Whereas, under subsection 332(1) a of the Canadian Environmental Protection Act, 1999 b, the Minister of the Environment published in the Canada Gazette, Part I, on July 3, 2021, a copy of the proposed Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations, substantially in the annexed form, under the title Prohibiting the Manufacture and Import of Wheel Weights Containing Lead in Canada Regulations, 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; S.C. 2004, c. 15, s. 31 S.C. 1999, c. 33
Whereas, under subsection 93(3) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6 c of that Act; S.C. 2015, c. 3, par. 172(d)
And whereas, in the opinion of the Governor in Council, under 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, makes the annexed Prohibition of the Manufacture and Importation of Wheel Weights Containing Lead Regulations under subsection 93(1) of the Canadian Environmental Protection Act, 1999 b.
Definition
In these Regulations, vehicle has the same meaning as in section 2 of the Motor Vehicle Safety Act.
Application
Subject to subsection (2), these Regulations apply in respect of wheel weights containing lead that are designed to balance the wheels of a vehicle.
These Regulations do not apply in respect of wheel weights that are in transit through Canada, from a place outside Canada to another place outside Canada.
Prohibition
A person must not manufacture or import wheel weights containing more than 0.1% lead by weight, except in accordance with a permit issued under section 5.
The prohibition in subsection (1) does not apply in respect of
the manufacture for export of wheel weights; or
the importation of wheel weights installed on vehicles.
Permits
An application for a permit must include the information specified in the schedule and be submitted to the Minister not later than the 90th day before the day on which the wheel weights containing lead are to be manufactured or imported.
The application must be accompanied by a certification, dated and signed by the applicant or by their authorized representative, stating that the information contained in the application is accurate and complete.
Subject to subsection (2), the Minister may issue a permit to manufacture or import wheel weights containing lead for the term requested in the application for a permit if
the applicant has established that, at the time of the application,
there is no alternative to the manufacture or importation of wheel weights containing lead, or
there is an alternative but the alternative is not technically or economically feasible for the applicant; and
the requested term of the permit does not exceed the period for which the permit is necessary.
The term of the permit must not exceed 24 months.
The Minister must refuse to issue a permit if the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application.
A permit may be renewed once.
An application for the renewal of a permit must include the information specified in the schedule and be submitted to the Minister not later than the 90th day before the day on which the permit expires.
The application must be accompanied by a certification, dated and signed by the applicant or by their authorized representative, stating that the information contained in the application is accurate and complete.
The Minister may renew the permit for a term that must not exceed 24 months if the conditions in subsection 5(1) are met.
The Minister must refuse to renew the permit if the Minister has reasonable grounds to believe that the applicant has submitted false or misleading information in support of their application.
The Minister must revoke a permit if the Minister has reasonable grounds to believe that the permit holder has submitted false or misleading information to the Minister or that the permit holder has failed to comply with the permit.
The Minister must not revoke a permit unless the Minister has
notified the permit holder in writing of the reasons for the revocation; and
provided the permit holder with an opportunity to make written representations in respect of the revocation.
The revocation of a permit is not effective until the 20th day after the day on which the Minister notifies the permit holder.
Documents and Records
Any document submitted to the Minister under these Regulations must be submitted electronically in the form specified by the Minister and must be accompanied by a certification, dated and signed by the person submitting the document or by their authorized representative, stating that the document is accurate and complete.
If the Minister has not specified an electronic form or if it is not feasible to submit the document electronically in accordance with subsection (1) because of circumstances beyond the person’s control, the document must be submitted on paper in the form specified by the Minister and must be accompanied by a certification, dated and signed by the person submitting the document or by their authorized representative, stating that the document is accurate and complete. If no form has been specified, the information may be sent in any form.
A person that manufactures or imports wheel weights in respect of which these Regulations apply must submit to the Minister, in English or French, any requested information that relates to the lead in those wheel weights.
Any person that manufactures or imports wheel weights in respect of which these Regulations apply must maintain records that demonstrate that those wheel weights were manufactured or imported in accordance with these Regulations and that include
the date on which those wheel weights were manufactured or imported, as the case may be;
the date on which those wheel weights were exported or on which they are intended to be exported, as the case may be; and
the number of those wheel weights that were manufactured or imported.
The records must be retained for a period of at least five years after the day on which they are made.
The records must be retained at the person’s principal place of business in Canada or, on notification to the Minister, at any other location in Canada where the records can be inspected.
If the records are moved, the person must notify the Minister in writing of the civic address in Canada of the new location within 30 days after the day of the move.
A person that keeps records electronically must ensure that all equipment and software necessary to make the record intelligible are available during the retention period.
Accredited Laboratory
Any analysis performed to determine the concentration of lead for the purposes of these Regulations must be performed by a laboratory that meets the following conditions at the time of the analysis:
it is accredited
under the International Organization for Standardization standard ISO/IEC 17025, entitled General requirements for the competence of testing and calibration laboratories, by an accrediting body that is a signatory to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement, or
under the Environmental Quality Act, CQLR, c. Q-2; and
the scope of its accreditation includes the analysis performed to determine the concentration of lead.
Related Amendment to the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999)
[Amendments]
Coming into Force
These Regulations come into force on the first anniversary of the day on which they are registered.
Information to be Contained in an Application for a Permit or Renewal of a Permit
Information respecting the applicant:
their name, civic and postal addresses in Canada, telephone number and, if any, fax number and email address; and
the name, title, civic and postal addresses in Canada, telephone number and, if any, fax number and email address of any authorized representative.
Information respecting the product:
in the case of an application for a permit,
the common or generic name of the product and its trade name, if any,
the estimated number of wheel weights to be imported or manufactured and the estimated total quantity of lead contained in the wheel weights, expressed in kilograms, and
the type of vehicle for which the product is designed; and
in the case of an application for the renewal of a permit, the information specified in paragraph (a) as well as information specifying the number of wheel weights manufactured or imported under the terms of the initial permit and the total quantity of lead contained in the wheel weights, expressed in kilograms.
Information establishing that, at the time of the application, there is no alternative to the manufacture or importation of wheel weights containing lead or, if there is an alternative, that it is not technically or economically feasible for the applicant.
The requested term of the permit.
The civic and postal addresses of the location where the records referred to in section 10 of these Regulations are retained in Canada.