Canada Gazette, Part I, Volume 152, Number 28: GOVERNMENT NOTICES

July 14, 2018

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT,1999

Proposed notice requiring the preparation and implementation of pollution prevention plans in respect of reaction products of 2-propanone with diphenylamine (PREPOD), CAS RN 68412-48-6, in industrial effluents

Pursuant to section 91 of the Canadian Environmental Protection Act, 1999 (the “Act”), the Minister of the Environment proposes to publish the annexed Notice under section 56 of the Act. This proposed Notice (the “Notice”) will initiate a 60-day comment period and after review of the comments received, the Minister intends to publish a Final Notice requiring the preparation and implementation of pollution prevention plans in the Canada Gazette, Part I.

The Final Notice will require the preparation and implementation of a pollution prevention plan in respect of reaction products of 2-propanone with diphenylamine (PREPOD), Chemical Abstracts Service Registry Number (CAS RN) 68412-48-6, which is specified on the List of Toxic Substances in Schedule 1 of the Act. The Final Notice will apply to any person or class of persons who owns or operates a facility within the chemical manufacturing and rubber sectors that has an industrial effluent and that manufactures or uses PREPOD, or a mixture or a compound containing PREPOD, and where the quantity of PREPOD is greater than 100 kg in 2019 or any year thereafter.

More information on pollution prevention planning can be found in the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for Implementation. These guidelines and other information relating to pollution prevention and pollution prevention planning can also be found on the Pollution Prevention Planning Notices section of the Government of Canada website.

Marc D’Iorio
Director General
Industrial Sectors, Chemicals and Waste Directorate

On behalf of the Minister of the Environment

PROPOSED NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF REACTION PRODUCTS OF 2-PROPANONE WITH DIPHENYLAMINE (PREPOD), CAS RN 68412-48-6, IN INDUSTRIAL EFFLUENTS

Notice is hereby given that, pursuant to the provisions of subsection 56(1) of Part 4 of the Act, the Minister of the Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of reaction products of 2-propanone with diphenylamine (PREPOD), CAS RN footnote 1 68412-48-6, which is specified on the List of Toxic Substances in Schedule 1 of the Act.

1 Definitions

The definitions in this section apply to this Notice.

“Act” means the Canadian Environmental Protection Act, 1999.

“DIPDMA” means the substance with the common name “diisopropyldimethylacridan” that is used as an indicator of PREPOD presence in industrial effluents.

“Final discharge point”, as defined in section 1 of the Wastewater Systems Effluent Regulations, means “the point, other than an overflow point, of a wastewater system beyond which its owner or operator no longer exercises control over the quality of the wastewater before it is deposited as effluent in water or a place.”

“Level of quantification” (LoQ), as defined in section 65.1 of the Act, means, “in respect of a substance, the lowest concentration that can be accurately measured using sensitive but routine sampling and analytical methods.”

“Minister’’ means the Minister of the Environment.

“Notice” means the Notice requiring the preparation and implementation of pollution prevention plans in respect of reaction products of 2-propanone with diphenylamine (PREPOD), CAS RN 68412-48-6.

“Plan” means a pollution prevention plan.

“Pollution prevention”, as defined in section 3 of the Act, means “the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.”

“PREPOD” means the substance with the CAS RN 68412-48-6, and the name of “reaction products of 2-propanone with diphenylamine” as specified in Schedule 1 of the Act.

2 Person or class of persons required to prepare and implement a plan

(1) The Notice applies to any person or class of persons who owns or operates a facility within the chemical manufacturing and rubber sectors that has an industrial effluent and that manufactures or uses PREPOD, or a mixture or a compound containing PREPOD, and where the quantity of PREPOD is greater than 100 kg in 2019 or any year thereafter.

(2) The Notice applies to any person or class of persons who is the successor or assignee of the persons identified in subsection 2(1).

3 Activities in relation to which the plan is to be prepared

The Minister requires any person or class of persons identified in section 2 to prepare and implement a plan in relation to the manufacture and use of PREPOD.

4 Factors to consider in preparing the plan

The Minister requires any person or class of persons identified in section 2 to consider the following factors when preparing their plan:

(1) Final screening assessment report

PREPOD was declared toxic under section 64 of the Act and was been added to the List of Toxic Substances in Schedule 1 of the Act on December 14, 2016. According to the final screening assessment report, PREPOD is entering or may be entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity. The assessment report for PREPOD is available online.

(2) Risk management objective of the Notice

The risk management objective for this Notice is to reduce the presence of PREPOD in industrial effluents by reducing it below the DIPDMA LoQ of 0.12 ng/L. footnote 2 The objective should be achieved and maintained no later than 42 months after the person or class of persons becomes subject to the Notice.

