Vol. 145, No. 14 — April 2, 2011

ARCHIVED — Regulations Amending Certain Regulations Made Under Sections 160, 191 and 209 of the Canadian Environmental Protection Act, 1999 and Repealing the List of Hazardous Waste Authorities (Miscellaneous Program)

Statutory authority

Canadian Environmental Protection Act, 1999

Sponsoring department

Department of the Environment

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issue and objectives

The Standing Joint Committee for the Scrutiny of Regulations (the Committee) has identified a lack of clarity as well as some inconsistencies in the regulatory texts of the Off-Road Small Spark-Ignition Engine Emission Regulations, the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations, and the Storage Tank Systems for Petroleum Products and Allied Petroleum ProductsRegulations (collectively referred to as “the three Regulations”) and has made recommendations to Environment Canada to address these issues. Environment Canada has also identified a number of necessary minor changes in the texts of the three Regulations. In addition, Environment Canada has determined that the List of Hazardous Waste Authorities (the List) [SOR/92-636] is obsolete and should be repealed.

The objectives of the proposed Regulations Amending Certain Regulations Made Under Sections 160, 191 and 209 of the Canadian Environmental Protection Act, 1999 and Repealing the List of Hazardous Waste Authorities (Miscellaneous Program) [hereinafter referred to as the proposed Amendments] are to improve the clarity and consistency of the regulatory texts, align the English and French versions of each Regulations, and repeal the List.

The proposed Amendments would make minor changes to the three Regulations.

Description and rationale

The proposed Amendments would make minor changes to the three Regulations to improve their clarity and consistency. In addition, the proposed Amendments would make changes of an editorial nature to align the English and French versions of each regulatory text. Finally, they would repeal the List, which became obsolete when the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations came into force in 2005.

Off-Road Small Spark-Ignition Engine Emission Regulations

The proposed Amendments would

Align the English and French versions of paragraph (a) and subparagraph (b)(i) in subsection 1(1) by removing “from one location to another” in the English version. This change removes wording of a redundant nature;
Correct an omission in paragraph 9(1)(a) of the French version by adding “de” before “rejeter des substances qui”;
Align the English and French versions of paragraph 9(1)(a) by removing “or function” in the English version of the paragraph;
Align the English and French versions of subsection 12(1) by replacing “physically capable of being adjusted” with “capable of being physically adjusted” in the English version of the subsection;
Replace “cent” with “cents” in the French version of subsection 19(2) to match the plural required by the number five;
Align the French version of subparagraph 24(f)(ii) by replacing “régulation” with “contrôle.” This change would ensure consistency with the French wording used in paragraph 156(1)(b) of the Canadian Environmental Protection Act, 1999 (CEPA 1999); and
Repeal subparagraph (i) of section 24 as it introduces evaluation criteria that are not consistent with the technical and financial information criteria in subsection 156(1) of CEPA 1999 which can be considered by the Governor in Council in order to grant an exception from established standards.

In addition to these changes, and as a result of a review by Environment Canada, the proposed Amendments would

Remove the word “function” in the English version of paragraph 9(1)(b) in order to align the English and French versions of the paragraph.

Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations

The proposed Amendments would

Revise paragraph 8(b) by adding “if applicable” before “the electronic address and facsimile number”. This change would take into account the fact that a regulatee might not have access to an electronic address and/or a facsimile number;
Modify subparagraph 8(n)(ii) by replacing “Part 5” with “paragraph 9(p) or 16(o)”. This change would add clarity to this subparagraph as the referred alternative arrangements are prescribed in paragraphs 9(p) or 16(o). Sections 34 or 35 are a subset of Part 5 and relate to the return of a shipment after the alternative arrangements have been considered;
Modify the English version of clause 16(o)(iii)(A) by replacing “contact person” with “contact person for that facility”. This change would add clarity and ensure consistency with the French wording “personne-ressource de celle-ci”;
Revise paragraphs 34(1)(a) and 35(1)(a) by adding “if applicable, the electronic address and” before “facsimile number”. This change would ensure consistency between the wording of these paragraphs and the wording of paragraph 8(b);
Align the French and English versions of paragraph 38(1)(g) by adding “l’élimination ou” between “concernant” and “le recyclage” in the French version of the paragraph and by adding “of it” after the word “disposing” in the English version. This change would ensure consistency between the two versions;
Replace “facteurs” with “critères” in the French version of section 39 to ensure consistency with the wording used in the French version of subsection 185(2) of CEPA 1999;
Add “surveiller et” between “mesures pour” and “assurer” in the French version of subparagraph 39(a)(ii). This change would reflect the use of the words “to monitor”, thereby ensuring consistency between the French and English versions of the subparagraph;
Correct a typographical mistake in the English version of the International Toxicity Equivalency Factor for 2,3,7,8-Tetrachlorodibenzodioxin listed under item 6 of Schedule 3 by replacing “1.001” with “1.0”;
Align the French and English versions of items 1 to 5 of Part I of Schedule 4 by replacing “tous les mélanges épuisés de solvants” with “tous les mélanges et assemblages de solvants épuisés” and “ces mélanges épuisés de solvants” with “ces mélanges de solvants épuisés” in the French version of these items. These changes would add clarity to the current French wording “mélanges épuisés de solvants” and ensure alignment between the French and English versions to reflect the use of the two distinct English wordings “spent solvent mixtures and blends” and “spent solvent mixtures”; and
Amend paragraphs 11(3)(b), 11(6)(b), 18(3)(b), 18(6)(b), 30(3)(b), 30(6)(b), 34(2)(c) and 35(2)(c) by replacing “require” with “ask for”. These changes would ensure that terms used in these paragraphs allow for provincial authorities to obtain a copy of the movement document, if they wish to receive one.

In addition to these changes, and as a result of a review by Environment Canada, the proposed Amendments would

Replace the text of subparagraph 8(j)(ix) with the text of paragraph 8(k), and vice versa. This change would improve the flow of the regulatory text and better align the manner in which the information is to be conveyed with the nature of the information being requested (i.e. the identification of the presence of a persistent organic pollutant is to be provided by “waste line/stream” and the options considered for reducing exports is to be provided by notice rather than at a waste line/stream level);
Combine and renumber subparagraphs 9(f)(v) and (vi) by creating a new clause 9(f)(vi)(A) using “to provide a copy of the movement document … to the authorized facility”, which is the last part of 9(f)(v). The clauses 9(f)(vi)(A), (B) and (C) are then renumbered as 9(f)(vi)(B), (C) and (D). These changes would improve clarity by better reflecting what is required to ensure appropriate tracking, imposition of timelines and confirmation of final disposal/recycling information to the Minister with respect to export activities;
Combine and renumber subparagraphs 16(e)(v) and (vi) by creating a new clause 16(e)(vi)(A) using “to provide a copy of the movement document … or hazardous recyclable material”, which is the last part of 16(e)(v). The clauses 16(e)(vi)(A) and (B) are then renumbered as 16(e)(vi)(B) and (C). These changes would improve clarity by better reflecting what is required to ensure appropriate tracking, imposition of timelines and confirmation of final disposal/recycling information to the Minister with respect to export activities;
Align the French and English versions of paragraph 18(2)(c) by replacing “transporteur” with “transporteur agréé” in the French version of the paragraph. This change would ensure consistency with the English wording “authorized carrier”;
Align the French and English versions of subsection 36(2) to clarify that the confirmation of disposal or recycling is based on the movement document and the line item number in the document instead of the permit. Thus, modifications would be made to the French version of subsection 36(2) by replacing “dans le permis d’exportation ou d’importation” after “ligne” with “de ce document”, and by adding “visés au paragraphe (1)” after “dangereuses”; and
Correct an error in the French version of the heading preceding item 107 in Part 2 of Schedule 4 by replacing “Zinc” with “Plomb”. This change would align the English and French versions of the heading.

Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations

The proposed Amendments would

Repeal the definition of “Minister” provided under section 1 as this definition already exists in CEPA 1999 and applies by extension to regulations made under the Act;
Amend the definition of “réservoir partiellement enfoui” in section 1 by replacing “au-dessous du sol” with “sous terre” and “au-dessus de celui-ci”, with “hors terre”. This change would ensure consistency with the wording used in the French versions of sections 5 and 6;
Amend paragraphs 10(2)(a) and (b) of the French version by replacing “soupapes de retenue verticales” with “soupapes de retenue verticale simples” to align with “single vertical check valves” used in the English versions of these paragraphs;
Revise paragraph 26(f) of the French version to remove the redundant wording “sous pression”;
Revise paragraphs 27(c), 41(1)(d) and item 5 of Schedule 2, by putting “allied petroleum product” before “type of petroleum”. This change clarifies that the focus is on the allied petroleum product and not on the type of the product;
Amend the English version of paragraph 30(2)(b) by adding “warn of” between “prevent” and “prepare for” . This change would ensure consistency with the wording “des dispositions d’alerte”, in the French version;
Replace “a” with “the” before “tank”. This change would ensure consistency with wording used in subsection 44(3) and with the intent of subsection 44(1), which is aimed at specific storage rather than storage tank systems generally;
Correct a mistake in the title of the ULC standard S652 by replacing “Fuel” with “Used” in subparagraphs 14(2)(b)(i), 14(3)(a)(i) and 14(3)(b)(i); and
Correct a typographical mistake in item 17 of Schedule 1 to the Regulations by replacing “E-85” with “E85”.

List of Hazardous Waste Authorities

In 2005, the Export and Import of Hazardous Waste Regulations was repealed and replaced by the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations rendering obsolete the associated List of Hazardous Waste Authorities (SOR/92-636). The proposed Regulations would then repeal this List.

The proposed Amendments would not change the purpose or intent of the three Regulations and would come into force on the day on which they are registered.

Consultation

Given that the proposed Amendments would improve clarity and consistency of the regulatory texts, with no negative impacts on interested parties, they are not expected to raise any concerns. As a result, no formal stakeholder consultations were held. The CEPA National Advisory Committee (NAC) has been provided with a formal offer to consult on the proposed Amendments. No comments were received from CEPA NAC.

Implementation, enforcement and service standards

Since the proposed Amendments are administrative in nature, development of an implementation plan, an enforcement strategy and service standards is not necessary. In addition, since the proposed Amendments would not alter the manner in which the three Regulations are implemented and enforced, no changes to the implementation plan, compliance strategy or service standards for the three Regulations are required.

Contacts

Danielle Rodrigue
Manager
Regulatory Affairs and Quality Management Systems
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-956-9460
Fax: 819-953-7682
Email: REGAFFAIRES@ec.gc.ca

Luis Leigh
Director
Regulatory Analysis and Valuation Division
Environment Canada
Gatineau, Quebec
K1A 0H3
Telephone: 819-953-5236
Fax: 819-953-1170
Email: luis.leigh@ec.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby 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 sections 160, 191 and 209 of that Act, proposes to make the annexed Regulations Amending Certain Regulations Made Under Sections 160, 191 and 209 of the Canadian Environmental Protection Act, 1999 and Repealing the List of Hazardous Waste Authorities (Miscellaneous Program).

Any person may, within 60 days after the date of publication of this notice, file with the Minister of the Environment comments with respect to the proposed Regulations or 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 sent by mail to Danielle Rodrigue, Manager, Regulatory Affairs and Quality Management Systems, Department of the Environment, Gatineau, Quebec K1A 0H3, by fax to 819-953-7682 or by email to REGAFFAIRES@ec.gc.ca.

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

Ottawa, March 24, 2011

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER SECTIONS 160, 191 AND 209 OF THE CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999 AND REPEALING THE LIST OF HAZARDOUS WASTE AUTHORITIES (MISCELLANEOUS PROGRAM)

LIST OF HAZARDOUS WASTE AUTHORITIES

1. The List of Hazardous Waste Authorities (see footnote 1) is repealed.

OFF-ROAD SMALL SPARK-IGNITION ENGINE EMISSION REGULATIONS

2. The portion of the definition “off-road engine” before subparagraph (b)(ii) in subsection 1(1) of the English version of the Off-Road Small Spark-Ignition Engine Emission Regulations (see footnote 2) is replaced by the following:

“off-road engine” means an engine, within the meaning of section 149 of the Act,

(a) that is used or designed to be used by itself and that is designed to be or is capable of being carried or moved; or

(b) that is used or designed to be used

(i) in or on a machine that is designed to be or is capable of being carried or moved,

3. (1) Paragraph 9(1)(a) of the Regulations is replaced by the following:

(a) in its operation, release a substance that causes air pollution and that would not have been released if the system were not installed; or

(2) Paragraph 9(1)(b) of the English version of the Regulations is replaced by the following:

(b) in its operation or malfunction, make the engine or the machine in which the engine is installed unsafe, or endanger persons or property near the engine or machine.

