Schedule 1 Chemicals Regulations (Chemical Weapons Convention) (SOR/2004-155)

Public Health and Safety, International Relations, Environmental and National Defence or Security Risks

Marginal note:National Authority may issue or amend

• 13 (1) If immediate measures involving a Schedule 1 chemical are required in order to prevent the compromising of public health and safety, the environment, international relations or national defence and security, the National Authority shall issue or amend a licence to authorize those measures.

• Marginal note:Validity

  (2) A licence issued or an amendment made under subsection (1) is valid for no more than 30 days.

Refusal, Suspension or Cancellation of a Licence

Marginal note:Suspension of licence

• 14 (1) The National Authority shall suspend a licence if public health and safety, the environment, international relations or national defence and security is likely to be compromised by

  • (a) the licensed activity or the manner in which the licensed activity is carried out; or

  • (b) any of the following situations, namely,

    • (i) the licensee or any individual acting on the licensee’s behalf fails to comply with the Act or the regulations made under it, or

    • (ii) the licensee or any individual acting on the licensee’s behalf is convicted of an offence under the Act.

    • (iii) [Repealed, SOR/2018-202, s. 8]

• Marginal note:Effect of suspension

  (2) When a licence is suspended, the licensee shall comply with the obligations established by the licence, but shall cease the activities authorized by the licence for the duration of the suspension.

Marginal note:Cancellation of licence

• 15 (1) The National Authority shall cancel a licence if public health and safety, the environment, international relations or national defence and security is compromised by

  • (a) the licensed activity or the manner in which the licensed activity is carried out; or

  • (b) any of the following situations, namely,

    • (i) the licensee or any individual acting on the licensee’s behalf fails to comply with the Act or the regulations made under it, or

    • (ii) the licensee or any individual acting on the licensee’s behalf is convicted of an offence under the Act.

    • (iii) [Repealed, SOR/2018-202, s. 9]

• Marginal note:Effect of cancellation

  (2) If a licence has been cancelled, the licensee shall

  • (a) immediately cease the activities authorized by the licence;

  • (b) comply with paragraphs 9(b) to (e); and

  • (c) no later than 30 days after the cancellation, provide to the National Authority a copy of the record referred to in section 10.

Marginal note:Written notice

16 The National Authority shall notify, in writing,

• (a) the applicant for a licence or for its renewal or amendment of the reasons for refusing to issue, renew or amend the licence; and

• (b) the licensee of the reasons for a decision to suspend or cancel the licence.

Review of Decision

Marginal note:By the National Authority

• 17 (1) A licence applicant whose application is refused or a licensee whose licence is suspended or cancelled may request a review of the decision by making a written request to the National Authority no later than 30 days after the date of the refusal, suspension or cancellation.

• Marginal note:Decision on review

  (2) The National Authority shall confirm, vary or rescind its decision and provide written reasons to the person who requested the review within 30 days after the National Authority’s receipt of the request.

Authorizations Without a Licence

Marginal note:Authorizations

18 The following activities are authorized without a licence:

• (a) the acquisition and possession of the Schedule 1 chemical saxitoxin occurring naturally in organisms such as shellfish and algae, if the chemical is not recovered;

• (b) the acquisition and possession of the Schedule 1 chemical ricin occurring naturally in the castor bean plant (Ricinus communis) or its beans, if the chemical is not recovered; and

• (c) the acquisition, possession and use of a Schedule 1 chemical by a peace officer to the extent necessary for the administration or enforcement of the law.

Marginal note:Single small-scale facility

• 19 (1) The production, use, acquisition and possession of Schedule 1 chemicals for research, medical, pharmaceutical or protective purposes are authorized, without a licence, subject to the following conditions:

  • (a) all activities are carried out at the single small-scale facility located at Defence Research and Development Canada — Suffield, in Alberta;

  • (b) the production is carried out in reaction vessels in production lines not configured for continuous operation;

  • (c) the volume of each reaction vessel does not exceed 100 L;

  • (d) the total volume of all reaction vessels with a volume exceeding 5 L is not more than 500 L;

  • (e) the following information is provided to the National Authority by the individual responsible for the single small-scale facility, namely,