(3) Sampling and analysis of samples

The sampling and analysis of samples should be completed as described below:

Sampling should be conducted in accordance with the methodology provided by the Environment and Climate Change Canada (ECCC) Burlington National Laboratory for Environmental Testing (NLET) in the Guide for Sampling for 2-Propanone, reaction products with diphenylamine (PREPOD - CAS RN 68412-48-6) in Industrial Effluents available on the Government of Canada website.

Three sampling events should be performed between the preparation and the implementation of the plan. The sampling should be representative of normal operating conditions related to the manufacture or use of PREPOD. Samples should be collected as indicated below:

A diagram representing the timelines for the PREPOD Pollution Prevention (P2) Planning Notice, Sampling and Reporting is available on the Government of Canada website.

The facility will send the samples for analysis to the NLET at the address indicated in the Guide for Sampling for 2-Propanone, reaction products with diphenylamine (PREPOD - CAS RN 68412-48-6) in Industrial Effluents available on the Government of Canada website.

The analysis of DIPDMA, as an indicator of PREPOD presence, will be performed by NLET according to the analytical method it developed. Results of the analysis will be submitted to the facility no later than 45 days after samples have been sent to the laboratory.

All costs related to sampling, with the exception of the analysis of samples done by the NLET, are the responsibility of the person or class of persons subject to the Notice.

(4) Priority to pollution prevention methods

In preparing a plan, a person or class of persons subject to the Notice should give first consideration to pollution prevention activities prior to considering pollution control activities. Pollution prevention is defined in CEPA as “the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.”

5 Period within which the plan is to be prepared

The person or class of persons subject to the Notice will be required to prepare a plan and initiate its implementation no later than 18 months after becoming subject to the Notice, and submit a Declaration of Preparation to ECCC within 30 days after the end of that period, including first sampling results.

6 Period within which the plan is to be implemented

The person or class of persons subject to the Notice will be required to implement the plan no later than 42 months after becoming subject to the Notice, and submit a Declaration of Implementation, including the third sampling results, to ECCC within 30 days after the end of that period.

7 Content of the plan

A person or class of persons identified in section 2 of the Notice is to determine the appropriate content of the plan; however, the plan must meet all the requirements of the Notice. The plan must also contain the information required to file the Declaration of Preparation referred to in section 9 of the Notice and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10 and the Interim Progress Report referred to in section 12 of the Notice.

8 Requirement to keep the plan and record keeping

Under section 59 of the Act, any person or class of persons identified in section 2 of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared. Where a single plan is prepared for more than one facility, a copy of that plan must be kept at each facility.

Any person or class of persons identified in section 2 of the Notice must keep the plan and any records pertaining to the plan for a minimum of five years following the date referred to in section 6 of the Notice.

9 Declaration of Preparation

Under subsection 58(1) of the Act, any person or class of persons identified in section 2 of the Notice must file in writing to the Minister, within 30 days after the end of the period within which the plan is to be prepared as specified in section 5 or extended under section 14, a “Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of PREPOD.” This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 1 of the Notice. Where a person or class of persons has prepared a single plan for several facilities, a separate Declaration of Preparation must be filed for each facility.

10 Declaration of Implementation

Under subsection 58(2) of the Act, any person or class of persons identified in section 2 of the Notice must file in writing to the Minister, within 30 days after the end of the period within which the plan is to be implemented as specified in section 6 or extended under section 14, a “Declaration that a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of PREPOD.” This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 5 of the Notice. Where a person or class of persons has prepared a single plan for several facilities, a separate Declaration of Implementation must be filed for each facility.

11 Filing of amended declarations

Under subsection 58(3) of the Act, where a person or class of persons specified in section 2 of the Notice has filed a Declaration of Preparation or a Declaration of Implementation referred to in sections 9 and 10 of the Notice, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons must file an amended Declaration with the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10 of the Notice.

12 Interim progress report

A person or class of persons identified in section 2 of the Notice must file with the Minister, no later than 30 months after the person or class of persons becomes subject to the Notice, a written “Interim Progress Report in Respect of PREPOD” including the second sampling results and using the form that the Minister provides and that contains the information set out in Schedule 4 of the Notice.

The Interim Progress Report will report data pertaining to the previous year. Where a person or class of persons has prepared a single plan for several facilities, a separate Interim Progress Report must be filed for each facility.

For a person or class of persons who has been granted a time extension to implement a plan in accordance with section 14 of the Notice for longer than one year, an Interim Progress Report including the second sampling results is required no later than 42 months after the person or class of persons becomes subject to the Notice.

