Overview of CEPA Section 71 Notice Notice with respect to asbestos Published in the Canada Gazette Information Session
Overview • Notice under the section 71 of Canadian Environmental Protection Act, 1999 (CEPA) • Asbestos section 71 Notice • Persons Required to Provide Information • Information Required • How to Respond to the Notice • Contact Information 2
Notice under the Section 71 of CEPA • Pursuant to section 71 of CEPA , the Minister may publish in the Canada Gazette a Notice requiring any person described to provide the required information • Individuals or companies are required to provide information in their possession or to which they are reasonably expected to have access – No further testing or studies are required to be performed 3
Asbestos Section 71 Notice Notice with respect to Asbestos • Published in the Canada Gazette Part I with approximately one month to respond • An electronic copy of the Notice, a Guidance Document for completing the Notice, and information for reporting online are available on the Chemical Substances Web site at: http://www.chemicalsubstanceschimiques.gc.ca/ Purpose of the Notice • To gather information on asbestos and asbestos-containing mixtures, products and manufactured items in commerce in Canada to inform risk management activities Substances included in the Notice (Schedule 1) • The Notice applies broadly to asbestos, and six sub-types of asbestos, including: – crocidolite asbestos; chrysotile asbestos; brown asbestos; tremolite asbestos; actinolite asbestos; and anthophyllite asbestos 4
Persons Required to Provide Information The reporting criteria are outlined in Schedule 2 . The Notice applies to any person who, during any calendar year from 2013 to 2015: 1. Manufactured a total quantity greater than 5 kg of one or more substances listed in Schedule 1 2. Imported a total quantity greater than 5 kg of one or more substances listed in Schedule 1 whether: a. alone, or b. at a concentration greater than 0.1% by weight (w/w%) in a mixture, product or manufactured item 3. Exported a total quantity greater than 5 kg of one or more substances listed in Schedule 1 whether: a. alone, or b. at a concentration greater than 0.1% by weight (w/w%) in a mixture, product or manufactured item 5
Persons Required to Provide Information (cont’d) 4. Used a total quantity greater than 5 kg of one or more substances listed in Schedule 1 to manufacture a mixture, a product, or a manufactured item, whether: a. alone, or b. at a concentration greater than 0.1% by weight (w/w%) in a mixture, product or manufactured item Note: - “use” refers to formulation activities, and more specifically, “used to manufacture” refers to creating or producing a mixture, product or manufactured item - Clarification on other terms such as manufacture, export, manufactured item, mixture or product can be found in Section 2 of the Guidance Document available on the Chemical Substances Web site at: http://www.chemicalsubstanceschimiques.gc.ca/ 6
Reporting Diagram for Asbestos 7
Exclusions Exclusions to the Notice are outlined in Schedule 2 . The Notice does not apply to: • a reportable substance, whether alone, in a mixture, in a product, or in a manufactured item, that is in transit through Canada. 8
Information Required Information required, and applicable definitions are outlined in Schedule 3 . Applicable Sections • If a company meets the reporting requirements, they are required to complete the applicable sections of the Notice. Applicable sections of Schedule 3 Year* 4 5 6 7 8 2013 ** 2014 ** 2015 Manufacture 2015 Import, export or use * Most recent calendar year in which the activity took place ** When reporting year is 2013 or 2014, information for section 7 should be based on 2015 calendar year information. 9
Section 4:Quantity Who completes it? - All reporters ( 2013, 2014 or 2015 manufacturers, importers, exporters and/or users ) Information required* Example 1 ( a ) Year of Reference 2014 2014 ( b ) CAS RN Number of the substance 1332-21-4 12172-73-5 ( c ) Quantity Manufactured (kg) 0 0 ( c ) Quantity Imported (kg) 11 15 ( c ) Quantity Exported (kg) 0.5 4.9 ( c ) Quantity Used (kg) 0 0 * Information for the most recent calendar year in which a reportable activity took place must be provided 10
