Lavery Lawyers
  May 22, 2008 - Canada

Prohibition of Certain Toxic Substances Regulations, 2008 – Environment Canada Consultation

Prohibition of Certain Toxic Substances Regulations 2008 - Environment Canada Consultation Document

Environment Canada hold consultations in January 2008 on modifications to the Prohibition of Certain Toxic Substances Regulations, 2005 that would prohibit the manufacture, use, sale, offer for sale and importation of certain toxic substances. The modified regulations would replace the Prohibition of Certain Toxic Substances Regulations, 2005.

Environment Canada has prepared a Consultation Document that provides an overview of the proposed amendments in the draft Prohibition of Certain Toxic Substances Regulations, 2008. This Consultation Document can be accessed at http://www.ec.gc.ca/RegistreLCPE/documents/part/tcs-sct/cons_08.cfm

The amendments that EC wishes to make to the regulations are intended to ensure terminology that is consistent with the terminology used in section 93 of the CEPA and to ensure consistency between the French and English versions of the regulations. EC also intends to clarify the requirements regarding the prohibition of substances, ease the burden of the reporting requirements for industry and clarify the text of the regulations by making administrative amendments.

List of Notices, Orders-in-COuncul and Ministerial Conditions Published in December 2007

·Significant New Activity Notice No. 14888 in respect of the substance Siloxanes and Silicones, substituted alkyl Me, di-Me, Me substituted alkyl, polymers with stearyl acrylate, polyfluoro methacrylate and vinyl chloride, [(2007), 141 Can. Gaz. I, p. 3292]

·Significant New Activity Notice No. 15007 in respect of the substance Silane, trimethoxypropyl-, hydrolysis products with silica, [(2007), Can. Gaz. I, p. 3586]

·Notice with respect to reporting of information on air pollutants, greenhouse gases and other substances for the 2006 calendar year, [(2007), 141 Gaz. Can. I, Supplement following p. 3414]

·Publication after assessment of substance – ethylene glycol – specified on the Priority Substances List, [(2007), 141 Can. Gaz. I, p. 3294]

List of Notices, Orders-in-COuncul and Ministerial Conditions Published in January 2008

·Significant New Activity Notice No. 14892 in respect of the substance Oxirane, (chloromethyl)-, polymer with a-hydro-?-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with polyol, 4,4'-(1-methylethylidene) bisphenol, 2,2'-[(methylethylidene)bis(4,1-phenyleneoxymethylene)] bisoxirane and methyloxirane polymer with oxirane, 2-aminopropyl methyl ether. [(2008), 142 Gaz. Can. I, p. 183]

·Significant New Activity Notice No. EAU-395 in respect of the substance Siloxanes and Silicones, 3-[(2-aminoethyl)amino]propyl Me, di-Me, hydroxyand methoxy-terminated, polymers with polyethylenepolypropylene glycolé [(2008), 142 Can. Gaz. I, p. 69]

·Significant New Activity Notice No. UEE-396 c in respect of the substance Siloxanes and Silicones, 3-[(2-aminoethyl)amino]propyl Me, hydroxy-terminated, polymers with hydrogen terminated di-Me siloxanes and polyethylene glycol bis(2-methyl-2-propen-1-yl) ether, [(2008), 142 Can. Gaz. I, p. 70]

·Ministerial Condition No. 15001 pertaining to the substance Formaldehyde, polymer with N1-(2-aminoethyl)- 2-aminoethyl)-N2-[2-[(2-aminoethyl)amino] ethyl]-1,2-ethanediamine, alkane bis oxymethyleneoxirane, 4,4'-(1-methylethylidene)bis[phenol] and 2,2'-[(1-methylethylidene)bis(4,1-phenyleneoxymethylene)]bis[oxirane], reaction products with Bu glycidyl ether and 1-[[2-[(2-aminoethyl)amino]ethyl]amino]-3-phenoxy-2-propanol, acetates (salts); [(2008), 142 Can. Gaz. I, p. 2]

List of Notices, Orders-in-COuncul and Ministerial Conditions Published in February 2008

·Significant New Activity Notice No. 14978 in respect of the substance Oxirane, [[(2-ethylhexyl)oxy]methyl]-, reaction products with polyethylene glycol ether with 2,4,7,9-tetramethyl-5-decyne-4,7-diol (2:1), [(2008), 142 Can. Gaz. I p. 263]

·Notice with respect to substances in the National Pollutant Release Inventory for 2008 [(2008), 142 Can. Gaz. I, p. 340]

·Notice with respect to reporting of greenhouse gases (GHGs) for 2008, [(2008), 142 Can. Gaz. I, p. 330]

·Notice with respect to Batch 5 Challenge substances, [(2008), 142 Can. Gaz. Can. I, p. 311]

·Notice of fifth release of technical information relevant to substances identified in the Challenge, [(2008), 142 Can. Gaz. I, p. 306]

·Notice of identification of the sixth batch of substances in the Challenge, [(2008), 142 Can. Gaz. I, p. 327]

Draft Regulation respecting greenhouse emissions from motor vehicled and fees for excess emmissions
Like California, Quebec intends to impose standards regulating greenhouse gas emissions from light vehicles. The draft Regulation respecting greenhouse gas emissions from motor vehicles and fees for excess emissions is aimed at reducing anthropic greenhouse gas emissions and promoting more rational use of non-renewable natural resources.

It would subject motor vehicle manufacturers to emission standards for their fleets of passenger vehicles and light trucks for the model years 2010 to 2016. The draft regulation also provides for a system of exchangeable credits. The standards resemble those adopted by the State of California and are among the most demanding in North America.

The motor vehicles covered by the draft regulation are those that:

·are fuelled by gasoline or diesel fuel or partly by one or the other and partly by electricity;

·belong to the 2009 model year or a later model year;

·are sold, leased or otherwise put on the market in Quebec;

·are intended for the transportation of up to 12 persons, or for the transportation of goods.

However, mopeds, motorcycles, emergency vehicles, vehicles used as tools and off highway vehicles are not covered by the draft regulation.

Effective beginning with the 2010 model year, the draft regulation provides that the major motor vehicle manufacturers will be required to pay fees to the Minister of Sustainable Development, Environment and Parks for any exceeding of the maximum emission standards stipulated.

Quebec plans to adopt the regulation at the same time as the northeastern states, which also intend to impose such standards.