    • (i) his or her name,

    • (ii) a list of all individuals who will have access to a Schedule 1 chemical in carrying out the activities, including their name, citizenship, date and place of birth, position, business address, telephone number, facsimile number and electronic mail address,

    • (iii) the maximum aggregate quantity of all Schedule 1 chemicals stored at any one time during the calendar year,

    • (iv) a description of the activities carried out at the single small-scale facility and the purpose of each activity,

    • (v) a description of the measures to control access to the single small-scale facility and to the Schedule 1 chemicals,

    • (vi) a description of the storage arrangements for Schedule 1 chemicals and precursors listed in Schedule 1, 2 or 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention used for the production of Schedule 1 chemicals,

    • (vii) a detailed technical description of the single small-scale facility, including detailed diagrams and an inventory of equipment,

    • (viii) information on any anticipated change at the facility compared to any information previously submitted under subparagraph (vii),

    • (ix) for each Schedule 1 chemical produced, acquired, possessed, used, imported, exported or stored during the previous calendar year,

      • (A) its IUPAC name and CAS registry number (or structural formula if no CAS registry number has been assigned),

      • (B) the quantity produced and a description of the production methods used,

      • (C) the IUPAC name, CAS registry number (or structural formula if no CAS registry number has been assigned) and quantity of each precursor listed in Schedule 1, 2 or 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention used in the production of the Schedule 1 chemical,

      • (D) the quantity used and the purpose of its use,

      • (E) the quantities received from and supplied to other facilities in Canada, including the quantity of each shipment, its purpose and the name of the other facility,

      • (F) the amounts imported and exported, including the name of the source or destination country, purpose and date of transfer,

      • (G) the maximum quantity stored at any time during the calendar year, and

      • (H) the quantity stored at the end of the calendar year, and

    • (x) for each Schedule 1 chemical that is anticipated to be produced, used or stored,

      • (A) its IUPAC name and CAS registry number (or structural formula if no CAS registry number has been assigned), and

      • (B) the quantity that is anticipated to be produced and the purpose of the production;

  • (f) if it is intended to transfer a Schedule 1 chemical within Canada, the Schedule 1 chemical is transferred only to the holder of a licence issued in accordance with these Regulations or to an individual referred to in paragraph 18(c);

  • (g) if it is intended to export or import a Schedule 1 chemical, the notice required by section 12 is provided;

  • (h) [Repealed, SOR/2018-202, s. 12]

  • (i) access to the Schedule 1 chemicals is controlled;

  • (j) the National Authority is informed as soon as practicable of any loss or unintended release of a Schedule 1 chemical; and

  • (k) the National Authority is informed immediately of any theft of a Schedule 1 chemical or any attempt by an unauthorized individual to obtain a Schedule 1 chemical.

• Marginal note:Time to submit

  (2) The individual responsible for the single small-scale facility shall provide to the National Authority

  • (a) the information required under subparagraphs (1)(e)(iii) and (ix) by March 1 of each calendar year; and

  • (b) the information required under subparagraph (1)(e)(x) by September 15 of each calendar year.

• Marginal note:Notice respecting certain changes

  (3) The individual responsible for the single small-scale facility shall notify the National Authority in writing of any change to the information required

  • (a) under subparagraphs (1)(e)(i) and (ii) no later than seven days before the change; and

  • (b) under subparagraph (1)(e)(viii) at least 200 days before the change.

Marginal note:Retain documents

• 20 (1) The individual responsible for the activities at the single small-scale facility shall ensure that

  • (a) any document is retained that supports the information required under paragraph 19(1)(e); and

  • (b) a record is retained showing the IUPAC name, CAS registry number (or structural formula if no CAS registry number has been assigned) and quantity of each Schedule 1 chemical produced, used, acquired, possessed, transferred, exported, imported or destroyed.

• Marginal note:Period

  (2) The documents, records and reports shall be retained for five years after the authorized activities cease.

Coming into Force

Marginal note:Coming into force

Footnote ^*21 These Regulations come into force on the day on which section 8 of the Chemical Weapons Convention Implementation Act, chapter 25 of the Statutes of Canada, 1995, comes into force.

• Return to footnote ^*[Note: Regulations in force July 1, 2004, see SI/2004-71.]