the environment from solvent degreasing facilities using more than 1 000 kg of TCE and PERC per year.

• 5.1 The proposed amendments would modify the French version of paragraph 8(a) of the Regulations by replacing “suivant celle où a lieu la vente” by “où a lieu la vente” to align the regulatory text with the English version with regard to the time period for reporting under paragraph 8(a).

6. New Substances Notification Regulations (Chemicals and Polymers)

In 2005, the New Substances Notification Regulations (NSNR) were replaced by two regulations: the New Substances Notification Regulations (Chemicals and Polymers) and the NSNR(O). The New Substances Notification Regulations (Chemicals and Polymers) prescribe the requirements for the notification of new substances so that an assessment of the potential risks to the environment and human health can be completed, and any appropriate risk management measures can be implemented, prior to the substances' import into, or manufacture in Canada. The proposed amendments would make changes to the Regulations to address comments and concerns raised by the SJCSR and ensure consistency between the English and French versions. The proposed amendments would

• 6.1 Modify subsection 8(2) to provide clarification on the notification and information requirements for regulatees. The Regulations set out the information that a person must provide to the Minister of the Environment before manufacturing or importing a chemical or polymer that is not on the DSL. (see footnote 4) The Regulations also contain reduced information requirements for substances on the Non-Domestic Substances List (see footnote 5) (NDSL). The proposed amendments would specify that a person who has previously submitted information on a substance prior to its addition to the NDSL, and who now wants to manufacture or import that substance, may advise the Minister to consider this information as having been submitted to meet the requirements for NDSL substances;
• 6.2 Make the following changes in the schedules of the Regulations
  • • Replace the phrase “risque d'être rejetée” with “prévu que la substance sera rejetée” or “prévu que le polymère sera rejeté” in some schedules of the French version of the Regulations to align it with English version equivalent of “anticipated”;
  • • Correct a discrepancy between the English and French versions by replacing “that are relevant to identifying hazards” with “that permit the identification of hazards” in multiple schedules of the English version of the Regulations;
  • • Replace “which they ought to have access” with “which they may reasonably be expected to have access” in the English version and replace “elle devrait avoir accès” with “elle peut normalement avoir accès” in the French version to harmonize the regulatory text with section 46 of CEPA;
  • • Replace the word “polymère” with “substance chimique” in paragraph 8(f) of Schedule 5 and replace the word “substance” with “polymère” in paragraphs 11(b) and (c) of Schedule 11 of the French version to better align with the rest of these two schedules; and
  • • Harmonize the French and English versions of multiple schedules by amending the French version to include a description of the capacity and the type of container in the required information.

The proposed amendments would also

• 6.3 Clarify the definitions of biochemical and biopolymer in subsection 1(1) by reorganizing the regulatory text and adding “other than a polymer” to the definition of biochemical. This change would exclude polymers from the definition of biochemical since there is a definition of biopolymer in the Regulations; and
• 6.4 Update the mailing address in subsection 14(2).

7. New Substances Notification Regulations (Organisms) [NSNR(O)]

The NSNR(O) prescribe the requirements for the notification of new living organisms so that an assessment of the potential risks to the environment and human health can be completed, and any appropriate risk management measures can be implemented, prior to the organisms' import into, or manufacture in Canada.

The proposed amendments would modify the Regulations to address comments and concerns raised by the SJCSR and ensure consistency between both versions. The proposed amendments would