13 Use of a plan prepared or implemented for another purpose

Under subsection 57(1) of the Act, a person or class of persons may use a pollution prevention plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 12 of the Notice. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all the requirements of the Notice, the person or class of persons must either amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. A person or class of persons using existing plans must still file the Declaration of Preparation referred to in section 9 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and, if applicable, any amended declarations referred to in section 11 of the Notice and the Interim Progress Report required under section 12 of the Notice.

14 Extension of time

Under subsection 56(3) of the Act, where the Minister is of the opinion that further time beyond the period referred to in section 5 is needed to prepare the plan, or that further time beyond the period referred to in section 6 is needed to implement the plan, the Minister may extend the period for a person or class of persons who submits a written “Request for Time Extension — Pollution Prevention Planning Notice in Respect of PREPOD.” The written request must be submitted using the form that contains the information set out in Schedule 3 of the Notice, and must be made before the expiry of the date referred to in section 5 or 6 of the Notice or before the expiry of any extended period.

15 Application for waiver of factors to consider

Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor in preparing the plan specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written “Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of PREPOD.” This written request must be submitted using the form that contains the information set out in Schedule 2 of the Notice. Such a request must be made before the expiry of the period within which the plan is to be prepared, as referred to in section 5 of the Notice or before the expiry of any extended period.

16 Performance measurement and evaluation of the Notice

Performance measurement of the Notice will be conducted in order to evaluate the effectiveness of the Notice in meeting its intended objective. Performance reports summarizing the overall results will be posted online.

The Minister will evaluate the effectiveness of the Notice with respect to the risk management objective set out in subsection 4(2) of the Notice.

The Minister will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts of PREPOD on the environment.

17 Resources

The diagram representing the timelines for the PREPOD P2 Planning Notice, Sampling and Reporting can be found on the Government of Canada website.

The Guide for Sampling for 2-Propanone, reaction products with diphenylamine (PREPOD - CAS RN 68412-48-6) in Industrial Effluents can also be found on the Government of Canada website.

Guidance on preparing pollution prevention plans may be obtained from

Additional information and guidance on pollution prevention can be found on

18 Notice Reference Code: P2PREPOD

For administrative purposes, all communication with Environment and Climate Change Canada concerning the Notice should refer to the following Notice Reference Code: P2PREPOD.

19 Public disclosure of information and forms

The Minister of the Environment intends to publish information submitted in response to the Notice in schedules 1, 4 and 5 in the Pollution Prevention Planning section of the Government of Canada website.

Under section 313 of the Act, all persons or class of persons submitting information to the Minister are entitled to submit a written request that specific information be treated as confidential. Persons or classes of persons submitting such a request should also include the reasons for that request.

The Notice includes the following forms:

Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of PREPOD;

Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of PREPOD;

Schedule 3: Request for Time Extension — Pollution Prevention Planning Notice in Respect of PREPOD;

Schedule 4: Interim Progress Report — Pollution Prevention Planning Notice in Respect of PREPOD; and

Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of PREPOD.

Forms referred to in the Notice (schedules 1 to 5) will be published as part of the Final Notice and may be filled out electronically using the Pollution Prevention Planning Online Reporting tool in Environment and Climate Change Canada’s Single Window.

For the publication of the proposed Notice, schedules 1 to 5, the timelines for the PREPOD P2 Planning Notice, Sampling and Reporting and the Guide for Sampling for 2-Propanone, reaction products with diphenylamine (PREPOD - CAS RN 68412-48-6) in Industrial Effluents can be found on the PREPOD P2 notice overview web page.

20 Environment and Climate Change Canada contact information

For technical questions or comments about this proposed Notice, please contact or send queries to

Chemical Production Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 19th Floor
Gatineau, Quebec
K1A 0H3
Email: ec.pgpc-dppc-cmp-cpd.ec@canada.ca

For more information about pollution prevention planning or online reporting, please contact

Innovative Measures Section
Regulatory Innovation and Management Systems Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 20th Floor
Gatineau, Quebec
K1A 0H3
Telephone (toll-free): 1-844-580-3637
Email: ec.planp2-p2plan.ec@canada.ca

EXPLANATORY NOTE

(This note is not part of the Notice.)

Compliance with the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”) is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include the offence of failing to comply with an obligation arising from the Act and the offence of providing false or misleading information. Penalties for offences can result, upon conviction (either summary conviction or indictment), in fines of not more than $12 million, imprisonment for a term of not more than three years, or both.

The current text of the Act, including the most recent amendments, is available on Department of Justice Canada website.

The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999.

Suspected violations under the Act can be reported to the Enforcement Branch by email at ec.enviroinfo.ec@canada.ca.

