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LEHDER News

New Transition Timelines for Hazardous Products Regulation and WHMIS 2015

     Posted by LEHDER News on

New Transition Timelines for HPR and WHMIS 2015On May 24, 2017, the Workplace Hazardous Materials Bureau issued an electronic notification regarding the delay of the requirement for companies to transition to WHMIS 2015.  The full communication is provided below.

On February 11, 2015, the Government of Canada published the Hazardous Products Regulations (HPR) in the Canada Gazette, Part II. These regulations, combined with amendments to the Hazardous Products Act (HPA), modified the Workplace Hazardous Materials Information System (WHMIS) 1988 to incorporate the Globally Harmonized System of Classification and Labelling for Chemicals (GHS) for workplace chemicals in Canada. This modified WHMIS is referred to as WHMIS 2015.

The transition to WHMIS 2015 included a three-stage transition period that is synchronized nationally across federal, provincial and territorial jurisdictions. However, Orders in Council have recently been approved to defer two of the milestones for transition. These Orders will be published in the Canada Gazette Part II shortly. In the interim, suppliers should be aware of the new transition deadlines. Manufacturers and importers now have until June 1, 2018 to comply with the HPR. The deadline of June 1, 2017 has been delayed by one year to June 1, 2018. The second deadline of June 1, 2018 has been delayed by three months to September 1, 2018.

The target deadline set for employers by federal, provincial and territorial (FPT) agencies responsible for occupational safety and health (OSH) in the workplace remains unchanged at December 1, 2018.

For information on employer WHMIS requirements set out by FPT OSH agencies, contact the agency in your jurisdiction. Specific WHMIS requirements for any jurisdiction can also be found at WHMIS.org. These Orders extend the periods during which suppliers can comply with either the Controlled Products Regulations (WHMIS 1988) or the HPR (WHMIS 2015). The Orders and a Regulatory Impact Analysis Statement (RIAS) will be published in the Canada Gazette Part II shortly.

This Order and the Regulatory Impact Analysis Statement (RIAS), SOR/2017-92 and SOR/2017-93, were published in the Canada Gazette Part II on May 31, 2017. The Gazette publication can be viewed here:

http://www.gazette.gc.ca/rp-pr/p2/2017/2017-05-31/html/sor-dors92-eng.php

http://gazette.gc.ca/rp-pr/p2/2017/2017-05-31/html/sor-dors93-eng.php

If you have any questions in regards to the Hazardous Products Regulation or WHMIS, please contact Mark Roehler.

 

MSAPR Part 1 Classification Clarifications for June Reporting Deadline

     Posted by LEHDER News on

On May 30, 2017, clarification in regards to classification reporting for the June 17, 2017 reporting deadline for MSAPR Part 1 was released.

  • ECCC has received questions on the timelines associated with submitting a classification report by classifying equipment using the provisions 34(1)(b)(iii), 34(1)(b)(iv) and 34(1)(b)(v). To clarify, equipment classified using provisions 34(1)(b)(iii), 34(1)(b)(iv) and 34(1)(b)(v) have 18 months as set out in 41(1)(a) to submit their classification report given that they are relying on the determination given by a CEMS or stack test. It is important to note that the reference period for testing is 12 months.

  • If you are unable to obtain the equipment serial number, please indicate “Unable to obtain, see comments below” in the Serial Number field of the MSAPR Online Reporting Tool. Then, provide your justification on why you were unable to obtain the serial number in the Additional Comments field.

  • If you are unable to obtain the complete equipment commissioning date, please indicate “January 1st” the commissioning year of your equipment and provide your justification in the Additional Comments field.

For additional information or clarification, the Combustion Unit with Environment and Climate Change Canada can be reached at ec.combustion.ec@canada.ca.

For more information on the MSAPR, please contact Pete Pakalnis.

Proposed Emission Regulations for Oil & Gas Industry

     Posted by LEHDER News on

ECCC Proposed Regulations for CH4 and VOCs for Oil & Gas IndustryOn May 25, 2017, Environment and and Climate Change Canada (ECCC) issued a news release regarding the proposed methane and VOC emission regulations for the oil and gas sector. These proposed regulations will be published in the Canada Gazette, Part I, on May 27, 2017 for a 60 day comments period; comments will be accepted until July 27, 2017.

