Prohibition of Certain Toxic Substances Regulations, 2012 (SOR/2012-285)

Revocation

Marginal note:Revocation

• 11 (1) The Minister must revoke a permit if the conditions set out in paragraphs 10(1)(a) to (c) are no longer met or if the Minister has reasonable grounds to believe that the permit holder has provided false or misleading information to the Minister.

• Marginal note:Conditions for revocation

  (2) The Minister must not revoke a permit unless the Minister has provided the permit holder with

  • (a) written reasons for the revocation; and

  • (b) an opportunity to be heard, by written representation, in respect of the revocation.

Annual Reports

Marginal note:Certain substances

12 Every person that manufactures or imports a toxic substance set out in column 1 of Part 4 of Schedule 2 or a product containing it, whether incidentally or not, must submit to the Minister a report that contains the information referred to in Schedule 5 by March 31 following the end of the calendar year during which either the toxic substance or a product containing it was manufactured or imported if, in that year

• (a) the total annual quantity of the toxic substance manufactured or imported was equal to or greater than that set out in column 2, if any;

• (b) the product imported contained the toxic substance in an annual weighted average concentration equal to or greater than that set out in column 3, if any; or

• (c) the total annual quantity of the toxic substance contained in a product manufactured or imported and its annual weighted average concentration in the product were equal to or greater than those set out in column 4, if any.

Accredited Laboratory

Marginal note:Accredited laboratory

• 13 (1) Any analysis performed to determine the concentration of a toxic substance for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:

  • (a) it is accredited

    • (i) under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or

    • (ii) under the Environment Quality Act, CQLR, c. Q-2; and

  • (b) subject to subsection (2), the scope of its accreditation includes the analysis performed to determine the concentration of the toxic substance.

• Marginal note:Standards of good practice

  (2) If no method has been recognized by a standards development organization in respect of the analysis performed to determine the concentration of the toxic substance and the scope of the laboratory’s accreditation does not therefore include that analysis, the analysis must be performed in accordance with standards of good scientific practice that are generally accepted at the time that it is performed.

Presentation of Information

Marginal note:Certification

• 14 (1) Any information or an application for a permit required to be submitted to the Minister under these Regulations must bear the signature of the interested person or their authorized representative and be accompanied by a certification dated and signed by the interested person or the person authorized to act on their behalf, stating that the information is accurate and complete.

• Marginal note:Writing or electronic format

  (2) The information, application for a permit and certification may be submitted either in writing or in an electronic format that is compatible with the one that is used by the Minister.

Record Keeping

Marginal note:Records

• 15 (1) Every person that submits information to the Minister under these Regulations must keep a record containing a copy of that information, a copy of the certification and any documents supporting the information, including test data if applicable, for a period of at least five years beginning on the date of the submission of the information.

• Marginal note:Location

  (2) The records must be kept at the person’s principal place of business in Canada or, on notification to the Minister, at any other place in Canada where the records can be inspected.

• Marginal note:Records moved

  (3) If the records are moved, the person must notify the Minister, in writing, of the civic address of the new location within 30 days after the day of the move.

Transitional

Marginal note:Activities prohibited under repealed regulations

16 A permit must not be obtained under these Regulations for an activity that is prohibited under the Prohibition of Certain Toxic Substances Regulations, 2005, the Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations or the Polybrominated Diphenyl Ethers Regulations.

Repeal

17 [Repeal]

Coming into Force

Marginal note:Three months after registration

18 These Regulations come into force three months after the day on which they are registered.