Persistence and Bioaccumulation Regulations

Contents

Whereas, pursuant to subsection 332(1) of the Canadian Environmental Protection Act, 1999, the Minister of the Environment published in the Canada Gazette, Part I, on December 11, 1999, a copy of the proposed Persistence and Bioaccumulation Regulations, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;^noteAnd whereas, pursuant to subsection 67(2) of that Act, the Minister of the Environment and the Minister of Health are of the opinion that the natural occurrence, properties and characteristics of minerals and metals in the environment have been taken into consideration;Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment and the Minister of Health, pursuant to section 67 of the Canadian Environmental Protection Act, 1999, hereby makes the annexed Persistence and Bioaccumulation Regulations.

Interpretation

1 #

The definitions in this section apply in these Regulations.

bioaccumulation factor means the ratio of the concentration of a substance in an organism to the concentration in water, based on uptake from the surrounding medium and food. (facteur de bioaccumulation)

bioconcentration factor means the ratio of the concentration of a substance in an organism to the concentration in water, based only on uptake from the surrounding medium. (facteur de bioconcentration)

half-life means the period it takes the concentration of a substance to be reduced by half, by transformation, in a medium. (demi-vie)

octanol-water partition coefficient means the ratio of the concentration of a substance in an octanol phase to the concentration of the substance in the water phase of an octanol-water mixture. (coefficient de partage octanol-eau)

Application

2 #

These Regulations apply to any substance, other than a living organism within the meaning of Part 6 of the Canadian Environmental Protection Act, 1999.

Persistence and Bioaccumulation Determination

3 #

A substance is persistent when it has at least one of the following characteristics:

(a)in air,

(i)its half-life is equal to or greater than 2 days, or

(ii)it is subject to atmospheric transport from its source to a remote area;

(b)in water, its half-life is equal to or greater than 182 days;

(c)in sediments, its half-life is equal to or greater than 365 days; or

(d)in soil, its half-life is equal to or greater than 182 days.

4 #

A substance is bioaccumulative

(a)when its bioaccumulation factor is equal to or greater than 5 000;

(b)if its bioaccumulation factor cannot be determined in accordance with a method referred to in section 5, when its bioconcentration factor is equal to or greater than 5 000; and

(c)if neither its bioaccumulation factor nor its bioconcentration factor can be determined in accordance with a method referred to in section 5, when the logarithm of its octanol-water partition coefficient is equal to or greater than 5.

5 #

The determination of persistence and bioaccumulation with respect to a substance under sections 3 and 4 must be made in accordance with generally recognized methods of the Organisation for Economic Co-operation and Development (OECD) or of some other similar organisation or, if no such methods exist, in accordance with generally recognized methods within the scientific community and taking into account the intrinsic properties of the substance, the ecosystem under consideration and the conditions in the environment.

Coming into Force

6 #

These Regulations come into force on March 31, 2000.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.