4. Subsection 12(1) of the English version of the Regulations is amended by replacing “physically capable of being adjusted” with “capable of being physically adjusted”.

5. Subsection 19(2) of the French version of the Regulations is amended by replacing “cent” with “cents”.

6. (1) Subparagraph 24(f)(ii) of the French version of the Regulations is amended by replacing “régulation” with “contrôle”.

(2) Section 24 of the Regulations is amended by striking out “and” at the end of paragraph (h), by adding “and” at the end of paragraph (g) and by repealing paragraph (i).

EXPORT AND IMPORT OF HAZARDOUS WASTE AND HAZARDOUS RECYCLABLE MATERIAL REGULATIONS

7. (1) The portion of paragraph 8(b) of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (see footnote 3) before subparagraph (i) is replaced by the following:

(b) the name, registration number, civic and mailing addresses, telephone number and, if applicable, the electronic address and facsimile number of, and the name of the contact person for,

(2) Subparagraph 8(j)(ix) of the Regulations is replaced by the following:

(ix) the name, quantity and concentration of any persistent organic pollutant set out in column 2 of Schedule 10 that is contained in the hazardous waste or hazardous recyclable material, if the concentration is equal to or greater than the concentration set out in column 3;

(3) Paragraph 8(k) of the Regulations is replaced by the following:

(k) in the case of an export, the options considered for reducing or phasing out the export of the hazardous waste and the reason that the final disposal is taking place outside Canada;

(4) Subparagraph 8(n)(ii) of the Regulations is amended by replacing “Part 5” with “paragraph 9(p) or 16(o)”.

8. Subparagraphs 9(f)(v) and (vi) of the Regulations are replaced by the following:

(v) requires the foreign receiver to complete Part C of the movement document, or authorizes the exporter to complete Part C on the foreign receiver’s behalf if the waste or material is not considered or defined as hazardous under the legislation of the country of import, and

(vi) requires the foreign receiver

(A) to provide a copy of the movement document and a copy of the export permit to the exporter on delivery of the hazardous waste or hazardous recyclable material to the authorized facility,

(B) to complete the disposal of the hazardous waste or recycling of the hazardous recyclable material within the time set out in paragraph (o),

(C) to submit written confirmation to the exporter of the disposal of the hazardous waste or recycling of the hazardous recyclable material within 30 days after the day on which the disposal or recycling is completed, and

(D) to take all practicable measures to assist the exporter in fulfilling the terms of the exporter’s obligations under these Regulations if delivery is not accepted by the authorized facility named in the export permit, or if the authorized facility cannot, or refuses to, dispose of the hazardous waste or recycle the hazardous recyclable material in accordance with the export permit;

9. (1) Subparagraphs 16(e)(v) and (vi) of the Regulations are replaced by the following:

(v) requires the foreign exporter to complete Part A of the movement document, or authorizes the importer to complete Part A on the foreign exporter’s behalf if the waste or material is not considered or defined as hazardous under the legislation of the country of export, and

(vi) requires the foreign exporter

(A) to provide a copy of the movement document and a copy of the import permit to the first authorized carrier prior to the shipment of the hazardous waste or hazardous recyclable material,

(B) to send a copy of the movement document to the importer once Part A is completed by the foreign exporter, Part B is completed by the first authorized carrier and the hazardous waste or hazardous recyclable material has been shipped, and

(C) to take all practicable measures to assist the importer in fulfilling the terms of the importer’s obligations under these Regulations if delivery is not accepted by the authorized facility named in the import permit, or if the authorized facility cannot, or refuses to, dispose of the hazardous waste or recycle the hazardous recyclable material in accordance with the import permit;

(2) Clause 16(o)(iii)(A) of the English version of the Regulations is amended by replacing “contact person” with “contact person for that facility”.

10. Paragraph 18(2)(c) of the French version of the Regulations is amended by replacing “transporteur” with “transporteur agréé”.

11. Paragraph 34(1)(a) of the Regulations is replaced by the following:

(a) the name, civic and mailing addresses, telephone number and, if applicable, the electronic address and facsimile number of, and the name of the contact person for, the exporter, the foreign receiver and any authorized carriers that were not named in the original export permit;

12. Paragraph 35(1)(a) of the Regulations is replaced by the following:

(a) the name, civic and mailing addresses, telephone number and, if applicable, the electronic address and facsimile number of, and the name of the contact person for, the importer, the foreign exporter and any authorized carriers that were not named in the original import permit;

13. Subsection 36(2) of the French version of the Regulations is replaced by the following:

Mentions obligatoires

(2) Dans sa déclaration, l’exportateur ou l’importateur indique le numéro de référence du document de mouvement et le numéro de la ligne de ce document où sont inscrits les déchets dangereux ou les matières recyclables dangereuses visés au paragraphe (1).