• 7.1 Add “et y sont présents” in the French version in paragraphs 2(3)(b), (c) and (d) to align it with the English version equivalent of “… and present”;
• 7.2 Make the following changes in the schedules of the Regulations:
  • • Correct a discrepancy between the English and French versions by changing “that are relevant to identifying hazards” with “that permit the identification of hazards” in multiple schedules of the English version of the Regulations;
  • • Replace “which the person ought reasonably to have access” with “which the person may reasonably be expected to have access” in the English version and replace the verb “devrait” with “peut” in the French version to harmonize the regulatory text with section 46 of CEPA; and
  • • Replace “protected areas” in Schedule 3 of the Regulations with “any national, provincial or territorial parks, wildlife reserves or migratory bird sanctuaries that have been established by federal or provincial law and are located within 100 km from the site” to clarify what is meant by protected areas.
• 7.3 Under the Regulations, a researcher must submit a notification under Schedule 3 when a living micro-organism is isolated from the environment and grown off-site for use in an experimental field study (e.g. agriculture, forestry, soil remediation and other settings). Since 2011, 50 notifications were received for common, naturally occurring plant pathogens used in agricultural field studies. In all cases, the health and environmental risks of these studies were found to be low due to the safety practices which are commonly followed by agricultural researchers.
• The proposed amendments would exempt researchers from notification under Schedule 3 for micro-organisms used in agricultural field studies meeting the following safety criteria:
  • • Study is only conducted and supervised by a researcher with plant pathogen expertise;
  • • The micro-organism has not been modified from its natural form and has been isolated from the same region where the study took place (ecozone);
  • • Manufacture of the micro-organism for the purpose of the study employs good laboratory and field handling practices to minimize contamination and risk;
  • • The study is conducted in a manner that follows field and sanitation practices to prevent dispersal of the micro-organism outside the field study area; and
  • • Procedures are in place to ensure that the micro-organism is transferred only to individuals who are aware and capable of meeting these safety criteria.
• 7.4 The proposed amendments would add a requirement for manufacturers and importers, who have provided information specified under Schedules 1 or 5 of the Regulations, to inform the Minister of the Environment when a living organism has been imported into or manufactured in Canada. This notice would facilitate the addition of the living organism to the DSL by the Minister. When an organism is added to the DSL, it is no longer subject to the Regulations, and anyone interested in importing or manufacturing the organism can do so without submitting a new notification for risk assessment.
• This change would require those who provided information specified under Schedule 1 or 5 to inform the Minister that importing and manufacturing the organism has begun. Satisfying the Minister of the Environment and the Minister of Health that the organism has been imported or manufactured is one of the conditions required under section 112 of CEPA to qualify the organism for addition to the DSL. This provision was omitted unintentionally when the Regulations were made in 2005.
• 7.5 Replace references to the “Laboratory Biosafety Guidelines” with “Canadian Biosafety Standards and Guidelines” to update the name to the latest version; and
• 7.6 Update the mailing address in subsection 8(2).

8. Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations

The Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations establish concentration limits for VOCs in 14 categories of automotive refinishing products. The proposed amendments would make changes to Regulations to address comments and concerns raised by the SJCSR. The proposed amendments would

• 8.1 Replace “(i)” with “(2)(i)” in subsection 2(3) of the Regulations to improve the clarity of the regulatory text;
• 8.2 Harmonize both versions by adding the text “for the applicant” in paragraph 5(1)(a) of the English version of the Regulations; and
• 8.3 Modify subsection 10(2) of the Regulations to clarify that the person who sells or offers for sale would not have to indicate a date of manufacture or code on the container if the manufacturer or importer has already done so.

9. Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations

The Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations establish mandatory VOC concentration limits for 53 categories of architectural coatings. The proposed amendments would modify the Regulations to address comments and concerns raised by the SJCSR. The proposed amendments would

• 9.1 Harmonize both versions by adding the text “for the applicant” in paragraph 10(1)(a) of the English version of the Regulations;
• 9.2 Modify section 17 of the Regulations to clarify that the person who sells or offers for sale would not have to indicate a date of manufacture or code on the container if the manufacturer or importer has already done so; and
• 9.3 Replace, in the French version, the word “film” with “feuil” to correct a grammatical error under various architectural coating definitions set out in column 1 of the Schedule.

The proposed amendments would also

• 9.4 Align the French version with the English version of subsection 1(2), regarding incorporation by reference, and clarify the regulatory text regarding references to standards and methods in sections 13, 14 and 16. These changes would not modify the requirements of the Regulations.

“One-for-One” Rule

The “One-for-One” Rule would apply to the proposed amendments, which are considered an “OUT” under the Rule. Two of the proposed regulatory changes would result in an overall net reduction of administrative burden while the other proposed amendments would result in no change in administrative costs to businesses.

The inclusion of the agricultural field study exemption in the NSNR(O) [proposed amendment 7.3] is expected to reduce the number of submissions per year by approximately 10 notifications. This estimate is based on the number of private sector companies in Canada who work in this sector, the number of notifications received in the past from private sector companies, and on communication with private sector companies. Each notification is estimated to require 40 hours for drafting; 220 hours for information retrieval, either to gather test results or literature review; 32.5 hours for verifying information by legal staff; 130 hours for follow-up and clarification with the Department; and 4 hours for review by senior management.

The addition of a notice to the NSNR(O) to inform the Minister that importing and manufacturing has begun (proposed amendment 7.4) could increase administrative burden for regulatees that are importing and manufacturing a living organism into Canada. The Department estimates that two notices would be submitted per year, with each notice estimated to take 30 minutes to draft. This is a conservative estimate given that notices have been submitted voluntarily.