Section 4: Quantity (cont’d) Information required* Example 2 ( a ) Year of Reference 2014 2015 ( b ) CAS RN Number of the substance 1332-21-4 1332-21-4 ( c ) Quantity Manufactured (kg) 0 0 ( c ) Quantity Imported (kg) 40 0 ( c ) Quantity Exported (kg) 10 0 ( c ) Quantity Used (kg) 0 30 * Information for the most recent calendar year in which a reportable activity took place must be provided - In this example, 2015 is the most recent calendar year in which a reportable activity took place. Only 2015 quantity used is reportable. 2014 quantities may be submitted voluntarily through a Declaration of Stakeholder Interest. 11
Section 5: Consumer and Commercial Codes Information Who completes it? - 2015 manufacturers, importers, exporters, and/or users Information required Example ( a ) CAS RN of the substance 12172-73-5 ( b ) Consumer and Commercial code(s) that describe the C101 C204.06 known or anticipated final goods containing the substance (c) Quantity imported, exported, manufactured, or used (kg) 11 30.2 (d) Concentration (w/w %) 0.19 1.1 (e) Common or generic name of the substance or the Insulation known or anticipated final final goods containing the Floor tiles boards substance Note: Must provide a description of the known or anticipated final goods containing the substance when choosing “C999 – Other (Specify)”. 12
Section 6: Supplier Information Who completes it? - 2015 importers, exporters, and/or users Information required Example 12001-28-4 ( a ) CAS RN of the substance ( b ) Supplier Name Asbestos Inc. (b) Head Office Street and Mailing Address for 1234 Bright St., Toronto, ON, K1A 0HW Supplier 13
Section 7: Company Information Who completes it? - All reporters ( 2013, 2014 or 2015 manufacturers, importers, exporters and/or users) Information required* Example ( a ) Number of employees (regular and contract employees) 100 - 499 in Canada (choose from a provided range) ( b ) Company wide gross annual revenue in Canada (choose $5 million to $50 million from a provided range) • Information must be provided for the 2015 calendar year, even is the year of reference is 2013 or 2014 • The information requested is for the entire company, not solely the business unit or facility focusing on asbestos 14
Section 8: Substance Phase Out and Substitution Who completes it? - All reporters (2013, 2014 or 2015 manufacturers, importers, exporters and/or users) Information required* Example ( a ) whether the company has, or plans to phase out the manufacture, import, export or use of asbestos, by indicating “yes” Yes or “no”; ( b ) If the answer to (a) is “yes”, please indicate the date or anticipated date of phase out. If the answer to (a) is “no”, please 2017-04-01 explain reasoning ( c ) whether the company has substituted, or plans to substitute, Yes asbestos with an alternative substance, by indicating “yes” or “no”; (d) if the answer to (c) is “yes”, please indicate the name of the Substance X (CAS RN XXX-XX-X) alternative substance. * Information for the most recent calendar year in which a reportable activity took place must be provided 15
Request for Confidentiality • As part of Section 313 of CEPA, companies who provide information in response to a section 71 Notice may submit with the information a request that it be treated as confidential. – Clearly identify the specific data elements in your response that are confidential business information – Provide a rationale indicating the reason for requesting confidentiality. The rationale is requested for each substance on which the person has reported in their response to the Notice • Section 5 of the guidance document contains further information on how to make a request for confidentiality. 16
Blind and Joint Reporting • Blind submissions – Used when a supplier’s information is confidential (e.g., substance identity, concentration). Each party (supplier and customer) submits partial data to make one complete response. ( Refer to Guidance document Sections 5 and 6 ). • Joint submissions – Coordinated response on behalf of several parties, pooling resources and saving costs. For example: • Association submitting on behalf of their members • Large supplier submitting on behalf of their downstream customers Blind and joint submissions can be submitted by email to eccc.substances.eccc@canada.ca ( Indicate in the subject line “Asbestos Blind Submission“ or “Asbestos Joint Submission") 17
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