Polybrominated Diphenyl Ethers Regulations
SOR/2008-218
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Registration 2008-06-19
Polybrominated Diphenyl Ethers Regulations
P.C. 2008-1271 2008-06-19
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 Polybrominated Diphenyl Ethers 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) of the Canadian Environmental Protection Act, 1999Footnote b, hereby makes the annexed Polybrominated Diphenyl Ethers Regulations.
Application
1 Subject to sections 2 to 5, these Regulations apply to polybrominated diphenyl ethers that have the molecular formula C12H(10–n)BrnO in which 4≤n≤10 and that are specified on the List of Toxic Substances in Schedule 1 to the Canadian Environmental Protection Act, 1999.
Exceptions
2 These Regulations do not apply to any polybrominated diphenyl ether referred to in section 1 that is contained in a pest control product within the meaning of subsection 2(1) of the Pest Control Products Act.
3 These Regulations do not apply to any polybrominated diphenyl ether referred to in section 1, or to any resin, polymer or other mixture containing a polybrominated diphenyl ether set out in the schedule, that is for use
(a) in a laboratory for analysis;
(b) in scientific research; or
(c) as a laboratory analytical standard.
4 These Regulations do not apply to 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, if that product contains a polybrominated diphenyl ether referred to in section 1.
5 These Regulations do not apply to any polybrominated diphenyl ether referred to in section 1 that is present as a contaminant in a chemical feedstock used in a process from which there are no releases of the polybrominated diphenyl ether, provided that the polybrominated diphenyl ether is destroyed or completely converted in that process to a substance that is not a polybrominated diphenyl ether.
Prohibitions
6 No person shall manufacture any polybrominated diphenyl ether referred to in section 1 or any resin, polymer or other mixture containing a polybrominated diphenyl ether set out in the schedule.
7 (1) No person shall use, sell, offer for sale or import a polybrominated diphenyl ether set out in the schedule or any resin, polymer or other mixture containing such a substance.
(2) Subsection (1) does not apply to any polybrominated diphenyl ether or resin, polymer or other mixture that is to be
(a) re-processed on-site in a process from which there are no releases of the substance; or
(b) disposed of in accordance with the laws of the jurisdiction where the disposal is to take place.
Analysis by Accredited Laboratory
8 The presence of any polybrominated diphenyl ether 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 polybrominated diphenyl ethers within its scope of testing.
Coming into Force
9 These Regulations come into force on the day on which they are registered.
SCHEDULE(Sections 3, 6 and 7)Polybrominated Diphenyl Ethers Whose Manufacture, Use, Sale, Offer for Sale or Importation Is Prohibited
- 1Benzene, 1,1′-oxybis-, tetrabromo derivative that has the molecular formula C12H6Br4O (tetraBDE)
- 2Benzene, 1,1′-oxybis-, pentabromo derivative that has the molecular formula C12H5Br5O (pentaBDE)
- 3Benzene, 1,1′-oxybis-, hexabromo derivative that has the molecular formula C12H4Br6O (hexaBDE)
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