DEPARTMENT OF INDUSTRY

OFFICE OF THE REGISTRAR GENERAL

Appointments

Name and position

Order in Council

Canadian Transportation Agency

 

Members

 

Smith, Heather Ann

2018-935

Tobin Oates, Mary

2018-936

Cotnam, The Hon.Geneviève

2018-838

Court of Appeal in and for the Province of Quebec

 

Puisne Judge

 

Federal Public Sector Labour Relations and Employment Board

 

Full-time members

 

Knopp, Jame Robert

2018-710

Orfald, David Russell

2018-709

Rosenberg, Nancy Joan

2018-711

Fry, The Hon.Deborah E.

2018-834

Chief Justice of Court of Appeal of the Supreme Court of Newfoundland and Labrador with the style
and title of Chief Justice of Newfoundland and Labrador and Judge ex-officio of the Trial Division of the Supreme Court of Newfoundland and Labrador

2018-801

Giroux, Yves

 

Parliamentary Budget Officer

 

Holmes, The Hon. Heather J.

2018-835

Supreme Court of British Columbia

 

Associate Chief Justice

 

Immigration and Refugee Board

 

Full-time members

 

Faber, Paula Marie

2018-808

Féquière, Linda

2018-812

Henri, Murielle

2018-807

Kingma, Maryanne

2018-809

Pickel, Jo-Anne Darlene

2018-814

Przybytkowski, Zofia Maria

2018-813

Wyse, Anna

2018-810

Invest in Canada Hub

 

Directors of the board of directors

 

Addy, George N.

2018-927

Benoît, Suzanne M.

2018-924

Dattels, Timothy

2018-929

Lee, Van Paul

2018-926

McKenzie, Michele

2018-928

Van de Plassche, Peggy

2018-925

Jayas, Digvir S.

2018-934

Natural Sciences and Engineering Research Council

 

Vice-President

 

Lank, Heather Powell

2018-800

Parliamentary Librarian

 

LeBlanc, The Hon. Denise

2018-841

Court of Queen’s Bench of New Brunswick, Trial Division

 

Judge

 

Court of Appeal of New Brunswick

 

Judge ex officio

 

MacPhee, Ronald V.

2018-836

Tax Court of Canada

 

Judge

 

National Research Council of Canada

 

Members

 

Bose, Neil

2018-906

Edwards, Aled

2018-907

Lachemi, Mohamed

2018-908

Nunavut Court of Justice

 

Judges

 

Court of Appeal of Nunavut

 

Judges

 

Court of Appeal for the Northwest Territories

 

Judges

 

Court of Appeal of Yukon

 

Judges

 

Charlesworth, Susan

2018-839

Lyons, Christian

2018-840

Parole Board of Canada

 

Full-time members

 

Fortin, Janie

2018-802

Landry-Marquis, Jessie

2018-803

Part-time members

 

Lévesque, Denis

2018-805

Philippe, Julie

2018-804

Patented Medicine Prices Review Board

 

Members

 

Herder, Matthew

2018-829

Sketris, Ingrid S.

2018-828

Strong, Michael Joseph

2018-791

Canadian Institutes of Health Research

 

President

 

Tochor, Michael D., Q.C.

2018-837

Her Majesty’s Court of Queen’s Bench for Saskatchewan

 

Judge

 

Veterans Review and Appeal Board

 

Permanent member and Chairperson

 

McNeil, Christopher J.

2018-826

Permanent member and Deputy Chairperson

 

Bouchard, Jacques

2018-827

July 6, 2018

Diane Bélanger
Official Documents Registrar

PRIVY COUNCIL OFFICE

Appointment opportunities

We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.

The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.

Current opportunities

The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council Appointments website.

Position

Organization

Closing date

President and Chief Executive Officer

Canada Deposit Insurance Corporation

 

Chairperson

Canada Lands Company Limited

 

President and Chief Executive Officer

Canada Post Corporation

 

Chairperson

Canadian Race Relations Foundation

 

Chairperson

Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

 

Commissioner of Corrections

Correctional Service Canada

 

Director

CPP Investment Board

 

Commissioner

Financial Consumer Agency of Canada

 

Member (Sask., Man., and Alta.)

Historic Sites and Monuments Board of Canada

July 30, 2018

Commissioners and Chairperson

International Joint Commission

 

Members (appointment to roster)

International Trade and International Investment Dispute Settlement Bodies

 

Chief Executive Officer

National Capital Commission

 

Director

National Gallery of Canada

 

Canadian Ombudsperson for Responsible Enterprise

Office of the Canadian Ombudsperson for Responsible Enterprise

 

Commissioner of Competition

Office of the Commissioner of Competition

 

Superintendent

Office of the Superintendent of Bankruptcy Canada

 

Veterans’ Ombudsman

Office of the Veterans’ Ombudsman

 

Chairperson

Social Security Tribunal of Canada