14. Paragraph 38(1)(g) of the Regulations is replaced by the following:

(g) the options considered for reducing or phasing out the export of the hazardous waste referred to in the plan, including options for disposing of it or recycling it in Canada;

15. (1) The portion of section 39 of the French version of the Regulations before paragraph (a) is amended by replacing “facteurs” with “critères”.

(2) Subparagraph 39(a)(ii) of the French version of the Regulations is replaced by the following:

(ii) des mesures pour surveiller et assurer le respect des lois applicables concernant la protection de l’environnement et de la santé humaine,

16. The portion of item 6 of Schedule 3 to the English version of the Regulations in column 2 after paragraph (b) is amended by replacing “1.001” with “1.0”.

17. Items 1 to 5 of Part 1 of Schedule 4 to the French version of the Regulations are amended by replacing “tous les mélanges épuisés de solvants” and “ces mélanges épuisés de solvants” with “tous les mélanges et assemblages de solvants épuisés” and “ces mélanges de solvants épuisés”, respectively.

18. The heading “Zinc de deuxième fusion” before item 107 in Part 2 of Schedule 4 to the French version of the Regulations is amended by replacing “Zinc” with “Plomb”.

19. The Regulations are amended by replacing “require” with “ask for” in the following provisions:

(a) paragraph 11(3)(b);

(b) paragraph 11(6)(b);

(c) paragraph 18(3)(b);

(d) paragraph 18(6)(b);

(e) paragraph 30(3)(b);

(f) paragraph 30(6)(b);

(g) paragraph 34(2)(c); and

(h) paragraph 35(2)(c).

STORAGE TANK SYSTEMS FOR PETROLEUM PRODUCTS AND ALLIED PETROLEUM PRODUCTS REGULATIONS

20. (1) The definition “Minister” in section 1 of the Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations (see footnote 4) is repealed.

(2) The definition “réservoir partiellement enfoui” in section 1 of the French version of the Regulations is amended by replacing “au-dessous du sol” and “au-dessus de celui-ci” with “sous terre” and “hors terre”, respectively.

21. Paragraphs 10(2)(a) and (b) of the French version of the Regulations are amended by replacing “soupapes de retenue verticales” with “soupapes de retenue verticale simples”.

22. Subparagraphs 14(2)(b)(i), 14(3)(a)(i) and 14(3)(b)(i) of the Regulations are amended by replacing “Fuel” with “Used”.

23. The portion of paragraph 26(f) of the French version of the Regulations before subparagraph (i) is replaced by the following:

f) s’il s’agit d’un puisard de turbine, de transition, de distributeur ou de pompe, il le soumet à un essai d’étanchéité statique d’un liquide dans les conditions suivantes :

24. Paragraph 27(c) of the Regulations is replaced by the following:

25. Paragraph 30(2)(b) of the English version of the Regulations is replaced by the following:

(b) a description of the measures to be used to prevent, warn of, prepare for, respond to and recover from any emergency that may cause harm to the environment or danger to human life or health;

26. Paragraph 41(1)(d) of the Regulations is replaced by the following:

(d) each allied petroleum product or type of petroleum product that is the subject of the report;

27. The portion of subsection 44(3) of the English version of the Regulations before paragraph (a) is replaced by the following:

(3) The owner or operator of the storage tank system must ensure that

28. Item 17 of Schedule 1 to the Regulations is replaced by the following:

17. E85 fuel

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

5. The allied petroleum product or the type of petroleum product stored in each tank of the storage tank system

COMING INTO FORCE

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

[14-1-o]

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

Footnote b
S.C. 1999, c. 33

Footnote 1
SOR/92-636

Footnote 2
SOR/2003-355

Footnote 3
SOR/2005-149

Footnote 4
SOR/2008-197

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ARCHIVED — Regulations Amending Certain Regulations Made Under Sections 160, 191 and 209 of the Canadian Environmental Protection Act, 1999 and Repealing the List of Hazardous Waste Authorities (Miscellaneous Program)