These estimates of time are based on departmental calculations. They are consistent with the estimated cost of submitting a notification used in the Regulatory Impact Analysis Statement for the NSNR, (see footnote 6) which the Department expects would still be valid. Regulatees were consulted on the estimates of notification costs during the NSNR regulatory process.

Administrative burden is calculated with a wage rate of $42 an hour, with the exception of $50 an hour for legal staff and $60 an hour for senior management. These wage rates are based on the average hour wage rates from the labour force survey. (see footnote 7)
Overall, the proposed amendments are expected to reduce annualized administrative burden by $147,659, or $12,305 per business. (see footnote 8)

Small business lens

The small business lens would not apply to the proposed amendments since the cost impact would be below $1 million annually, and the cost impact per small business would be negligible and not considered disproportionate.

Consultation

Given that the proposed amendments would improve the clarity and consistency of regulatory texts and that they are mostly minor in nature, consultations with stakeholders were limited.

The CEPA National Advisory Committee (NAC) (see footnote 9) was provided with an opportunity to advise both the Minister of the Environment and the Minister of Health on the proposed amendments; however, no responses were received.

With respect to proposed amendment 7.3, WebEx sessions were held on March 21 and April 5, 2013, with participants from Agriculture and Agri-Food Canada, two industry associations representing the agriculture industry, and one scientific research association. All stakeholders consulted fully support the objectives of the amendments and the proposed exemption criteria. Furthermore, letters were sent out to four industry associations representing the agriculture industry and five environmental and health non-governmental organizations in July 2015. One industry association representing the agriculture industry provided comments indicating full support for proposed amendment 7.3.

With respect to proposed amendment 7.4, stakeholders were consulted, and were supportive of the provisions when they were first introduced in 2003. (see footnote 10) Despite the fact that the requirement was unintentionally omitted in 2005, the Department has continued to request information on a voluntary basis to facilitate the addition of organisms to the DSL by the Minister. Therefore, the Department believes stakeholders are familiar with the process and would continue to be supportive.

Following prepublication in the Canada Gazette, Part I, the Department will communicate with representatives of stakeholders of the NSNR(O) to consult them on the proposed amendments (7.3 and 7.4) and the assumptions behind the “One-for-One” Rule calculations.

As well, the Department plans to notify key stakeholders of each regulation to inform them of proposed changes and the opportunity to comment. No additional notifications are planned for the proposed change to the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations, as the proposed amendment (4.1) for these Regulations would only clarify the current regulatory text, and the compliance promotion activities carried out with all stakeholders in 2015 included clarification that all wastewater must be either treated on site or transported to a waste management facility.

Rationale

The proposed amendments would respond to the concerns, comments and recommendations identified by the SJCSR, the SCC, and the CESD, and address numerous minor issues and inconsistencies in the current regulatory texts of the nine regulations. As well, the proposed amendments would include an exemption and reinstate an omitted requirement to the NSNR(O). By addressing the proposed amendments collectively under an omnibus regulatory process, the Department would make the many necessary changes to the texts in the most effective and efficient manner possible.

The impact of the proposed amendments on regulatees is expected to be minimal, as most of the proposed amendments are relatively minor in nature. Most of the proposed changes related to compliance components are not expected to have impacts on regulatees, as they would clarify the existing regulatory text.

The agricultural field study exemption of the NSNR(O) [proposed amendment 7.3] would result in reduced administrative and financial burdens for those conducting agricultural field studies and ensure that agricultural research is not delayed by the need to notify and wait for a risk assessment to be concluded in advance of beginning the field study. Given the safety criteria associated with the exemption, health and environmental risks associated with the proposed amendment are expected to be minimal. Regulatees were contacted regarding this proposed amendment in July 2015, and no concerns were expressed.

As a result of proposed amendment 7.4, regulatees that provide information specified under Schedule 1 or 5 of the NSNR(O) could face increased administrative costs to inform the Minister that importing and manufacturing has begun. However, given that this notice has been submitted voluntarily, this is expected to be minimal. The information provided would facilitate the addition of the organism to the DSL, which, in turn, would allow the use of the organism without a new notification.

Overall, taking into consideration the benefits, including the reduction in administrative burden costs for businesses, the proposed amendments are expected to result in an overall benefit for Canadians.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, (see footnote 11) a preliminary scan was conducted for the proposed amendments and concluded that no important environmental effects, either positive or negative, were expected; accordingly, a strategic environmental assessment is not required.