The full ECCC news release, including quick facts and links to the backgrounders on the proposed regulations, can be viewed here:

https://www.canada.ca/en/environment-climate-change/news/2017/05/canada_to_reduceemissionsfromoilandgasindustry.html

Quick links to the proposal technical backgrounders are available below:

Proposed regulations to reduce methane emissions in the oil and gas sector

Proposed regulations to reduce the release of volatile organic compounds (petroleum sector)

For questions on how these regulations may impact your facility, please contact Marnie Freer.

MSAPR Part 1 - Signature Declaration Template and Additional Webinars Scheduled

     Posted by LEHDER News on

MSAPR Part 1 Online Reporting ApplicationOn April 27, 2016, the Online Reporting Application was released for the Multi-Sector Air Pollutants Regulations (MSAPR) Part 1 - Boilers and Heaters for the June reporting requirements; the application is accessed through Environment and Climate Change Canada’s Single Window (SWIM) reporting platform.  It is important to note that pursuant to Section 120 of the MSAPR, the use of the online reporting tool is mandatory.  The Application will be updated later this year  to accommodate future online reporting requirements (e.g. annual reports).

Webinars demonstrating the online Reporting Application were completed in early May.  During these sessions, a request was made in regards to the acceptable format for the signature of the authorized official.  In response, a template was provided by the Electricity and Combustion Division of Environment and Climate Change Canada.  A copy of this template is provided below:

MSAPR Part 1 Signature Declaration Template MSAPR Part 1 Signature Declaration Template (29 KB)


Due to the popularity of the webinars demonstrating the Online Reporting Application, an additional session in both English and French have been scheduled.  There is no need to pre-register for these webinars.


 Date

Time

Language

WebEx Link

Wednesday May 24, 2017

12:00 (EST)

  English

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=ee8b1e214b969f2c3951beef7eaf99ed8

Thursday   May 25, 2017

12:00 (EST)

  French

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=e4bd3318e6f6eeb1e4ea70677f907a8b3


Copies of the instructional documents for SWIM entry are provided below.

MSAPR Part 1 - Online Reporting Application Instructions (English) MSAPR Part 1 - Online Reporting Application Instructions (English) (146 KB)



MSAPR Part 1 - Online Reporting Application Instructions (French) MSAPR Part 1 - Online Reporting Application Instructions (French) (123 KB)


Additional questions can be forwarded to ec.combustion.ec@canada.ca.

For additional information in regards to the MSAPR, please contact Pete Pakalnis.

CEPA Notice to Provide Information for Risk Management of Specific Substances

     Posted by LEHDER News on

CEPA 1999 Substances Information Request for Summer 2017On April 1, 2017, pursuant to CEPA 1999, paragraph 71(1)(b), notices were posted in the Canada Gazette, Part I, Vol. 151, No. 13 in regards to information required for the assessment of certain toxic substances for substances manufactured, imported or used in 2015 and 2016. 

Information is required to be submitted through Environment and Climate Change's Single Window (SWIM) system for applicable substances by the required date.  A brief overview of the Summer 2017 requirements is provided below, please refer to the Canada Gazette notice for complete information and further details on the Fall 2017 requirements.

Inquiries concerning the notice may be directed to the Substances Management Information Line at 1-800-567-1999 (toll free in Canada), 819-938-3232 (outside of Canada), or via email to eccc.substances.eccc@canada.ca.

Notice to provide information for the risk management of certain substances — Summer 2017

Notice to provide information for the risk management of certain substances — Fall 2017

Summer 2017

Information pertaining to applicable substances listed in Schedule 1 for the summer notice are required to be provided no later than June 28, 2017, 3 p.m. (EST). Please refer to the Canada Gazette notice for complete information.

Schedule 1 (Substances) & Schedule 2 (Applicability)


Part 1 - Hexavalent Chromium Compounds

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 25 kg;
  • imported a total quantity greater than 25 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 25 kg, whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%), for chromium electroplating, chromium anodizing or reverse etching.

