CONSOLIDATION

Declarations Regulations (Chemical Weapons Convention)

SOR/2010-56

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Declarations Regulations (Chemical Weapons Convention)

PART 1

Interpretation 1

Definitions

PART 2

Schedule 1 Chemicals Application 2

Application

Initial Declaration 3

Single small-scale facility

Proposed facility

Annual Declaration of Past Activities 5

Single small-scale facility or other facility

Annual Declaration of Anticipated Activities 6

Single small-scale facility or other facility

Notice and Declaration Regarding Exports and Imports 7

Notice

Annual declaration of past activities

PART 3

Schedule 2 Chemicals Application 9

Application

Initial Declaration 10

Declaration

Annual Declaration of Past Activities 11

Declaration

Annual Declaration of Anticipated Activities 12

Declaration

Current to June 20, 2022

ii

Declarations Regulations (Chemical Weapons Convention) TABLE OF PROVISIONS

Declarations Regarding Exports and Imports 13

Initial declaration

Annual declaration of past activities

PART 4

Schedule 3 Chemicals Application 15

Application

Initial Declaration 16

Declaration

Annual Declaration of Past Activities 17

Declaration

Annual Declaration of Anticipated Activities 18

Declaration

Declarations Regarding Exports and Imports 19

Initial declaration

Annual declaration of past activities

PART 5

Discrete Organic Chemicals Application 21

Application

Initial Declaration 22

Declaration

Annual Declaration of Past Activities 23

Declaration

PART 6

Riot Control Agents Application 24

Application

Declaration 25

Declaration

Current to June 20, 2022

iv

Declarations Regulations (Chemical Weapons Convention) TABLE OF PROVISIONS

PART 7

Retention of Documents 26

Retention of documents

PART 8

Coming into Force 27

Registration

Current to June 20, 2022

v

Registration SOR/2010-56 March 11, 2010

CHEMICAL WEAPONS CONVENTION IMPLEMENTATION ACT Declarations Convention)

Regulations

P.C. 2010-259

March 11, 2010

(Chemical

Weapons

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).

a

S.C. 2003, c. 22, par. 224(z.16)

b

S.C. 1995, c. 25

Current to June 20, 2022

Declarations Regulations Weapons Convention)

(Chemical

PART 1

Interpretation Definitions 1 (1) 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)

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 1 Interpretation Sections 1-3

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 (2) Unless the context otherwise requires, all words and expressions used in these Regulations have the same meaning as in the Convention.

Electronic transmission (3) Any notice given or declaration made under these Regulations may be given or made by electronic means.

PART 2

Schedule 1 Chemicals Application Application 2 This Part applies to any activity authorized under the Schedule 1 Chemicals Regulations (Chemical Weapons Convention).

Initial Declaration Single small-scale facility 3 (1) 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

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 2 Schedule 1 Chemicals Initial Declaration Sections 3-4

declarant or, in the case of a corporation, by its authorized representative and that contains the following information: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; (c) the name of the facility and its address or, if there is no address, a description of its precise location; and (d) a detailed technical description of the facility, including an inventory of equipment and detailed diagrams. Changes (2) The declarant must notify the National Authority in

writing, and within the following time frames, of any change to the following information: (a) that referred to in paragraphs (1)(a) and (b), no later than 7 days after the day of the change; and (b) that referred to in paragraphs (1)(c) and (d), not less than 200 days before the change is to be made.

Proposed facility 4 (1) 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, (a) in the case of the single small-scale facility, the information set out in paragraphs 3(1)(a) to (d); and (b) 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.

Changes (2) The declarant must notify the National Authority in

writing, and within the following time frames, of any change to the following information: (a) that referred to in paragraphs 3(1)(a) and (b), no

later than 7 days after the day of the change; and (b) that referred to in paragraphs 3(1)(c) and (d), the

detailed technical description of an other facility and

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 2 Schedule 1 Chemicals Initial Declaration Sections 4-5

the purposes for which an other facility will be operated, not less than 200 days before the change is to be made.

