Declarations Regulations (Chemical Weapons Convention)

Declarations Regulations (Chemical Weapons Convention) Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 11a and 18 of the Chemical Weapons Convention Implementation Actb, hereby makes the annexed Declarations Regulations (Chemical Weapons Convention). S.C. 2003, c. 22, par. 224(z.16) S.C. 1995, c. 25 Definitions The following definitions apply in these Regulations. Act means the Chemical Weapons Convention Implementation Act. (Loi) CAS registry number means the identification number assigned to a chemical substance by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS) contact information means the address, telephone number and, if applicable, fax number and e-mail address. (coordonnées) discrete organic chemical means any chemical that belongs to the class of chemical compounds consisting of all compounds of carbon except for carbon monoxide, carbon dioxide, carbon disulfide, carbonyl sulfide and metal carbonates. Also excluded from this definition are oligomers and polymers — whether or not they contain phosphorus, sulfur or fluorine — and chemicals that contain only carbon and metal. (produit chimique organique défini) IUPAC means the International Union of Pure and Applied Chemistry. (UICPA) other facility means a plant site, plant or unit, other than the single small-scale facility, where activities authorized under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) are carried out. (autre installation) PSF chemical means a discrete organic chemical that contains phosphorus, sulfur or fluorine. (produit PSF) Schedule 1 chemica1 means a toxic chemical or precursor listed in Schedule 1 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention. (produit chimique du tableau 1) Schedule 2 chemical means a toxic chemical or precursor listed in Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention. (produit chimique du tableau 2) Schedule 3 chemical means a toxic chemical or precursor listed in Schedule 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention. (produit chimique du tableau 3) single small-scale facility means the single small-scale facility referred to in paragraph 19(1)(a) of the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) or any facility replacing it or intended to replace it. (installation unique à petite échelle) Other words and expressions Unless the context otherwise requires, all words and expressions used in these Regulations have the same meaning as in the Convention. Electronic transmission Any notice given or declaration made under these Regulations may be given or made by electronic means. Application This Part applies to any activity authorized under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention). Single small-scale facility Unless the information has already been submitted to the National Authority, any person that, at the time of the coming into force of these Regulations, is carrying out an activity at the single small-scale facility under an authorization referred to in subsection 8(1) of the Act 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 the following information: the name and contact information of the declarant; if applicable, the name, position and contact information of the authorized representative; the name of the facility and its address or, if there is no address, a description of its precise location; and a detailed technical description of the facility, including an inventory of equipment and detailed diagrams. Changes The declarant must notify the National Authority in writing, and within the following time frames, of any change to the following information: that referred to in paragraphs (1)(a) and (b), no later than 7 days after the day of the change; and that referred to in paragraphs (1)(c) and (d), not less than 200 days before the change is to be made. Proposed facility Any person that intends to carry out an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, not less than 200 days before operations are to begin, 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, in the case of the single small-scale facility, the information set out in paragraphs 3(1)(a) to (d); and in the case of an other facility, the information set out in paragraphs 3(1)(a) to (c), a detailed technical description of the facility and the purposes for which it will be operated. that referred to in paragraphs 3(1)(a) and (b), no later than 7 days after the day of the change; and that referred to in paragraphs 3(1)(c) and (d), the detailed technical description of an other facility and the purposes for which an other facility will be operated, not less than 200 days before the change is to be made. Single small-scale facility or other facility Any person that, during a calendar year, carries out an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act 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 following information: the name of the facility and its address or, if there is no address, a description of its precise location; for each Schedule 1 chemical referred to in the declaration, its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, if applicable, the quantity produced and, in the case of the single small-scale facility or an other facility that is licensed to produce Schedule 1 chemicals for protective purposes, the production methods employed, if applicable, the quantity consumed and the purposes for which it was consumed, if applicable, for each receipt of a Schedule 1 chemical from the single small-scale facility or from one of the persons referred to in section 11 of the Schedule 1 Chemicals Regulations (Chemical Weapons Convention) or each shipment of a Schedule 1 chemical to that facility or to one of those persons, as the case may be, the quantity received or shipped, the purposes for which it was received or shipped and the facility or person from which it was received or to which it was shipped, the maximum quantity stored at any time during the year, and the quantity stored at the end of the year; for each precursor listed in Schedule 1, 2 or 3 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention that was used for the production of the Schedule 1 chemical, its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, and its quantity consumed; any changes at the facility compared to, in the case of the single small-scale facility, its detailed technical description, including the inventory of equipment and detailed diagrams, and in the