Contacts

Stewart Lindale
Director
Regulatory Innovation and Management Systems Division
Department of the Environment
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 819-420-7792
Fax: 819-420-7386
Email: ec.affairesreglementaires-regulatoryaffairs.ec@canada.ca

Yves Bourassa
Director
Regulatory Analysis and Valuation Division
Department of the Environment
200 Sacré-Cœur Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 873-469-1452
Fax: 819-938-3407
Email: ec.darv-ravd.ec@canada.ca

PROPOSED REGULATORY TEXT

Notice is given, pursuant to subsection 332(1) (see footnote a) of the Canadian Environmental Protection Act, 1999 (see footnote b), that the Governor in Council, pursuant to section 89, subsection 93(1) and section 114 of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999.

Any person may, within 75 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or, within 60 days after the date of publication of this notice, file with the Minister a notice of objection requesting that a board of review be established under section 333 of that Act and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Stewart Lindale, Director, Regulatory Innovation and Management Systems, Legislative and Regulatory Affairs Directorate, Department of the Environment, Gatineau, Quebec K1A 0H3 (fax: 819-420-7386; email: ec.affairesreglementaires-regulatoryaffairs.ec@ canada.ca).

A person who provides the Minister with information may submit with the information a request for confidentiality under section 313 of that Act.

Ottawa, September 22, 2016

Jurica Čapkun
Assistant Clerk of the Privy Council

Regulations Amending Certain Regulations Made Under Section 89, Subsection 93(1) and Section 114 of the Canadian Environmental Protection Act, 1999

Contaminated Fuel Regulations

1 The long title of the Contaminated Fuel Regulations (see footnote 12) is replaced by the following:

Contaminated Fuel Regulations

2 Section 1 of the Regulations and the heading before it are repealed.

3 Section 4 of the Regulations is amended by adding the following after subsection (2):

(3) For the purposes of subsection (2), the expression “appropriate authority” means the authority, body or person, of a country who is competent under the laws of that country to authorize the import of contaminated fuel into that country.

4 Subsection 5(1) of the Regulations is amended by striking out “and” at the end of paragraph (j) and by replacing paragraph (k) with the following:

• (k) the class and name of each dangerous good that contaminates the fuel; and
• (l) the purpose for which the contaminated fuel was imported.

5 Section 6 of the Regulations is amended by replacing “inspector” with “enforcement officer”.

Benzene in Gasoline Regulations

6 (1) The definitions auditor and northern supply area in subsection 1(1) of the Benzene in Gasoline Regulations (see footnote 13) are replaced by the following:

auditor means an individual or a firm that is certified, for the purpose of carrying out International Organization for Standardization quality assurance (ISO 14000 or 9000 series) assessments, by the International Register of Certificated Auditors or by any other nationally or internationally recognized accreditation organization. (vérificateur)

northern supply area means Yukon, the Northwest Territories, Nunavut, that part of Quebec that is north of latitude 51°N and that part of Newfoundland and Labrador that is north of latitude 49°N. (zone d'approvisionnement du Nord)

(2) The portion of paragraph (b) of the definition gasoline in subsection 1(1) of the Regulations before subparagraph (i) is replaced by the following:

• (b) a petroleum distillate, or a mixture of petroleum distillates, oxygenates or additives, that is suitable for use in a spark ignition engine and that has the following characteristics, as determined from the applicable test method listed in the National Standard of Canada standard CAN/CGSB-3.5-2011, Automotive Gasoline:
  

7 Section 5 of the Regulations is replaced by the following:

5 (1) Subject to subsection 6(1), all samples must be taken in accordance with any one of the ASTM International sampling methods specifically set out in section 7 of the National Standard of Canada standard CAN/CGSB-3.5-2011, Automotive Gasoline.

(2) The concentration of benzene and that of aromatics in gasoline referred to in sections 3 and 16 and Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-99, Methods of Testing Petroleum and Associated Products - Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

(3) Subject to subsection 6(2), the concentration of olefins in gasoline referred to in Schedule 3 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-99, Methods of Testing Petroleum and Associated Products - Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

(4) The concentration of sulphur in gasoline referred to in Schedule 1 must be measured in accordance with the ASTM International method D5453-12, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.

(5) The vapour pressure of gasoline at 37.8°C (100°F) referred to in Schedule 1 must be measured in accordance with the ASTM International method D5191-13, Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method) and converted to “dry vapor pressure equivalent” as described in that method.

(6) The evaporative fractions of gasoline at 93.3°C (200°F) and 148.9°C (300°F) referred to in Schedule 1 must be measured in accordance with the ASTM International method D86-12, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure.

