Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations
SOR/2008-178
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2008-05-29
Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations
P.C. 2008-974 2008-05-29
Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on December 16, 2006 a copy of the proposed Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;
Return to footnote aS.C. 2004, c. 15, s. 31
Return to footnote bS.C. 1999, c. 33
Whereas, pursuant to subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;
Return to footnote cS.C. 2002, c. 7, s. 124
And whereas, in the opinion of the Governor in Council, pursuant to subsection 93(4) of that Act, the proposed Regulations do not regulate an aspect of a substance that is regulated by or under any other Act of Parliament in a manner that provides, in the opinion of the Governor in Council, sufficient protection to the environment and human health;
Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to subsection 93(1) and section 319 of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations.
Application
1 Subject to sections 2 and 3, these Regulations apply to the following substances that are specified on the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999:
(a) perfluorooctane sulfonate and it salts; and
(b) compounds that contain one of the following groups: C8F17SO2, C8F17SO3 or C8F17SO2N.
Exceptions
2 These Regulations do not apply to any substance referred to in section 1 that is
(a) contained in a hazardous waste, hazardous recyclable material or non-hazardous waste to which Division 8 of Part 7 of the Canadian Environmental Protection Act, 1999 applies;
(b) contained in a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act; or
(c) present as a contaminant in a chemical feedstock used in a process from which there are no releases of the substance and provided that, in that process, the substance is destroyed or completely converted to a substance other than one referred to in section 1.
3 These Regulations do not apply to any substance referred to in section 1 or to any product containing such a substance that is for use
(a) in a laboratory for analysis;
(b) in scientific research; or
(c) as a laboratory analytical standard.
Prohibition and Permitted Activities
4 Subject to sections 5 to 7, no person shall manufacture, use, sell, offer for sale or import any substance referred to in section 1 or a product containing any such substance unless the substance is incidentally present.
5 (1) The manufacture, use, sale, offer for sale or import of the following products containing any substance referred to in section 1 is permitted:
(a) photoresists or anti-reflective coatings for photolithography processes; and
(b) photographic films, papers and printing plates.
(2) The use, sale, offer for sale or import of aviation hydraulic fluid containing any substance referred to in section 1 is permitted.
(3) The use of a substance referred to in section 1, or a product containing any such substance, as a fume suppressant in the following processes as well as their sale, offer for sale or import for that use, is permitted for a period of five years from the day on which these Regulations come into force:
(a) chromium electroplating, chromium anodizing and reverse etching;
(b) electroless nickel-polytetrafluoroethylene plating; and
(c) etching of plastic substrates prior to their metalization.
6 The use, sale or offer for sale of a product that is formed into a specific physical shape or design during its manufacture and that has, for its final use, a function or functions dependent in whole or in part on its shape or design is permitted if the product contains a substance referred to in section 1 and the product is manufactured or imported before the coming into force of these Regulations.
7 (1) The use of aqueous film forming foam containing any substance referred to in section 1 is permitted
(a) at any time, if the concentration of the substance is less than or equal to 0.5 ppm; or
(b) for a period of five years from the day on which these Regulations come into force, other than for testing or training purposes, if the concentration of the substance is greater than 0.5 ppm and the foam was manufactured or imported before the coming into force of these Regulations.
(2) Aqueous film forming foam containing any substance referred to in section 1 may be
(a) used in a military vessel deployed, before the day on which these Regulations come into force or within five years after that day, for a military operation; or
(b) used or imported in a military vessel or military fire fighting vehicle contaminated during a foreign military operation occurring after the coming into force of these Regulations.
(3) For the purposes of subsection (2), military operation means any operation taken to protect national security, support humanitarian relief efforts, participate in multilateral military or peace-keeping activities under the auspices of international organizations or defend a member state of the North Atlantic Treaty Organization.
Analysis by Accredited Laboratory
8 The presence of any substance referred to in section 1 shall be determined by a laboratory that is accredited under the International Organization for Standardization standard ISO/IEC 17025: 2005, entitled General requirements for the competence of testing and calibration laboratories, as amended from time to time, and whose accreditation includes the analysis of that substance within its scope of testing.
Reports
9 (1) Every person that imports a substance or product referred to in subsection 5(3) shall submit to the Minister a report containing the information set out in the schedule no later than March 31 of the calendar year following the calendar year during which the substance or product was imported.
(2) An importer that submits a request, in accordance with section 313 of the Canadian Environmental Protection Act, 1999, that information contained in the report be treated as confidential must include with that request the identification of the following:
(a) any information that constitutes a trade secret;
(b) any information the disclosure of which would likely cause material financial loss to, or prejudice the competitive position of, the importer, or result in material financial gain to a third party;
(c) any information the disclosure of which would likely interfere with contractual or other negotiations being conducted by the importer; and
(d) any financial, commercial, scientific or technical information that is confidential and is treated consistently in a confidential manner by the importer.
Certification
10 (1) Any information required to be submitted to the Minister under these Regulations shall be submitted in a form determined by the Minister and accompanied by a certification, dated and signed by the person referred to in the applicable provisions, or the person’s authorized representative, that the information is accurate and complete.
(2) The certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister and it shall bear the written or electronic signature, as the case may be, of the person or their authorized representative.
Record Keeping
11 (1) Every person that submits information to the Minister under these Regulations shall keep a record that includes a copy of that information, the certification and any documents supporting the information for a period of at least five years beginning on the date of the submission of the information.
(2) The record that is required to be kept by the person shall be kept at their principal place of business in Canada or at any other place in Canada where it can be inspected. If the record is kept at any place other than the person’s principal place of business, the person shall provide the Minister with the civic address of the place where it is kept.
Coming into Force
12 These Regulations come into force on the day on which they are registered.
SCHEDULE(Subsection 9(1))Information Related to the Import of Certain Fume Suppressants
1 Information respecting the importer:
(a) their name, the civic and postal addresses of their principal place of business and their e-mail address, if any, telephone number and fax number, if any; and
(b) the name, title, civic and postal addresses, e-mail address, if any, telephone number and fax number, if any, of their authorized representative, if any.
2 Information respecting the substance or product containing the substance:
(a) the name of the substance, alone or contained in a product;
(b) the total quantity of the substance, alone or contained in a product, imported by the importer in the calendar year for which the report is submitted, as well as the identification of that calendar year and the unit of measurement;
(c) the total quantity of the substance, alone or contained in a product, sold in Canada by the importer in the calendar year for which the report is submitted, as well as the identification of that calendar year and the unit of measurement; and
(d) the identification of the process referred to in paragraphs 5(3)(a) to (c) of these Regulations for which the substance or product is proposed to be used, if known.
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