case of an other facility, its detailed technical description; and if the declarant no longer carries out activities under an authorization referred to in subsection 8(1) of the Act, the date of the cessation of activities. Any person that anticipates carrying out, during the following calendar year, an activity at the single small-scale facility or an other facility under an authorization referred to in subsection 8(1) of the Act must make, no later than September 15 of the current year, an annual declaration of the activities that are anticipated to be carried out during the calendar year 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: the quantity that is anticipated to be produced and the purposes for which it will be produced and, in the case of an other facility, the calendar yearly quarter during which the production is anticipated to take place; and any changes that are anticipated at the facility compared to, in the case of an other facility, its detailed technical description. Notice Any person that anticipates exporting or importing a Schedule 1 chemical under an authorization referred to in subsection 8(2) of the Act must notify the National Authority in writing not less than 45 days before the export or import. The notice must be signed and dated by the person that gives the notice or, in the case of a corporation, by its authorized representative and must contain the following information: the name and contact information of the person that gives the notice; the IUPAC name of the Schedule 1 chemical and its CAS registry number or, if no CAS registry number has been assigned, its structural formula; and as the case may be, each of the quantities of each Schedule 1 chemical that is anticipated to be exported or imported, expressed in grams or in kilograms, the country of final destination or the country from which the chemical will be imported, the name and address of the facility in question that is located in that country, the purposes for which the chemical will be exported or imported and the date of the export or import. Annual declaration of past activities Any person that, during a calendar year, exports or imports a Schedule 1 chemical under an authorization referred to in subsection 8(2) of the Act 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 following information: as the case may be, each of the quantities of each Schedule 1 chemical exported or imported, expressed in grams or in kilograms, the country of final destination or the country from which the chemical was imported, the name and address of the facility in question that is located in that country, the purposes for which the chemical was exported or imported and the date of the export or import. Sections 9 to 12 apply to plant sites that consist of one or more plants where, during a calendar year, an activity referred to in section 11 of the Act, other than export or import, is carried out with respect to any Schedule 2 chemical described below in excess of the following applicable quantities: 100 grams of any Schedule 2 chemical marked by an asterisk (*) in Part A of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 0.5% of the total weight of a mixture; 10 kg of any other Schedule 2 chemical listed in Part A of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 0.5% of the total weight of a mixture; and 100 kg of any Schedule 2 chemical listed in Part B of Schedule 2 of the Schedules of Chemicals set out in the Annex on Chemicals in the Convention, with the exception of those that constitute less than 10% of the total weight of a mixture. Interpretation For greater certainty, the quantities referred to in paragraphs (1)(a) to (c) relate only to the weight of a Schedule 2 chemical contained in a mixture and not to the weight of the mixture itself. Declaration 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, 1994 and ending at the end of the calendar year before the coming into force of these Regulations, carried out at a plant site an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, 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: for each plant site, its name, address and precise location, the name of its owner or of the corporation or enterprise operating it, as the case may be, and if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 4; for each plant referred to in section 9 that is located within the plant site, its name, precise location within the plant site and, if applicable, the name or number of the building or structure in which it is located, the name of its owner or of the corporation or enterprise operating it, as the case may be, the main activities that are carried out, an indication that the plant produces, processes or consumes a Schedule 2 chemical, as the case may be, of whether it is dedicated to those activities or is multi-purpose, and of whether it carries out other activities with respect to a Schedule 2 chemical and, if applicable, a specification of those activities, and its production capacity for each Schedule 2 chemical and the method used to calculate that production capacity; and for each Schedule 2 chemical, the total quantity produced, processed or consumed, expressed in kilograms or in tonnes, and the purposes for which it was produced, processed or consumed and, if it was processed or consumed, the type of product that resulted from the processing or consumption, or if it was sold or transferred within Canada, an indication of whether it was sold or transferred to another industry, a trader or another destination and, if known, the final type of product that resulted or is anticipated to result from the production, processing or consumption. Any person that, during a calendar year, carries out at a plant site an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, 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 10(a) to (e). Cessation of activities If the declarant no longer carries out activities referred to in section 11 of the Act with respect to a Schedule 2 chemical, the declarant must make their declaration to the National Authority within 30 days after the cessation of activities. In addition to the information referred to in subsection (1), the declaration must contain the date of the cessation. Any person that anticipates carrying out at a plant site, during the following calendar year, an activity referred to in section 11 of the Act with respect to a Schedule 2 chemical, other than its export or import, must make, no later than