(7) The concentration of oxygen in gasoline referred to in Schedule 1 must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0, No. 14.3-99, Methods of Testing Petroleum and Associated Products - Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

(8) The concentration of benzene and that of aromatics in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the National Standard of Canada method CAN/CGSB-3.0 No. 14.3-99, Methods of Testing Petroleum and Associated Products - Standard Test Method for the Identification of Hydrocarbon Components in Automotive Gasoline Using Gas Chromatography.

(9) The concentration of benzene and that of aromatics in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with the ASTM International method D2163-14e1, Standard Test Method for Determination of Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene Mixtures by Gas Chromatography.

(10) The concentration of sulphur in oxygenates referred to in the definition commercially pure oxygenate in subsection 1(1) must be measured in accordance with the ASTM International method D5453-12, Standard Test Method for Determination of Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by Ultraviolet Fluorescence.

(11) The concentration of sulphur in butane referred to in the definition commercially pure butane in subsection 1(1) must be measured in accordance with the ASTM International method D6667-14, Standard Test Method for Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence.

8 (1) The portion of subsection 6(1) of the Regulations before paragraph (a) is replaced by the following:

6 (1) When the sampling method specified in subsection 5(1) cannot be reasonably applied, another sampling method may be used by the primary supplier if, at least 60 days before the use of the method, the primary supplier sends the Minister

(2) Paragraphs 6(2)(a) and (b) of the Regulations are replaced by the following:

• (a) the equivalency of the alternative method to the normally applicable method be validated in accordance with the ASTM International method D6708-13, Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material, or the ASTM International method D3764-13, Standard Practice for Validation of the Performance of Process Stream Analyzer Systems; and
• (b) the primary supplier sends the Minister, at least 60 days before using the alternative method, a description of the alternative method and evidence that demonstrates that it provides results equivalent to those provided by the normally applicable method.

9 The Regulations are amended by adding the following after section 8:

8.1 (1) Any information, report or notice that is required, or any application that is made, under these Regulations must be sent electronically in the form and format specified by the Minister and must bear the electronic signature of an authorized official.

(2) If the Minister has not specified an electronic form and format or if it is impractical to send the information, report, notice or application electronically in accordance with subsection (1) because of circumstances beyond the control of the person sending it, they must send it on paper, signed by an authorized official, in the form and format specified by the Minister. However, if no form and format have been so specified, the information may be in any form and format.

10 Subsections 15(1.1) and (2) of the Regulations are replaced by the following:

(1.1) A primary supplier who elects under subsection (1) shall notify the Minister at least 60 days before the start of the first year for which the basis will be a yearly pool average.

(2) A primary supplier may cancel the election by notifying the Minister any time prior to 60 days before the start of the first year for which the basis will not be a yearly pool average.

11 The portion of paragraph 19(6)(a) of the Regulations before subparagraph (i) is replaced by the following:

• (a) a report is sent to the Minister at least 60 days before the use of the statistical quality assurance program, containing

12 (1) The portion of subsection 21(1) of the Regulations before paragraph (a) is replaced by the following:

21 (1) Effective 60 days before the beginning of the first year for which a primary supplier has elected to meet a requirement on the basis of a yearly pool average, the primary supplier must put in place a compliance plan that contains

(2) Subsections 21(2) and (3) of the Regulations are replaced by the following:

(2) The compliance plan must be signed by an authorized official of the primary supplier and sent to the Minister at least 60 days before the beginning of the first year for which the primary supplier has elected to meet a requirement on the basis of a yearly pool average.

(3) At least 45 days before a primary supplier changes any information provided under subsection (1), the primary supplier must update the compliance plan and submit it to the Minister.

13 Subsection 22(1) of the Regulations is replaced by the following:

22 (1) For each year for which the basis is a yearly pool average elected under section 15, a primary supplier must have an auditor who is independent of the primary supplier perform an audit to verify that the primary supplier's systems, practices and procedures are, in the auditor's opinion, appropriate to demonstrate compliance with these Regulations and that the records and reports required by these Regulations are complete and accurate.

14 The reference to “tension” is replaced by “pression” in the French version of the Regulations in the following provisions:

• (a) subparagraph (b) (i) of the definition of “essence” in subsection 1(1);
• (b) paragraph (c) of the definition of “paramètres du modèle” in subsection 1(1);
• (c) subsection 5(5);
• (d) the definition of “RVP” in item 1 of Schedule 1;
• (e) the portion of item 3 of the table of item 2 of Schedule 3 in column 1.

Tributyltetradecylphosphonium Chloride Regulations

15 Paragraph 4(c) of the English version of the Tributyltetradecylphosphonium Chloride Regulations (see footnote 14) is replaced by the following:

• (c) manufactures it using a fully contained process by which the containment of the substance is ensured by various pollution control or recovery technologies, including emergency containment, in order to prevent any release into the environment.
  

Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations

16 The portion of subsection 8(1) of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (see footnote 15) before subparagraph (b)(i) is replaced by the following:

8 (1) The owner or operator of a dry-cleaning machine shall have all waste water

• (a) transported to a waste management facility no less than once every 12 months; or
• (b) treated by the dry-cleaning machine's or the carbon adsorber's integral tetrachloroethylene-water separator and an on-site waste water treatment system that contains the following equipment:
  

Solvent Degreasing Regulations

17 Paragraph 8(a) of the French version of the Solvent Degreasing Regulations (see footnote 16) is replaced by the following:

• a) présente au ministre, sur un formulaire fourni par lui et au plus tard trente jours après la fin de l'année où a lieu la vente, un rapport contenant les renseignements prévus à l'annexe 7;

New Substances Notification Regulations (Chemicals and Polymers)

18 The definitions biochemical and biopolymer in subsection 1(1) of the New Substances Notification Regulations (Chemicals and Polymers) (see footnote 17) are replaced by the following:

biochemical means a substance, other than a polymer, that

• (a) is produced by a micro-organism; or
• (b) is a protein or nucleic acid that is derived from a plant or an animal. (substance biochimique)

biopolymer means a polymer that

• (a) is produced by a micro-organism; or
• (b) is a protein or nucleic acid that is derived from a plant or an animal. (biopolymère)

19 Subsection 8(2) of the Regulations is replaced by the following:

Notification

(2) Any person that submitted the information referred to in paragraph (1)(b), together with the information referred to in item 10 of Schedule 5, in respect of a chemical or biochemical that is subsequently added to the NDSL may, once the listing has occurred, advise the Minister, in writing, that that information is to be considered as having been submitted under paragraph 7(1)(b).

20 Subsection 14(2) of the Regulations is replaced by the following:

Recipient

(2) Two copies of any information provided under these Regulations must be sent in English or French to the Minister, care of the Substances Management Coordinator, Department of the Environment, Ottawa, Ontario K1A 0H3.

21 Paragraphs 8(f) and (g) of Schedule 1 to the French version of the Regulations are replaced by the following:

• f) le type de contenant utilisé pour entreposer ou transporter la substance et la capacité de ce contenant;
• g) l'indication des éléments naturels de l'environnement où il est prévu que la substance sera rejetée;

22 Item 9 of Schedule 1 to the Regulations is replaced by the following:

9 A summary of all other information and test data in respect of the chemical that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the chemical.

23 Paragraphs 15(f) and (g) of Schedule 3 to the French version of the Regulations are replaced by the following:

• f) le type de contenant utilisé pour entreposer ou transporter le polymère et la capacité de ce contenant;
• g) l'indication des éléments naturels de l'environnement où il est prévu que le polymère sera rejeté;

24 Item 16 of Schedule 3 to the Regulations is replaced by the following:

16 A summary of all other information and test data in respect of the polymer that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the polymer.

25 (1) Paragraphs 8(b) and (c) of Schedule 5 to the French version of the Regulations are replaced by the following:

• b) le type de contenant utilisé pour entreposer ou transporter la substance et la capacité de ce contenant;
• c) l'indication des éléments naturels de l'environnement où il est prévu que la substance sera rejetée;

(2) Paragraph 8(f) of Schedule 5 to the French version of the Regulations is replaced by the following:

• f) une indication selon laquelle la substance chimique sera utilisée ou non dans des produits destinés aux enfants;

26 Item 9 of Schedule 5 of the Regulations is replaced by the following:

9 A summary of all other information and test data in respect of the chemical that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the chemical.

27 Paragraph 5(b) of Schedule 10 to the French version of the Regulations is replaced by the following:

• b) le type de contenant utilisé pour entreposer ou transporter le polymère et la capacité de ce contenant;

28 Item 6 of Schedule 10 to the Regulations is replaced by the following:

6 A summary of all other information and test data in respect of the polymer that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the polymer.

29 Paragraphs 11(b) and (c) of Schedule 11 to the French version of the Regulations are replaced by the following:

• b) le type de contenant utilisé pour entreposer ou transporter le polymère et la capacité de ce contenant;
• c) l'indication des éléments naturels de l'environnement où le polymère risque d'être rejeté;

30 Item 12 of Schedule 11 of the Regulations is replaced by the following:

12 A summary of all other information and test data in respect of the polymer that are in the possession of the manufacturer or importer or to which they may reasonably be expected to have access and that permit the identification of hazards to the environment and human health and the degree of environmental and public exposure to the polymer.

