Declarations Regulations (Chemical Weapons Convention) (SOR/2010-56)

Declarations Regarding Exports and Imports

Marginal note:Initial declaration

19 Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1996 and ending at the end of the calendar year before the coming into force of these Regulations, exported or imported any quantity of a Schedule 3 chemical referred to in section 15 must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, for each calendar year referred to in this section during which an activity referred to in this section was carried out, the following information:

• (a) the name and contact information of the declarant;

• (b) if applicable, the name, position and contact information of the authorized representative; and

• (c) as the case may be, each of the quantities of each Schedule 3 chemical exported or imported, expressed in kilograms or in tonnes, and the country of final destination or the country from which the chemical was imported.

Marginal note:Annual declaration of past activities

20 Any person that, during a calendar year, exports or imports any quantity of a Schedule 3 chemical referred to in section 15 must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the information set out in paragraphs 19(a) to (c).

PART 5Discrete Organic Chemicals

Application

Marginal note:Application

• 21 (1) Subject to subsection (2), this Part applies to plant sites

  • (a) where, during a calendar year, more than 200 tonnes of discrete organic chemicals are produced by synthesis; or

  • (b) that consist of one or more plants where, during a calendar year, more than 30 tonnes of a PSF chemical are produced by synthesis.

• Marginal note:Exception

  (2) This Part does not apply to plant sites where a person produces exclusively explosives, hydrocarbons or alcoholic beverages.

Initial Declaration

Marginal note:Declaration

22 Unless the information has already been submitted to the National Authority, any person that, during a calendar year that falls within the period beginning on January 1, 1996 and ending at the end of the calendar year before the coming into force of these Regulations, produced by synthesis a discrete organic chemical at a plant site must make, within 90 days after the day on which these Regulations come into force, an initial declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains, for each calendar year referred to in this section during which such production took place, the following information:

• (a) the name and contact information of the declarant;

• (b) if applicable, the name, position and contact information of the authorized representative;

• (c) for each plant site,

  • (i) its name, address and precise location,

  • (ii) the name of its owner or of the corporation or enterprise operating it, as the case may be,

  • (iii) the main activities that were carried out, and

  • (iv) the number of plants within the plant site where a discrete organic chemical was produced by synthesis;

• (d) the approximate aggregate quantity of discrete organic chemicals that were produced by synthesis during the calendar year, expressed in one of the following ranges:

  • (i) more than 200 tonnes but less than 1 000 tonnes,

  • (ii) 1 000 tonnes or more but less than or equal to 10 000 tonnes, or

  • (iii) more than 10 000 tonnes; and

• (e) if a PSF chemical was produced by synthesis,

  • (i) the number of plants within the plant site where a PSF chemical was produced by synthesis, and

  • (ii) for each of those plants, the approximate aggregate quantity of PSF chemicals that were produced by synthesis there during the calendar year, expressed in one of the following ranges:

    • (A) more than 30 tonnes but less than 200 tonnes,

    • (B) 200 tonnes or more but less than 1 000 tonnes,

    • (C) 1 000 tonnes or more but less than or equal to 10 000 tonnes, or

    • (D) more than 10 000 tonnes.

Annual Declaration of Past Activities

Marginal note:Declaration

• 23 (1) Any person that, during a calendar year, produces by synthesis a discrete organic chemical at a plant site must make, no later than February 28 of the following year, an annual declaration of the calendar year’s activities to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the information set out in paragraphs 22(a) to (e).

• Marginal note:Cessation of production activities

  (2) If the declarant no longer produces by synthesis discrete organic chemicals, the declarant must make their declaration to the National Authority within 30 days after the cessation of production activities. In addition to the information referred to in subsection (1), the declaration must contain the date of the cessation.

PART 6Riot Control Agents

Application

Marginal note:Application

24 This Part does not apply to riot control agents that are intended to be used by an individual for personal defence.

Declaration

Marginal note:Declaration

• 25 (1) Unless the information has already been submitted to the National Authority, any person that holds a riot control agent for riot control purposes must make, within 90 days after the day on which these Regulations come into force or of the beginning of the holding, as the case may be, a declaration to the National Authority that is signed and dated by the declarant or, in the case of a corporation, by its authorized representative and that contains the following information:

  • (a) the name and contact information of the declarant;

  • (b) if applicable, the name, position and contact information of the authorized representative; and

  • (c) for each riot control agent, its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula.

• Marginal note:Changes

  (2) The declarant must notify the National Authority in writing of any changes to the information contained in their declaration within 30 days after the day of the change.

PART 7Retention of Documents

Marginal note:Retention of documents

• 26 (1) For the application of paragraph 11(b) of the Act, the prescribed documents are those related to the carrying out of any of the activities referred to in section 11 of the Act, including

  • (a) inventory and accounting records;

  • (b) operational records;

  • (c) chemical waste disposal records;

  • (d) records of receipt and inventory of raw materials and catalysts;

  • (e) batch records or cards and quality control reports; and

  • (f) records of transfers of toxic chemicals or their precursors listed in one of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention.

• Marginal note:Period of retention

  (2) The documents must be kept and maintained for at least five years after the day on which they are created.

PART 8Coming into Force

Marginal note:Registration

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