Part 2 - 2-Propanone Substances

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 100 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) in the manufacture of a mixture, a product, or a manufactured item.

Part 3 - Common Names Dechlorane Plus, DP, DBDPE or DecaBDE

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg of a substance at a concentration equal to or above 0.1% by weight (w/w%), whether  
    • alone, in a mixture, or in a product; or
    • in a manufactured item that is
      •  a vehicle, aircraft or watercraft, or a part contained therein,
      • a construction material,
      • a carpet, vinyl or laminate flooring, or foam underlay for flooring,
      • a cable, a wire, an appliance, or an electrical device or equipment,
      • a rubber conveyor belt,
      • a plastic pallet, other than a plastic pallet used to import other goods, or
      • clothing, footwear, bedding, furniture or furnishing if the substance is contained in a foam, leather, textile fibre, yarn or fabric;
  • used a total quantity greater than 100 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) in the manufacture of a mixture, a product, or a manufactured item.

Part 4 - Refractory Ceramic Fibres

This notice applies to any person who, during the 2015 or 2016 calendar year:

  • manufactured a total quantity greater than 100 kg;
  • imported a total quantity greater than 100 kg whether alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%);
  • used a total quantity greater than 1000 kg whether the substance was used alone, in a mixture or in a product at a concentration equal to or above 0.1% by weight (w/w%) whether the substance was used alone, in a mixture, or in a product.

If an applicable substance above met the criteria for both 2015 and 2016, only the information for 2016 is required to be provided.  If the criteria was met for only the 2015 calendar year, the 2015 information is only required.

Exemptions to the criteria above can be located in Schedule 2 (11) and information required to be submitted under Schedule 3 is provided in Schedule 2 (12).  Schedule 3 provides the specific information required for reporting.

Information pertaining to applicable substances listed in Schedule 1 for the summer notice are required to be provided no later than June 28, 2017, 3 p.m. (EST).

For additional information in regards to this notice, please contact Marnie Freer.

MSAPR Part 1 Online Reporting Application & Webinars for June Reporting Requirements

     Posted by LEHDER News on

MSAPR Part 1 Online Reporting ApplicationOn April 27, 2016, the Online Reporting Application was released for the Multi-Sector Air Pollutants Regulations (MSAPR) Part 1 - Boilers and Heaters for the June reporting requirements; the application is accessed through Environment and Climate Change Canada’s Single Window (SWIM) reporting platform.  It is important to note that pursuant to Section 120 of the MSAPR, the use of the online reporting tool is mandatory.  The Application will be updated later this year  to accommodate future online reporting requirements (e.g. annual reports).

In addition, several webinars will be held to demonstrate the Online Reporting Application in both English and French.  There is no need to pre-register for these webinars.

 Date

Time

Language

WebEx Link

Monday May 1, 2017

12:30 (EST)

  English

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=e16e667dbb575291bcbdbd5631c4e4d2f

Wednesday May 3, 2017

12:30 (EST)

  French

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=eb721a4f74247da115c0ff2c3634ad804

Thursday May 4, 2017

12:30 (EST

  English

https://gts-ee.webex.com/gts-ee/onstage/g.php?MTID=e18e5bda9152e676de1c0a0e95b27d01b


Copies of the instructional documents for SWIM entry are provided below.

MSAPR Part 1 - Online Reporting Application Instructions (English) MSAPR Part 1 - Online Reporting Application Instructions (English) (146 KB)



MSAPR Part 1 - Online Reporting Application Instructions (French) MSAPR Part 1 - Online Reporting Application Instructions (French) (123 KB)


Additional questions can be forwarded to ec.combustion.ec@canada.ca.

For additional information in regards to the MSAPR, please contact Pete Pakalnis.

Canada Ratifies WTO Agreement on Trade Facilitation with Act to Amend HPA and CEPA

     Posted by LEHDER News on

Canada Ratifies WTO Agreement with Act Amending CEPA and HPROn December 12, 2016, an Act to Amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make amendments to a related Act, formerly known as Bill C-13, was enacted. This legislation enabled Canada to ratify the World Trade Organization (WTO) Agreement on Trade Facilitation (TFA) on December 16, 2016.