New Substances Notification Regulations (Organisms)

31 (1) The definition Laboratory Biosafety Guidelines in subsection 1(1) of the New Substances Notification Regulations (Organisms) (see footnote 18) is repealed.

(2) Subsection 1(1) of the Regulations is amended by adding the following in alphabetical order:

Canadian Biosafety Standards and Guidelines means the Canadian Biosafety Standards and Guidelines, 1st Edition, published in 2013 by the Public Health Agency of Canada and the Canadian Food Inspection Agency, as amended from time to time. (Normes et lignes directrices canadiennes sur la biosécurité)

32 Paragraphs 2(3)(b) to (d) of the Regulations are replaced by the following:

• (b) subject to paragraphs (c) and (d), manufactured and present at any one time in a contained facility in a quantity of less than 1 000 L, unless the micro-organism requires containment level 2, 3 or 4 as identified in the Canadian Biosafety Standards and Guidelines;
• (c) manufactured and present at any one time in a contained facility in a quantity of less than 250 L and requires containment level 2 as identified in the Canadian Biosafety Standards and Guidelines; or
• (d) a human pathogen manufactured and present at any one time in a contained facility in a quantity of less than 250 L and requires containment level 3 or 4 as identified in the Canadian Biosafety Standards and Guidelines, and if an import permit or an approval in writing to transfer has been granted in respect of the micro-organism under the Human Pathogens Importation Regulations.
  

33 The Regulations are amended by adding the following after section 2:

Agricultural research study — micro-organisms

2.1 (1) Despite subsection 3(5), if the following conditions are met, these Regulations do not apply in respect of a micro-organism that is a research and development organism for introduction in an agricultural research study:

• (a) the study is conducted and supervised by an agronomist, a plant pathologist or a researcher who is trained in conducting agricultural research;
• (b) the micro-organism
  • (i) is not modified from its natural form and occurs naturally in, and has been isolated from, an ecozone that is the same as the one in which the study is located, and
  • (ii) is identified at a taxonomic level that enables the persons referred to in paragraph (a) to
    • (A) consider its overall characteristics and the potential hazards to the environment and human health that are associated with its release in the study, and
    • (B) ensure that the study is conducted as set out in paragraphs (c) to (e);
• (c) the manufacture of the micro-organism for the purpose of the study, employs laboratory and operation practices to minimize contamination of the formulation and minimize the unintentional release of the micro-organism from the manufacturing facility;
• (d) the study is conducted in a manner that follows field and sanitation practices to minimize the likelihood of the micro-organism's dispersal outside the study area where it may be a hazard to the environment and human health; and
• (e) the manufacturer has operational procedures in place to ensure that physical possession or control of the micro-organism is transferred only to individuals who are made aware of and has reason to believe that they are capable of meeting the conditions of this subsection when conducting the study;
  

Agricultural research study

(2) For the purposes of subsection (1), “agricultural research study” means an experimental field study that is conducted

• (a) on land that is cultivated with annual agricultural crops, such as corn and soybeans;
• (b) on land that is cultivated with perrennials or woody plants that do not have to be replanted for several years such as asparagus, grapevines, fruit trees, Christmas trees, ornamental trees and shrubs destined for nurseries and seedling trees destined for replanting in reforestation, conservation and restoration projects, excluding lands for forestry uses;
• (c) on land that is used for five or more consecutive years to grow herbaceous forage crops that are either cultivated or growing wild; or
• (d) inside a greenhouse that is not a contained facility.
  

34 The Regulations are amended by adding the following after section 4:

Addition to Domestic Substances List — information

4.1 For the purposes of paragraph 112(1)(b) of the Act, a person who provides the information referred to in sections 3 and 4 must also provide — within 30 days after the day on which they manufactured or imported the organism — a notice confirming that manufacture or importation.

35 Subsection 8(2) of the Regulations is replaced by the following:

Recipient

(2) Two copies of any information provided under these Regulations must be sent in English or French to the Minister, care of the Substances Management Coordinator, Department of the Environment, Ottawa, Ontario K1A 0H3.

36 Item 7 of Schedule 1 to the Regulations is replaced by the following:

7 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person's possession or to which the person may reasonably be expected to have access.

37 Item 5 of Schedule 2 to the Regulations is replaced by the following:

5 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person's possession or to which the person may reasonably be expected to have access.

38 Paragraph 3(d) of Schedule 3 to the Regulations is replaced by the following:

• (d) the names of any national, provincial or territorial parks, wildlife reserves or migratory bird sanctuaries that have been established by federal or provincial law and are located within 100 km from the site;

39 Item 8 of Schedule 3 to the Regulations is replaced by the following:

8 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person's possession or to which the person may reasonably be expected to have access.