September 15 of the current year, an annual declaration of the activities that are anticipated to be carried out during the calendar year 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, in addition to the information set out in paragraphs 10(a) to (d), the following information for each Schedule 2 chemical referred to in the declaration: its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula; the total quantity that is anticipated to be produced, processed or consumed, expressed in kilograms or in tonnes, and the calendar yearly quarter during which the production, processing or consumption is anticipated to take place; and the purposes for which it will be produced, processed or consumed and, if it will be processed or consumed, the type of product that will result from the processing or consumption, or if it will be sold or transferred within Canada, an indication of whether it will be sold or transferred to another industry, a trader or another destination and, if known, the final type of product that is anticipated to result from the production, processing or consumption. Notice of additional activities The declarant must notify the National Authority in writing of any additional activity that is anticipated to be carried out during the year referred to in the declaration not less than 15 days before the activity begins. Initial declaration 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, 1994 and ending at the end of the calendar year before the coming into force of these Regulations, exported or imported any quantity of any of the Schedule 2 chemicals described in paragraphs 9(1)(a) to (c) 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: if applicable, the name, position and contact information of the authorized representative; and as the case may be, each of the quantities of each Schedule 2 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. Any person that, during a calendar year, exports or imports any quantity of any of the Schedule 2 chemicals described in paragraphs 9(1)(a) to (c) 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 13(a) to (c). Sections 15 to 18 apply to plant sites that consist of one or more plants where, during a calendar year, more than three tonnes of a Schedule 3 chemical are produced, with the exception of those chemicals that constitute less than 25% of the total weight of a mixture. 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 a Schedule 3 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: if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 3; for each plant referred to in section 15 that is located within the plant site, the main activities that are carried out; and for each Schedule 3 chemical referred to in section 15 that is produced in a quantity above the threshold set out in that section, the total quantity produced, expressed in tonnes, and the purposes for which it was produced. Any person that, during a calendar year, produces a Schedule 3 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 16(a) to (e). Cessation of production activities If the declarant no longer produces Schedule 3 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. Any person that anticipates producing, during the following calendar year, more than three tonnes of a Schedule 3 chemical at a plant site must make, no later than September 15 of the current year, an annual declaration of the activities that are anticipated to be carried out during the calendar year 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, in addition to the information set out in paragraphs 16(a) to (d), the following information for each Schedule 3 chemical referred to in the declaration: the total quantity that is anticipated to be produced, expressed in tonnes; and the purposes for which it will be produced. Notice of additional production activities The declarant must notify the National Authority in writing of any additional production activity that is anticipated to be carried out during the year referred to in the declaration not less than 15 days before the production activity begins. 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: 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. 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). Subject to subsection (2), this Part applies to plant sites where, during a calendar year, more than 200 tonnes of discrete organic chemicals are produced by synthesis; or that consist of one or more plants where, during a calendar year, more than 30 tonnes of a PSF chemical are produced by synthesis. Exception This Part does not apply to plant sites where a person produces exclusively explosives, hydrocarbons or alcoholic beverages. 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: the main activities that were carried out, and the number of plants within the plant site where a discrete organic chemical was produced by synthesis; the approximate aggregate quantity of discrete organic chemicals that were produced by synthesis during the calendar year, expressed in one of the following ranges: more than 200 tonnes but less than 1 000 tonnes, 1 000 tonnes or more but less than or equal to 10 000 tonnes, or more than 10 000 tonnes; and if a PSF chemical was produced by synthesis, the number of plants within the plant site where a PSF chemical was produced by synthesis, and 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: more than 30 tonnes but less than 200 tonnes, 200 tonnes or more but less than 1 000 tonnes, more than 10 000 tonnes. 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). 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. This Part does not apply to riot control agents that are intended to be used by an individual for personal defence. 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: for each riot control agent, its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula. 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. Retention of documents 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 inventory and accounting records; operational records; chemical waste disposal records; records of receipt and inventory of raw materials and catalysts; batch records or cards and quality control reports; and 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. Period of retention The documents must be kept and maintained for at least five years after the day on which they are created. Registration These Regulations come into force on the day on which they are registered.