The TFA, which entered into force on February 22, 2017, contains binding commitments for the 164 WTO Members to modernize and simplify border procedures. The legislative amendments contained in this Act relate to two specific provisions of the TFA:

  • Article 10.8.1: Importers may return to exporters goods rejected on account of their failure to meet certain health and technical requirements, unless an alternate way is provided for in laws and regulations.
  • Article 11.8: Technical regulations may not be applied to goods moving through the territory of a WTO Member from a point outside its territory to another foreign point (i.e. goods in transit).

As a result of the legislative changes, the following provisions in the TFA apply to hazardous products under the Hazardous Products Act (HPA), as follows:

  • Under Article 10.8.1 of the TFA, hazardous chemicals that do not comply with the HPA could be returned/re-consigned to the importer for removal from Canada at their expense unless they pose unacceptable risks to human health and safety, in which case they would be seized and not returned.
  • Under the Hazardous Products Regulations, the sale and importation of hazardous products that are "in transit" (being transported through Canada after being imported and before being exported, when the place of initial loading and the final destination are outside of Canada), and that are not intended for use in a work place in Canada, are exempt from the labelling and safety data sheet requirements of the HPA.
  • In addition, the HPA was amended to provide authority, consistent with other Health Canada legislation, to implement international agreements, such as the TFA.

For more information, please contact the Workplace Hazardous Materials Bureau at:

Email: WHMIS_SIMDUT@hc-sc.gc.ca

Telephone: 1-855-407-2665

Additional information can also be found online:

WTO-Negotiations

WTO-TFA FAQs

Bill C-13

Hazardous Products Act

For more information, please contact Mark Roehler.

Comment Period Open for Proposed Amendments to Cap and Trade Regulations

     Posted by LEHDER News on

Spring 2017 Proposed Amendments to Cap and TradeOn April 5, 2017, the proposed amendments to the Cap and Trade and Reporting Regulations was posted to the Environmental Registry.  The full post for this EBR post, Registry #013-0104 can be viewed here but an excerpt of the proposed amendments is provided below.

Proposed Amendments to the Cap and Trade Regulation

Changes being considered to the Cap and Trade regulation along with the incorporated Methodology include:

  • Changes to the methods for determining the number of allowances to be distributed free of charge to particular facilities in the pulp and paper, mineral wool insulation, used oil processing, and fuel ethanol sectors. The proposal is to move the particular facilities to emissions intensity/ product output benchmark approaches from distributions based on energy use or fixed historical emissions.

  • Updates to selected benchmarks or facility intensity in beer and industrial ethanol sectors to address emissions from additional sources (i.e., cogeneration);

  • Refinement of the method for determining the distribution of allowances free of charge to capped participants based on the amount used where that use differs from the indirect useful thermal energy (e.g., steam) imported;

  • Administrative amendments to improve administration and implementation of the program (e.g., address a situation where a facility becomes a mandatory participant after registering as a voluntary participant in a previous year).

Proposed Regulatory Amendments to the Quantification, Reporting and Verification of Greenhouse Gas Emissions Regulation (O. Reg. 143/16)

Changes being considered to the reporting regulation along with the incorporated Guideline include:

  • Requiring the reporting of emissions from the use of all the process fuels by the iron and steel producer, including emissions from the process fuel that is transferred off-site

  • Requiring capped participants, for whom the cost of carbon is not included in the price of fuels, to report all emissions from the combustion of fuels they receive. Natural gas distributors do not pass on the cost of carbon to capped participants because they are expected to bear the compliance obligation for those emissions. This would require capped participants to report emissions from both:
      • natural gas used at the capped facility; and
      • natural gas transferred offsite to a non-capped facility.

  • Clarifying the requirements for the reporting and verification of production data by capped participants, to support any application for free allowances. Clarification will apply only to the data that are the basis for the allocation of allowances.