Annual Declaration of Past Activities Single small-scale facility or other facility 5 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; (c) the name of the facility and its address or, if there

is no address, a description of its precise location; (d) for each Schedule 1 chemical referred to in the declaration, (i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, (ii) 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, (iii) if applicable, the quantity consumed and the purposes for which it was consumed, (iv) 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,

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 2 Schedule 1 Chemicals Annual Declaration of Past Activities Sections 5-6

(v) the maximum quantity stored at any time during the year, and (vi) the quantity stored at the end of the year; (e) 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, (i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, and (ii) its quantity consumed; (f) any changes at the facility compared to, (i) in the case of the single small-scale facility, its detailed technical description, including the inventory of equipment and detailed diagrams, and (ii) in the case of an other facility, its detailed technical description; and (g) 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.

Annual Declaration of Anticipated Activities Single small-scale facility or other facility 6 Any person that anticipates carrying out, during the

following calendar year, an activity at the single smallscale 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; (c) the name of the facility and its address or, if there

is no address, a description of its precise location;

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 2 Schedule 1 Chemicals Annual Declaration of Anticipated Activities Sections 6-7

(d) for each Schedule 1 chemical referred to in the

declaration, (i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, and (ii) 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 (e) any changes that are anticipated at the facility compared to, (i) in the case of the single small-scale facility, its detailed technical description, including the inventory of equipment and detailed diagrams, and (ii) in the case of an other facility, its detailed technical description.

Notice and Declaration Regarding Exports and Imports Notice 7 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: (a) the name and contact information of the person

that gives the notice; (b) if applicable, the name, position and contact information of the authorized representative; (c) 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 (d) 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.

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 2 Schedule 1 Chemicals Notice and Declaration Regarding Exports and Imports Sections 8-9

Annual declaration of past activities 8 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; (c) 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 (d) 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.

PART 3

Schedule 2 Chemicals Application Application 9 (1) 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: (a) 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; (b) 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

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Declarations Regulations (Chemical Weapons Convention) PART 3 Schedule 2 Chemicals Application Sections 9-10

(c) 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 (2) 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.

Initial Declaration Declaration 10 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; (c) for each plant site, (i) its name, address and precise location, (ii) the name of its owner or of the corporation or

enterprise operating it, as the case may be, and (iii) if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 4; (d) for each plant referred to in section 9 that is located within the plant site,

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 3 Schedule 2 Chemicals Initial Declaration Sections 10-11

(i) 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, (ii) the name of its owner or of the corporation or

enterprise operating it, as the case may be, (iii) the main activities that are carried out, (iv) an indication (A) that the plant produces, processes or consumes a Schedule 2 chemical, as the case may be, (B) of whether it is dedicated to those activities

or is multi-purpose, and (C) of whether it carries out other activities with respect to a Schedule 2 chemical and, if applicable, a specification of those activities, and (v) its production capacity for each Schedule 2 chemical and the method used to calculate that production capacity; and (e) for each Schedule 2 chemical, (i) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula, (ii) the total quantity produced, processed or consumed, expressed in kilograms or in tonnes, and (iii) the purposes for which it was produced, processed or consumed and, (A) if it was processed or consumed, the type of product that resulted from the processing or consumption, or (B) 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.

Annual Declaration of Past Activities Declaration 11 (1) 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

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Declarations Regulations (Chemical Weapons Convention) PART 3 Schedule 2 Chemicals Annual Declaration of Past Activities Sections 11-12

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 (2) 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.

Annual Declaration of Anticipated Activities Declaration 12 (1) 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: (a) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula; (b) 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 (c) the purposes for which it will be produced, processed or consumed and, (i) if it will be processed or consumed, the type of product that will result from the processing or consumption, or (ii) 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

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 3 Schedule 2 Chemicals Annual Declaration of Anticipated Activities Sections 12-14

destination and, if known, the final type of product that is anticipated to result from the production, processing or consumption. Notice of additional activities (2) 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.

Declarations Regarding Exports and Imports Initial declaration 13 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; and (c) 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. Annual declaration of past activities 14 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).

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 4 Schedule 3 Chemicals Sections 15-16

PART 4

Schedule 3 Chemicals Application Application 15 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.

