From: Environment and Climate Change Canada

Current status: Open

The proposed Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999, was published in the Canada Gazette, Part I, Vol. 156, No. 20, on May 14, 2022 and is open for a 75-day public comment period ending on July 28, 2022.

The comments received during this period will be considered when developing the final Order.

Background

The objective of the proposed Order is to establish export controls on certain substances to help ensure Canada’s continued compliance with the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention). Substances added to Schedule 3 (the Export Control List) are subject to the Export of Substances on the Export Control List Regulations.

Comments received in response to the consultation document describing the proposed amendments to the Export Control List have been taken into consideration in the development of the proposed Order.

A summary of the comments received, along with how they were considered in the development of the proposed Order, is included in the Regulatory Development section of the regulatory impact analysis statement published with the proposed Order.

Key elements of the proposed Order

The proposed Order would add the following substances to the Export Control List making their exports subject to the Export of Substances on the Export Control List Regulations.

  • perfluorooctanoic acid which has the molecular formula C7F15CO2H, its salts and precursors (PFOA)
  • long chain perfluorocarboxylic acids that have the molecular formula CnF2n+1CO2H in which 8 ≤ n ≤ 20, their salts and precursors (LC-PFCAs)
  • hexabromocyclododecane (HBCD)
  • polybrominated diphenyl ethers (PBDEs)
  • 1,4:7,10-Dimethanodibenzo[a,e]cyclooctene, 1,2,3,4,7,8,9,10,13,13,14,14-dodecachloro-1,4,4a,5,6,6a,7,10,10a,11,12,12a-dodecahydro- (Dechlorane Plus or DP)
  • benzene, 1,1’-(1,2-ethanediyl)bis[2,3,4,5,6-pentabromo-, which has the molecular formula C14H4Br10 (Decabromodiphenyl ethane or DBDPE)
  • ferbam

The proposed Order would also amend the descriptions of certain substances currently listed on the Export Control List to better align with those under the Rotterdam Convention and the Stockholm Convention on persistent organic pollutants (POPs) and related domestic risk management instruments. These amendments are for clarification only and do not modify the scope of the listings.

The proposed regulatory changes are summarized in the Description section of the regulatory impact analysis statement published with the proposed Order in the Canada Gazette, Part I.

The proposed Order would come into force on the day on which the Prohibition of Certain Toxic Substances Regulations, 2022 come into force (see related initiative below).

Related initiative

Concurrently, the proposed Prohibition of Certain Toxic Substances Regulations, 2022 were published to repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012 (current regulations) on the day the final regulations come into force. The amendments would prohibit further or prohibit the manufacture, use sale and import of PFOS, PFOA, HBCD, PBDEs, LC-PFCAs, DP and DBDPE.

Join in: How to participate

You are invited to review the regulatory impact analysis statement and proposed Order text to submit your comments. Please include “Comments on the proposed Schedule 3 Order” in the subject line of your email or document.

By email

Send an email with your ideas or comments to make yourself heard using the contact information below.

By mail

Please include “Comments on the proposed Schedule 3 Order” in the subject line of your email or document.

Note that any person who provides information to the Minister of the Environment may request it being treated as confidential under section 313 of the Canadian Environmental Protection Act, 1999.

Please read our privacy statement for this consultation.

Keep in touch

To be notified of the publication of the final Order Amending Schedule 3 to the Canadian Environmental Protection Act, 1999, in the Canada Gazette, Part II, please contact us to be added to the distribution list.

Related information

Contact us

By mail

Export Controls Program
Chemical Production Division
Environment and Climate Change Canada
351 St. Joseph Blvd, 19th floor
Gatineau, QC, K1A 0H3

By email

Email: sec-ecs@ec.gc.ca

Environment and Climate Change Canada Inquiry Centre:
Telephone: 819-997-2800 or 1-800-668-6767 (in Canada only)