Capped participants will also have an associated compliance obligation under the cap and trade program as a result of these changes under items 1 and 2 to the reporting regulation.

The proposed changes are included in the Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 document provided below.

Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 Proposed Amendments to the Cap and Trade and Reporting Regulations - Spring 2017 (261 KB)


Comment Period on Proposed Amendments

The 45 day comment period for these amendments is open until May 20, 2017.  Comments can be submitted directly to:

Eric Loi
Senior Engineer
Ministry of the Environment and Climate Change
Climate Change and Environmental Policy Division
Air Policy Instruments and Programs Design Branch
77 Wellesley Street West
Floor 10
Ferguson Block
Toronto Ontario M7A2T5

Phone: (416) 314-1700

Comments can also be submitted online at:

https://www.ebr.gov.on.ca/ERS-WEB-External/searchComment.do?actionType=add¬iceId=MTMyMTEz&statusId=MjAwNTIz¬iceHeaderIdString=MTMyMTM5

For additional information on Ontario's Cap and Trade Program, please contact Marnie Freer.


Proposed Regulations Amending the Transportation of Dangerous Goods Regulations (Marine Provisions)

     Posted by LEHDER News on

TDGR Marine Proposed AmendmentsA proposal to amend the TDG Regulation was published in the Canada Gazette Part I on April 1, 2017. The proposed amendments to the TDG seek to update marine requirements to align with those in the Cargo, Fumigation and Tackle Regulations (CFTR) and the 49 Code of Federal Regulations (CFR) and to reduce duplication. The objectives of this proposal are as follows:

  • Update the marine provisions in the TDG Regulations to reflect the terminology and definitions used in the current version of the CSA 2001 and in regulations that are made under the authority of the CSA 2001;
  • Update certain marine requirements to align with those in the CFTR and the 49 Code of Federal Regulations (CFR) and reduce duplication;
  • Eliminate discrepancies between the definitions of short-run ferry in the TDG Regulations and in the CFTR and amend the exemption for short-run ferries in the TDG Regulations to provide clarity around the provisions from which it grants exemption;
  • Allow the transport of gasoline and propane in highway tanks on passenger carrying ferries operating over the most direct water route between two points not more than 5 km apart under certain conditions; and
  • Allow the transport of UN3156, COMPRESSED GAS, OXIDIZING, N.O.S. in quantities up to 25 L on passenger carrying vessels.

Full details of the proposed regulations can be obtained from the Canada Gazette at:

http://gazette.gc.ca/rp-pr/p1/index-eng.html - Saturday, April 1, 2017, Vol. 151, No. 13

Interested persons may provide comments on the proposed Regulations within 30 days after the date of publication of this notice (by May 1). All such representations must be in writing and cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to:

Geneviève Sansoucy, Chief

Regulatory Affairs Branch, Transport Dangerous Goods Directorate, Department of Transport

Place de Ville, Tower C, 9th Floor, 330 Sparks Street, Ottawa, Ontario K1A 0N5

tel.: 613-990-5766; fax: 613-993-5925

email: TDGRegulatoryProposal-TMDPropositionReglementaire@tc.gc.ca


For more information on the TDG Regulation, please contact Mark Roehler.

Mark Roehler to Present at 2nd Annual Dangerous Goods Conference

     Posted by LEHDER News on

2nd Dangerous Goods ConferenceOn April 28, 2017, LEHDER Principal Mark Roehler will be presenting at IDC Technologies' 2nd Dangerous Goods Conference in Toronto, ON.  Mr. Roehler's presentation, titled Hazardous Waste, Ontario Subject Waste and Dangerous Goods - Relationships and Classifications will define each of these and discuss their similarities, yet differences, in classification from a shipping perspective. Various scenarios will be used to illustrate how documentation (bill of lading or waste manifest) should be completed to maintain compliance with TDG and provincial waste regulations. 

Additional information in regards to the full day conference schedule and registration is provided below:

IDC Technologies website - conference information and registration

DG Conference Brochure - April 28, 2017 DG Conference Brochure - April 28, 2017 (912 KB)

For more information, please contact Mark Roehler.