Initial Declaration Declaration 16 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; (c) for each plant site, (i) its name, address and precise location, (ii) the name of its owner or of the corporation or

enterprise operating it, as the case may be, and (iii) if applicable, the number of plants within the plant site that are referred to in a declaration made under Part 3; (d) for each plant referred to in section 15 that is located within the plant site, (i) 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,

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 4 Schedule 3 Chemicals Initial Declaration Sections 16-18

(ii) the name of its owner or of the corporation or

enterprise operating it, as the case may be, and (iii) the main activities that are carried out; and (e) for each Schedule 3 chemical referred to in section

15 that is produced in a quantity above the threshold set out in that section, (i) its IUPAC name and CAS registry number or, if

no CAS registry number has been assigned, its structural formula, (ii) the total quantity produced, expressed in tonnes, and (iii) the purposes for which it was produced.

Annual Declaration of Past Activities Declaration 17 (1) 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 (2) 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.

Annual Declaration of Anticipated Activities Declaration 18 (1) 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

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 4 Schedule 3 Chemicals Annual Declaration of Anticipated Activities Sections 18-20

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: (a) its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula; (b) the total quantity that is anticipated to be produced, expressed in tonnes; and (c) the purposes for which it will be produced.

Notice of additional production activities (2) 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.

Declarations Regarding Exports and Imports Initial declaration 19 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; and (c) 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. Annual declaration of past activities 20 Any person that, during a calendar year, exports or imports any quantity of a Schedule 3 chemical referred to

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Declarations Regulations (Chemical Weapons Convention) PART 4 Schedule 3 Chemicals Declarations Regarding Exports and Imports Sections 20-22

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).

PART 5

Discrete Organic Chemicals Application Application 21 (1) Subject to subsection (2), this Part applies to plant sites (a) where, during a calendar year, more than 200 tonnes of discrete organic chemicals are produced by synthesis; or (b) 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 (2) This Part does not apply to plant sites where a person

produces exclusively explosives, hydrocarbons or alcoholic beverages.

Initial Declaration Declaration 22 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: (a) the

name declarant;

Current to June 20, 2022

and

contact

information

of

the

Declarations Regulations (Chemical Weapons Convention) PART 5 Discrete Organic Chemicals Initial Declaration Sections 22-23

(b) if applicable, the name, position and contact information of the authorized representative; (c) for each plant site, (i) its name, address and precise location, (ii) the name of its owner or of the corporation or

enterprise operating it, as the case may be, (iii) the main activities that were carried out, and (iv) the number of plants within the plant site where a discrete organic chemical was produced by synthesis; (d) the approximate aggregate quantity of discrete organic chemicals that were produced by synthesis during the calendar year, expressed in one of the following ranges: (i) more than 200 tonnes but less than 1 000 tonnes, (ii) 1 000 tonnes or more but less than or equal to

10 000 tonnes, or (iii) more than 10 000 tonnes; and (e) if a PSF chemical was produced by synthesis, (i) the number of plants within the plant site where a PSF chemical was produced by synthesis, and (ii) 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: (A) more than 30 tonnes but less than 200 tonnes, (B) 200 tonnes or more but less than 1 000 tonnes, (C) 1 000 tonnes or more but less than or equal

to 10 000 tonnes, or (D) more than 10 000 tonnes.

Annual Declaration of Past Activities Declaration 23 (1) 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

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Declarations Regulations (Chemical Weapons Convention) PART 5 Discrete Organic Chemicals Annual Declaration of Past Activities Sections 23-25

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). Cessation of production activities (2) 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.

PART 6

Riot Control Agents Application Application 24 This Part does not apply to riot control agents that are intended to be used by an individual for personal defence.

Declaration Declaration 25 (1) 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: (a) the

name declarant;

and

contact

information

of

the

(b) if applicable, the name, position and contact information of the authorized representative; and (c) for each riot control agent, its IUPAC name and CAS registry number or, if no CAS registry number has been assigned, its structural formula.

Changes (2) The declarant must notify the National Authority in

writing of any changes to the information contained in

Current to June 20, 2022

Declarations Regulations (Chemical Weapons Convention) PART 6 Riot Control Agents Declaration Sections 25-27

their declaration within 30 days after the day of the change.

PART 7

Retention of Documents Retention of documents 26 (1) 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 (a) inventory and accounting records; (b) operational records; (c) chemical waste disposal records; (d) records of receipt and inventory of raw materials

and catalysts; (e) batch records or cards and quality control reports;

and (f) 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 (2) The documents must be kept and maintained for at least five years after the day on which they are created.

PART 8

Coming into Force Registration 27 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022