40 Item 6 of Schedule 4 to the Regulations is replaced by the following:

6 All other information and test data in respect of the micro-organism that permit the identification of hazards to the environment and human health and that are in the person's possession or to which the person may reasonably be expected to have access.

41 Item 7 of Schedule 5 to the Regulations is replaced by the following:

7 All other information and test data in respect of the organism that permit the identification of hazards to the environment and human health and that are in the person's possession or to which the person may reasonably be expected to have access.

42 The Regulations are amended by replacing “Laboratory Biosafety Guidelines” with “Canadian Biosafety Standards and Guidelines” in the following provisions:

• (a) the definition “contained facility” in subsection 1(1);
• (b) the portion of subsection 2(3) before paragraph (a); and
• (c) paragraph 2(c) of Schedule 2.

Volatile Organic Compound (Voc) Concentration Limits for Automotive Refinishing Products Regulations

43 Subsection 2(3) of the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations (see footnote 19) is amended by replacing “(i)” with “(2)(i)”.

44 Paragraph 5(1)(a) of the English version of the Regulations is replaced by the following:

• (a) the applicant has provided evidence that, at the time of the application, it is not technically or economically feasible for the applicant to reduce the VOC concentration in the product to the limit set out in column 2 of the schedule for that product;

45 Subsection 10(2) of the Regulations is replaced by the following:

Manufacture date — seller

(2) A person that offers for sale or sells any product set out in the schedule must, if the manufacturer or importer has failed to indicate the date or code referred to in subsection (1) on the container in which the product is to be offered for sale, or sold, indicate that date or that code on the container and must provide the Minister, on request, with an explanation of the code.

Volatile Organic Compound (Voc) Concentration Limits for Architectural Coatings Regulations

46 Subsection 1(2) of the French version of the Volatile Organic Compound (VOC) Concentration Limits for Architectural Coatings Regulations (see footnote 20) is replaced by the following:

Incorporation par renvoi

(2) Dans le présent règlement, toute mention d'une norme ou d'une méthode incorporées par renvoi constitue un renvoi à la norme ou à la méthode avec ses modifications successives.

47 Paragraph 10(1)(a) of the English version of the Regulations is replaced by the following:

• (a) the applicant has provided evidence that, at the time of the application, it is not technically or economically feasible for the applicant to reduce the VOC concentration in the product to the limit set out in column 2 of the schedule for that product;

48 Section 13 of the Regulations is amended by adding the following after subsection (2):

Reference to standards

(3) Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time the determination under subsection (1) is made.

49 Section 14 of the Regulations is amended by adding the following after subsection (3):

Reference to standards

(4) Any reference to a standard in this section is a reference to the version of that standard that is in effect at the time the determination under subsection (1) is made.

50 Section 16 of the Regulations is replaced by the following:

Accredited laboratory

16 Any laboratory that performs an analysis for the purposes of these Regulations must be accredited under the version of the International Organization for Standardization standard ISO/IEC 17025:2005, entitled General requirements for the competence of testing and calibration laboratories that is in effect at the time of the analysis and whose accreditation must include the analysis in question within its scope of testing.

51 (1) The portion of subsection 17(1) of the Regulations before paragraph (a) is replaced by the following:

Required information — manufacturer or importer

17 (1) Any person that manufactures or imports an architectural coating set out in the schedule must indicate, on the container in which the architectural coating is to be sold, the following information:

(2) Subsection 17(2) of the Regulations is replaced by the following:

Required information — seller

(1.1) A person that offers for sale or sells an architectural coating set out in the schedule must indicate the information set out in subsection (1) on the container in which the coating is to be sold if the manufacturer or importer has failed to do so in accordance with that subsection.

• 
  Effective date
• (2) Subject to subsection 4(2), subsections (1) and (1.1) take effect in respect of each architectural coating set out in the schedule

• (a) for the manufacturer or the importer referred to in subsection (1), on the corresponding anniversary of the day on which these Regulations come into force as set out in column 3 of the schedule; or
• (b) for the seller or the person offering for sale referred to in subsection (1.1), two years after the corresponding anniversary of the day on which these Regulations come into force as set out in column 3 of the schedule.

52 Column 1 of the table to subsection 1(2) of the Schedule to the French version of the Regulations is amended by replacing “film” with “feuil” in the following provisions:

• (a) item 28;
• (b) item 32;
• (c) item 35;
• (d) item 40; and
• (e) paragraph 43(c).

Coming into Force

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

[40-1-o]